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AGREEMENT FOR PROFESSIONAL SERVICES RELATED TO REMEDIATION AND MOLD ABATEMENT- CITY HALL BASEMENT BETWEEN CITY OF MOSCOW, IDAHO AND DISASTER RESPONSE, LLC THIS AGREEMENT FOR PROFESSIONAL SERVICES RELATED Tp REMEDIATION AND MOLD ABATEMENT - CITY HALL BASEMENT, BETWEEN CITY OF MOSCOW, IDAHO AND DISASTER RESPONSE, LLC, made and entered into this zf¢ day of X{i&·,C , 2017, by and between City ofMoscow, ldaho, a municipal corporation of the State ofldaho 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Disaster Response, LLC, 723 15th Street, Clarkston, Washington, 99403 (hereinafter "CONTRACTOR"). W I T N E S S E T H: WHEREAS, CITY intends to contract for the Remediation and Mold Abatement of the City Hall Basement, 206 East Third Street, Moscow, Idaho, as defined in Exhibit (hereinafter referred to as "PROJECT") which PROJECT is more specifically described hereinbelow; and WHEREAS, CONTRACTOR is certified in mold remediation and adheres to standards of remediation as set forth in Institute of Inspection Cleaning and Restoration Certification S520, relating to Mold Remediation; NOW, THEREFORE, it is agreed, for and in consideration of the mutual covenants and promises between the parties hereto, as follows: SECTION I: PROJECT Description/Scope of Work: The PROJECT scope shall be defined in Exhibit attached hereto. The Scope of the PROJECT shall include: Application of anti-microbial agent; HEP A vacuuming; Supply material (treated pine) for a containment wall; Removal of affected hazardous waste; Pre- and post-air sampling; Removal of contaminated item(s); and Water extraction and remediation; SECTION II: Compensation: A. CONTRACTOR shall perform all work necessary to complete the PROJECT for an amount not to exceed eleven thousand seven hundred thirty four and fifty one one-hundredths dollars ($11,734.51). PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE 1OF 16 ---PAGE BREAK--- B. If additional work is necessary, the Parties may amend this Agreement in writing. C. CITY shall be invoiced upon completion of emergency service work. Reasonable and customary charges include the costs of services and materials, in accordance with CONTRACTOR's procedures and price guidelines, and/or in accordance with reasonable industry standards plus overhead and profit. Payment in full is due upon completion of the work. SECTION III: CONTRACTOR's Responsibilities: CONTRACTOR shall complete the entire work on the PROJECT. Such work shall be conducted in a good and workmanlike manner which meets or exceeds industry standards. CONTRACTOR shall provide all services and materials necessary to reasonably mitigate additional damage to CITY's property, including, but not limited to, extraction of bulk water, removal of wet or contaminated material and personal property, securing, shoring and/or boarding up of the structure(s) to mitigate the additional damages and to promote security, corrosion control, and emergency safety remediation as necessary to reasonably protect CITY and property. CONTRACTOR shall provide CITY with a limited warranty against hidden latent defects in workmanship for a period of one year from substantial completion of the work on the real property (City Hall basement). SECTION IV: PROJECT Schedule: CONTRACTOR shall achieve completion of the PROJECT on or before thirty (30) days from commencement of work. In the event of unavoidable delays due to any act, interference, or change order requests from CITY, by weather conditions, by material shortages, by an act of God, or other circumstances beyond CONTRACTOR's control, CONTRACTOR, upon concurrence by the CITY, shall be granted an extension. The length of extensions due to such delays shall be as determined by the CITY. The City shall be notified of such delays or potential delays within two working days of CONTRACTOR's knowledge of such delays. SECTIONV: Independent CONTRACTOR: The contracting parties warrant by their signature that no employer/employee relationship is established between CONTRACTOR and CITY by the terms of this Agreement. It is understood by the parties hereto that CONTRACTOR is an independent contractor and as such neither it nor its employees, if any, are employees of CITY for purposes of tax, retirement system, social security (FICA) withholding. PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE20F 16 ---PAGE BREAK--- SECTION VI: Termination: A. Termination of Agreement. This Agreement may be terminated by CONTRACTOR upon thirty (30) days' written notice, should CITY fail to substantially perform in accordance with its terms through no fault of CONTRACTOR. CITY may terminate this Agreement upon thirty (30) days' written notice without cause and without further liability to CONTRACTOR except as designated by this section. In the event of termination, CONTRACTOR shall be paid for services performed to termination date. B. Termination of PROJECT. If any portion of PROJECT covered by this Agreement shall be suspended, abated, abandoned, or terminated, CITY shall pay CONTRACTOR for the services rendered to the date of such suspended, abated, abandoned, or terminated work; the payment to be based, insofar as possible, on the amounts established in this Agreement or, where the Agreement cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the two parties as to the percentage of the work completed. SECTION VII: Insurance: A. The CONTRACTOR shall not commence work until CONTRACTOR has obtained all insurance required under this section or until CONTRACTOR has satisfied CITY in this respect; nor shall CONTRACTOR allow any subcontractor to commence work until such subcontractor has also obtained such required insurance applicable to such subcontractor's work. The CONTRACTOR shall maintain such required insurance coverage throughout the term of this Agreement and will hold CITY harmless and shall indemnify CITY for any losses arising out of the CONTRACTOR's operations, including any contingent liability arising therefrom. The cost of such insurance shall be borne by the CONTRACTOR. The CONTRACTOR shall furnish copies of all insurance policies and/or certificates of insurance to CITY at the time of execution of this Agreement. Each policy shall include a provision to the effect that it shall not be subject to cancellation, or reduction in the amounts of its liabilities, or any other material change, until notice has been given in writing to CITY and the Parks and Facilities Manager not less than fifteen ( 15) days prior to such action. CONTRACTOR shall further cause CITY to be named as an additional insured on all applicable insurance policies. B. The CONTRACTOR shall take out and maintain, during the term of this Agreement, statutory worker's compensation insurance for all employees who will work on this PROJECT, and if any work is subcontracted, the CONTRACTOR shall require the subcontractor similarly to provide such insurance for all of the subcontractor's employees unless they are included under the protection afforded by the CONTRACTOR. PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE 3 OF 16 ---PAGE BREAK--- C. The CONTRACTOR shall take out and maintain during the term of this Agreement comprehensive public and general liability insurance. The comprehensive public and general liability insurance shall have, at a minimum, a coverage limit of at least Five Hundred Thousand Dollars ($500,000) per occurrence, and One Million Dollars ($1,000,000) aggregate. Policies containing deductible clauses will not be acceptable. SECTION VIII: Hold Harmless/Indemnification: In addition to other rights granted CITY by the Contract Documents, CONTRACTOR shall indemnify and save harmless the CITY, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of CONTRACTOR or its subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of CONTRACTOR or its subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. SECTION IX: Conflict of Interest: CONTRACTOR covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the PROJECT which would conflict in any manner or degree with the performance of its services hereunder. CONTRACTOR further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, CONTRACTOR shall immediately disclose such conflict to the CITY Parks and Recreation Director. SECTIONX: Entire Agreement, Modification And Assignability: This Agreement and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. CONTRACTOR may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by this Agreement, without the prior written consent and express authorization of CITY. PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE4 OF 16 ---PAGE BREAK--- SECTION XI: Adherence To Law Required: All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by CONTRACTOR shall be deemed material and shall subject CONTRACTOR to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of CONTRACTOR will in any way serve to modify the provisions of this requirement. CONTRACTOR and its surety shall indemnify and save harmless CITY and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by CONTRACTOR, CONTRACTOR's employees, or its subcontractors. SECTION XII: Non-Discrimination: CONTRACTOR shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, sexual orientation, age, marital status, physical or mental handicap, or national origin. SECTION XIII: Legal Fees: In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. SECTION XIV: Jurisdiction and Venue: This Agreement shall be construed in accordance with and shall be subject to the laws of the State of Idaho and that the venue of any such action shall be the Second Judicial District of the State of Idaho in and for Latah County. SECTION XV: Special Warranty: CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Agreement. CONTRACTOR further declares that no improper personal, political or social activities have been used or attempted in an effort to PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE 5 OF 16 ---PAGE BREAK--- influence the outcome of the competition, discussion, or negotiation leading to the award of this Agreement. Any such activity by CONTRACTOR shall make this Agreement null and void. SECTION XVI: Communications: Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: DISASTER RESPONSE, LLC Mike Mooney 723 15th Street Clarkston, Washington 99403 (208) 503-7190 City: Parks and Recreation Director City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 SECTION XVII: Execution: IN WITNESS WHEREOF, said CONTRACTOR and CITY have caused this Agreement to be executed on the day and year first above written. CONTRACTOR CITY DISASTER RESPONSE, LLC City of Moscow, Idaho 10/H ? By: Dwight Curtis Parks and Recreation Director Approved As To Form: lL0 Rodrick Hall, City Attorney PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE6OF16 ---PAGE BREAK--- STATE OF \dohO County of La...Ja h ) ) ss: ) ACKNOWLEDGMENT PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE70F 16 ---PAGE BREAK--- Main Level EXHIBIT Remediation and Mold Abatement DISASTER RESPONSE, LLC 723 15th Street Clarkston, WA 99403 [PHONE REDACTED] Contractors Licll ID RCE-41 OR CCB 210295 WA DISASRL846KQ CITYOFMOSCOW-MOLD Main Level DESCRIPTION QTY l. Apply anti-microbial agent to 490.96 SF@ 0.24= Landh1g Missing Wall 3' 11" x 9' 10" Opens into STAIRS DESCRIPTION QTY UNIT PRICE 2. HEPA Vacuuming-Detailed- (PER SF) 726.80 SF@ 0.65 = To perform a deUtlled HEPA pusses on t11/ surft1ces in the entire c11111ainment t1rea prior to post testi11g 3. Apply anti-microbial agent to more than the floor 161.80 SF@ 0.24 = Hallway QTY UNIT PRICE 4. HEPA Vacuuming-Detailed - (PER SF) 695.45 SF@ 0.65 = To perform a det11iled HEPA pusses 011 ull mrfaces i11 t/1e entire conlainme/11 urea prior to post te`·ting 5. Apply anti-microbial agent to more than the floor 154.46 SF@ 0.24 = Room 1 DESCRIPTION QTY UNIT PRICE 6. I !EPA Vacuuming - Detailed - (PER SF) 386.63 SF@ 0.65 = To perflirm a deltliled HEPA pusse.v on ull surfaces i11 the e11tire c1mtain111ent urea prior to po.vi le.vti11g 7. Apply anti-microbial agent to more than the floor 85.28 SF@ 0.24 = Elevator Room DESCRIPTION PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY QTY UNIT PRICE TOTAL 117.83 Height: 9' 1 O" TOTAL 472.42 38.83 Heighl: 9' 10" TOTAL 452.04 37.07 Height: 9' 10" TOTAL 251.3 l 20.47 Height: 9' 10" TOTAL PAGE 8 OF 16 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 1 Sth Street Clarkston, WA 99403 [PHONE REDACTED] Lie# ID RCIAI OR CCB 210295 WA DISASRL846KQ DESCRIPTION 8. HEPA Vacuuming - Detailed - (PER SF) CONTINUED - Elevator Room QTY 472.18 Sf@ UNIT PRICE 0.65= To perform a detailed HEPA passes on all surfaces in the entire co11tainment area prior to post testi11g 9. Containment Darricr/Airlock/Dccoa. Chamber 25.00 Sf@ 0.76 = C.mtuimmmt ul window .•et fllr u 11egutive uir I 0. Negative air fan/Air scrubber (24 hr period) - No monil. 11. Ducting - lay-flat - Large To duct 11ega1ive air out of the wi11dow 12. Darrier/Airlock/Dccon. Chamber T11 seal off air flow from tile elevaltlr .ίhaft I J. Containment Harrier - tension post - per day 14. Apply anti-microbial agent to more th po.,t te.,ting 16. Apply anti-micmbial agent to more than the floor 110.10 SF@ 0.24 = Marble Room DESCRIPTION QTY UNIT PRICE 17. IIEPA Vacuuming - Detailed -(PER SF) 1,161.32 SF@ 0.65 = To pefnrm 11 detuiled HEPA 11u.•se.•· 11n all . .-urfnce.•· in the entire c11ntainment urea pri11r to /e.,ting 18. Containment Rarrier/Airlock/Decon. Chamber 150.00 SF@ 0.76= 19. Peel & seal zipper -heavy duty 1.00 EA@ 13.85 = 20. Apply anti-microbial agent to more than the tloor 263.82 SF @ 0.24 21. 2" x 4" x 10' #2 trcatcd pine (material only) Material flir the c1mtuin111e11t wuff 12.00 EA@ PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY 6.93 = TOTAL 306.92 19.00 490.00 5.40 42.56 46.20 25.23 Heiglit: 9' 10" TOTAL 320.81 26.42 Height: JO" TOTAL 754.86 114.00 13.85 63.32 83.16 PAGE 9 OF 16 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 15th Street aZ6A•rE• Clarkston, WA 99403 [PHONE REDACTED] Lie# JD RCE-41 OR CCB 21 0295 WA DISASRLR46KQ DESCRIPTION 22. Carpenter - General Framer - per hour CONTJN llED - Marble Room QTY 4.00 UR@ LahtJr fllr u curpe11ter ttJ h11ild a temporary wall to at1acl1 plastic t11 for u collfuinment wall. Stairs UNIT PRICE 50.08 = Missing Woll 3' 11" x 15' 5 7/16" Opens into LANDING DESCRIPTION QTY UNIT PRICE 23. HF.PA Vacuuming - Detailed - (PF.R SF) 461.01 SF@ 0.65= To perform a detailed HEPA passes on all s11tfaces i11 the entire co11tai11me11t area prior to post testing 24. Containment Ilarricr/Airlock/Dccon. Chamber 60.00 SF @ 25. Ped & seal zipper - heavy duty 1.00 EA@ 26. Containment Harrier - tension post - per day 28.00 DA @ 27. Apply anti-microbial agent to more than the floor GENERAL DESCRIPTION 28. Hazardous Waste/Mold Cleaning Technician - per hour 103.84 SF@ QTY 28.00 HR@ 0.76= 13.85 = 3.30= 0.24 = UNIT PRICE 54.83 = TOTAL 200.32 Height: 15' 5" TOTAL 299.66 45.60 13.85 92.40 24.92 TOTAL 1,535.24 lah11r lfl rem1we ull uffecteJ Jrywu/f/plusterlba.•·ehllurd a11J t11 .•·and and wire hru.•·11 nwld thu/ tm .•tmcturul item 29. Pre air sampling 1.00 EA@ 750.00 = Sampling done to determine the affected areas and the scope of work needing 10 be performed. 30. Post air sampling I .00 EA @ Po.vi remeJiati11n air sumpliflg done confirm t11tul remediation 1Jf mold. 31. Plastic bag - used for disposal of contaminated items 32. Negative air fan/Air scrubber (24 hr period) - No monit. 25.00 EA@ 7.00 DA@ 800.00 = 3.07 = 70.00 = 750.00 800.00 76.75 490.00 Air scrubber used in the large storage room during tile mold ab11teme11t in the containment are11. This room is outside of the containment urea. 33. Add for HEPA filter (for negative air exhaust fan) 2.00 EA@ 186.25 = 3 72.50 2 filter.1·fi1r 2 11ir .•cruhher.< PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER REsPONSE, LLC AND CITY PAGE 100F 16 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 15th Street Clarkston. WA 99403 [PHONE REDACTED] Contr.ictors Lidl ID RCE-41 OR CCB 210295 WA DISASRL846KQ DESCRIPTION CONTINUED - GENERAL QTY 34. Add for HEPA filter (for canister/backpack vacuums) 35. Water Extraction & Remediation Technician - per hour 1.00 EA@ 24.00 HR@ Lalmr ftir Jrivl! time for twu ll!ch11ician., for 6 days. T/1i..f inc/udl!.• u/f Jemu um/ HEPA 36. Singh: axle dump truck - per load- including dump fees 1.00 EA@ Grand Tota] Areas: 2,457.76 SF Walls 466.33 SF Ceiling 490.96 SF Floor 54.55 SY Flooring 0.00 SF Long Wall 0.00 SF Shorl Wall 490.96 Floor Area 533.93 Tot.ti Area 1,407.39 Exterior Wall Arca 129.91 Exterior Perimeter of Walls 0.00 Surface Arca 0.00 Number of Squares 0.00 Total Ridge Length 0.00 Total Hip Length PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY 2,924.09 246.74 244.41 2,218.17 0.00 UNIT PRICE 51.25 = 41.21 = 296.87 = SF Walls and Ceiling LF Floor Perimeter LF Ceil. Perimeter Interior Wall Area TotDI Perimeter Lenglh TOTAL 51.25 989.04 296.87 PAGE 11OF16 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 15th Street Clarkston, WA 99403 2011-503-7190 Li1."# IDRCE-41 OR CCB 210295 WA DTSASRL846KQ Linc Item Total Material Sales Tax Subtotal Overhead Profit Replacement Cost Value Net Claim Mike Mooney Summary PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY 9,740.10 38.63 9,778.73 977.89 977.89 $11,734.51 $11,734.51 PAGE 12OF 16 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 15th Street aJCSASTER Clarkston, WA 99403 [PHONE REDACTED] Con!rdctors Li<..11 IDRCE-41 OR CCB 2 l 0295 WA DISASRL846KQ Recap of Taxes, Overhead and Profit Overhead (10%) Line Items 977.89 Total 977.89 Protlt (10%) Material Salet Tax Mnnof, Rome T1t11 Storage Tax 977.89 977.89 (fi%) 38.63 0.00 38.63 0.00 0.00 0.00 PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY PAGE 13OF16 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 15th Street D:IUAS'TE8 Clarkston, WA 99403 ΰ-!:α [PHONE REDACTED] Contractors Lie# ID RCE-41 OR CCB 210295 WA DISASRL846KQ Estimate: CITYOFMOSCOW-MOLD Area: Main Level Landlne Hallway Rooml Elev11tor Room Generator Room Marble Room Stairs Area Subtotal: Main Level GENERAL Subtotal of Areas Total Recap by Room PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY 117.83 1.21% 511.25 S.25'Yu 489.11 5.02% 271.78 2.79o/n 935.31 9.60% 347.23 3.56% 1,229.51 12.62% 476.43 4.89% 4,378.45 44.95% 5,361.65 55.05% 9,740.10 100.00% 9,740.10 100.00% PAGE 140F 16 ---PAGE BREAK--- DISASTER RESPONSE, LLC 723 15th Street DZSA!H'Ell Clarkston, WA 99403 [PHONE REDACTED] O&Pltems Contractors Lie# ID RCE-41 OR CCB 2 J 0295 WA DISASRL846KQ GENERAL DEMOLITION FRAMING & ROUGH CARPENTRY HAZARDOUS MATERIAL REMEDIATION WATER EXTRACTION & REMEDIATION O&P Items Subtotal Material Sales Tax Overhead Profit Total Recap by Category PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY Total % 296.87 1.53% 283.48 2.42% 8,165.31 69.58% 994.44 8.47% 9,740.10 83.00% 38.63 0.33% 977.89 8.33% 977.89 8.33o/o 11,734.Sl 100.00% PAGE 15OF16 ---PAGE BREAK--- I l I g a L7' l" 16' 5" tl o:i - ά - " ή i 1 1 8' 2' I Ϊ , 8 O} - 0\ " Ϋ if g : ' ' - 8'3" 3' 5"t i J U-414"- I PROFESSIONAL SERVICES AGREEMENT - REMEDIATION AND MOLD ABATEMENT DISASTER RESPONSE, LLC AND CITY έ el. g. l 1 PAGE 160F 16