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C19-0975-3
AMENDMENT NO. 2
BETWEEN THE CITY OF GLENDALE
AND
RESTORATION HQ, LLC
(City of Glendale, Contract No. C19-0975)
This Amendment No. 2 (“Amendment”) to the Linking Agreement (“Agreement”) is made
this day of , 20 , (“Effective Date”), by and between the City of
Glendale, an Arizona municipal corporation (“City”) and Restoration HQ, LLC, an Arizona
limited liability company authorized to do business in Arizona (“Contractor”).
RECITALS
A. On October 8, 2019, the City and Restoration HQ, LLC (“Contractor”) previously
entered into a Linking Agreement for emergency environmental remediation &
restoration services, Contract No. C19-0975, (“Agreement”); and
B. The original City of Mesa Contract, Contract No. 2019134 had an initial term beginning
June 4, 2019, through May 31, 2022, with the option to renew up to a maximum of two
(2) years; and
C. On April 13, 2021, City and Contractor entered into Amendment No. 1 increasing the
compensation not-to-exceed amount of $500,000 for the entire term of the Agreement;
and
D. On May 25, 2022, City and Contractor entered into Contract Extension No. 1, extending
the term of the Agreement from June 1, 2022 through May 31, 2024 consistent with the
City of Mesa's Contract Amendment No. 1; and
E. City and Contractor wish to modify and amend the Agreement subject to and strictly
in accordance with the terms of this Amendment.
AGREEMENT
In consideration of the mutual promises set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Contractor hereby agree as follows:
1. Recitals. The recitals set forth above are not merely recitals, but form an integral
patt of this Amendment.
2. Term. The term of the Agreement is unchanged.
3. Scope of Work. The Scope of Work is unchanged.
4/29/2021
Compensation. The Compensation is hereby modified and amended by an
additional amount of $1,531,189.27 for a new not-to-exceed amount of
$2,031,189.27.
Insurance Certificate. Current certificate expired on 01/01/2022. A new
certificate applying to the extended term must be provided to the Materials
Management and the Contract Administrator in order for this Amendment to take
effect. If a new insurance certificate showing adequate coverage is not provided to
the City within 30 days of the execution of this Amendment, this Amendment shall
be null and void..
Non-disctimination. Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. militaty veteran status or any disability.
Contractor will requite any Sub-contractor to be bound to the same requirements as
stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are
applicable, the parties hereby certify that they are not currently engaged in, and agree
for the duration of the Agreement to not engage in, a boycott of goods or services
from Israel, as that term is defined in A.R.S § 35-393.
Attestation of PCI Compliance. When applicable, the Contractor will provide the
City annually with a Payment Card Industry Data Security Standard (PCI DSS)
attestation of compliance certificate signed by an officer of Contractor with oversight
responsibility.
Ratification of Agreement. City and Contractor hereby agtee that except as
expressly provided herein, the provisions of the Agreement shall be, and remain in
full force and effect and that if any provision of this Amendment conflicts with the
Agreement, then the provisions of this Amendment shall prevail.
[Signatures on the following page.]
4/29/2021
CITY OF GLENDALE, an Arizona
municipal corporation
Kevin R. Phelps, City Manager
ATTESY:
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
Michael D. Bailey, City Attorney
Restoration HQ, LLC
ar-Arizona limited liability company
“By: Sergei Guk
Its: Owner
4/29/2021
Glendale
CONTRACT EXTENSION LETTER
May 25, 2022
Restoration HQ, LLC
ATINTO: Sergei Guk
SENT VIA EMAIL: SGuk@RestorationHQ.us
3610 E. Weir Ave
Phoenix, AZ 85040
Subject: Contract Extension 1of 1 for Contract No. C19-0975/ 320000226
Contract Title: Emergency Environmental Remediation & Restoration Services
Dear Mr. Guk,
Contract No. C19-0975 will be expiring on May 31, 2022. By signing this letter, Restoration HQ, LLC
hereby acknowledges this contract extension and its intent to follow all terms of ihe original contract.
This is for an extension only. The extension term is June 1, 2022 (Effective Date) through May 31,
2024.
Please send asigned copy of the updated Insurance certificate for the extension term to the address or
email below before the new extension starts.
City of Glendale - Field Operations
C/O Patty Aguayo
6210 W. Myrtle Ave., Suite 111
Glendale, AZ 85301
paguayo@glendaleaz.com
Sergei Guk
Owner
Restoration HQ, LLC
v)
Levi D. Gibson, CPA, M.Acc. Julie K. Bower
Materials Manager City Clerk
City of Glendale City of Glendale
Department Director Approval
Contract Analyst Approval | Via i
5850W.GlendaleAve, 623.930.2000 ;
Glendale, AZ 85301 . rev. 03.01.2021
Pda SPIE SIR gel Sci ei, NR
C19-0975
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
RESTORATION HQ, LLC
THIS LINKING AGREEMENT (this “Agreement”) is entered into as of this am day of
Ober , 2014, between the City of Glendale, an Arizona municipal corporation (the “City”), and
Restoration HQ, LLC, an Arizona limited liability company authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”
RECITAL
=
On June 4, 2019, under the S.A.V.E Cooperative Purchasing Agreement, the City of Mesa
entered into an agreement for Emergency Enyironmental Remediation & Restoration Services
Solicitation, Number 2019134 (“Cooperative Purchasing Agreement”), which is attached
hereto as Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by
other governmental agencies including the City.
B. Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods
and services by participating with other governmental units in cooperative purchasing
agreements when the best interests of the City would be served.
el Section 2-149 also provides that the Materials Manager may enter into such cooperative
agreements without meeting the formal or informal solicitation and bid requirements of
Glendale City Code Sections 2-145 and 2-146.
D. The City desires to contract with Contractor for supplies or services identical. or nearly
identical, to the supplies or services Contractor is providing other units of government under
the Cooperative Purchasing Agreement. Contractor consents to the City’s utilization of the
Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to
enter into this Agreement to provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference,
and the covenants and promises contained in this Linking Agreement, the partics agree as follows:
1. erm _of Agreement, The City is purchasing supplies and/or services from Contractor
pursuant to the Cooperative Purchasing Agreement. According to the Cooperative
Purchasing Agreement, purchases can be made by governmental entities from the date of
award, which was June 4, 2019, until the date the contract expires on May 31, 2022, unless the
term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the
original contracting parties. The Cooperative Purchasing Agreement allows for a renewal of
its Term for a maximum of two (2) vears and provides for an extension of up to 6 months
once the full term has expired, to allow for the City’s precurement process to be completed
to sclect a new vendor, As with the Cooperative Purchasing Agreement, renewals are not
1/29/18
~)
9.
automatic and shall only oceur if the City gives the Contractor notice of its intent to renew,
‘Vhe City may give the Contractor notice of its intent to renew this Agreement 30 days prior
to the anniversary of the I-ffective Date to effectuate such renewal.
Scope of Work; Terms, Conditions, and Specifications.
A. Contractor shall provide City the supplies and/or services identified in the Scope of
Work attached as Exhibit B.
B. Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
Compensation.
A. City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as
Exhibit C.
B. ‘The total purchase price for the supplies and/or services purchased under this
Agreement shall not exceed two hundred and fifty thousand dollars ($250,000) for
the entire term of the Agreement (initial term plus any renewals).
Cancellation. This Ag:
ement may be cancelled pursuant to A.R.S. § 38-511.
Non-diserimination. Contractor must not discriminate agamst any employee or applicant for
ual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military
veteran status or any disability. Contry
same requirements as stated within this section. Contractor, and on behalf of any
ants compliance with this section.
employment on the basis of race, color, religion, sex, national origin, age, marital status, s
ctor will require any Sub-conttactor to be bound to the
subcontractors, w
ficate. A certificate of insurance applying to this Agreement must he provided
to the City prior to the iffective Date.
L-verify. Contractor complies with A.RS.
requirements of A.R.S. § 41-4401,
23-214 and agrees to comply with the
No Boycott of Israel. ‘The Parties agree that they are not currently engaged in, and agree that
for the duration of the Agreement they will not engage in, a boycott of Isracl, as that term is
defined in A.R.S, §34-393,
Attestation _of PC] Compliance. When applicable, the Contractor will provide the City
annually with a Payment Card Industry Data Security Standard (PCL DSS) attestation of
compliance certificate signed by an officer of Contractor with oversight responsibility.
tr
1/2918
10. Notices. Any notices thet must be provided under this Agreement shall be sent to the Parties’
respective authorized representatives at the address listed below:
City of Glendale
c/o Vern Baker
6210 W. Mytde Ave., Suite 111
Glendale, AZ 85301
623-930-2679
and
Restoration HQ, LLC
c/o Sergei Guk
3610 B. Wier Ave.
Phoenix, AZ 85040
480-313-6426
IN WITNESS WHEREOF, the parties hescto have executed this Agreement as of the date and year
set forth above.
“City” “Contractor”
City of Glendale, an Arizona Restoration HQ, LLC.,
municipal corporation an Arizona limited liabiliry company
m lide Aix. a By: a —
fw Kevin R. Phelps Name: Sergei Guk
City Manager Title: Owner
APPROVED AS '1O FORM:
Mich¥el fey & )
City Attorney =
1/2918
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
RESTORATION HQ, LLC
EXHIBIT A
CITY OF MESA CONTRACT NO, 2019134
EMERGENCY ENVIRONMENTAL REMEDIATION SERVICES
1/29.16
a~\N
mesa-az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2019134
EMERGENCY ENVIRONMENTAL REMEDIATION & RESTORATION SERVICES
CITY OF MESA, Arizona (“City”)
Department Name City of Mesa - Purchasing Division
Mailing Address P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address 20 East Main St, Suite 400
Mesa, AZ 85201
Attention Jess Romney, CPPB
Procurement Officer
E-Mail Jess.Romney@MesaAZ gov
Phone (480) 644-5798
Fax (480) 644-2655
AND
RESTORATION HQ, LLC, (“Contractor”)
Mailing Address 3610 E. Wier Ave
Phoenix, AZ 85040
Delivery Address
Attention Sergei Guk
Owner
E-Mail SGuk@RestorationHQ.us
Phone (480} 313-6426
Fax
Page 1 of 26
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation (‘Agreement’) is entered into this 4" day of June 2019, by and
between the City of Mesa, Arizona, an Arizona municipal corporation (Gity’), and Restoration HQ, LLC,
a(n) Arizona corporation (“Contractor”). The City and Contractor are each a “Party” to the Agreenent or
together are “Parties” to the Agreement.
RECITALS
A. The City issued solicitation number 2019134 (‘Solicitation’) for Emergency Environmental
Remediation & Restoration Services, to which Contractor provided a response (“Response”), and
B_ The City Selected Contractor's Response as being in the best interest of the City and wishes to engage
Contractor in providing the services/materials described in the Solicitation and Response
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on June 4, 2019 and ending on May 31, 2022. The use
of the word “Term’ in the Agreement includes the aforementioned period as well as any applicable
extensions or renewals in accordance with this Section 1
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a
maximum of two (2) years, Any renewal(s) will be a continuation of the same terms and
conditions as in effect immediately prior to the expiration of the then-current term.
4.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement,
including any renewals permitted herein, at the City's sole discretion this Agreement may be
extended on a month-to-month dasis for a maximum of six (5) months to allow fer the City’s
procurement processes in the selection of a vendor to provide the services/materials provided
under this Agreement. The City will notify the Contractor in writing of its intent to extend the
Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension
under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect
immediately prior te the expiration of the then-current term
2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources
to provide the City with the services, materials and obligations attached to this Agreement as Exhibit
A (‘Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor
that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A
Contractor will supply all equipment and instrumentalities necessary to perform the Scepe of Work If
set forth in Exhibit A, the City will provide Contractor's personnal with adequate workspace and such
other related facilities as may be required by Contractor to carry out the Scope of Work
The Agreement is based on the Solicitation and Response which are hereby incorporated by reference
into the Agreement as if written out and included herein. In addition to the requirements specifically set
forth in the Scope of Work. the Parties acknowledge and agree that the Contractor shall pesform in
accordance with all terms. conditions, specifications and other requirements set forth within the
Solicitation and Response unless modified herein
3 Orders. Orders be placed with the Contractor by either a’ (i) Purchase Order when for a one-time
purchase; {ii) Notice to Proceed, or {iii} Delivery Order off of a Master Agreement for Requirement
Contract where muttiple as-needed orders will be placed with tne Contractor. The City may use the
Internet to communicate with Contractor and to place orders as permitted under this Agreement
Page 2 of 26
4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of
the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will contro!
in the following order.
a. Agreement
b. Exhibits
1. Mesa Standard Terms & Conditions
2. Scope of Work
3. Other Exhibits not listed above
c. Solicitation including any addenda
d. Contractor Response
5. Payment.
5.1 General, Subject to the provisions of the Agreement, the City will pay Contractor the sum(s)
described in Exhibit B (“Pricing”) in consideration of Contractor's performance of the Scope of
Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except
where otherwise provided in this Agreement, and include all costs of the Contractor providing
the materials/service including transportation, insurance and warranty costs. No fuel
surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced
at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly
notify the City of such price reductions
No price modifications will be accepted without proper request by the Contractor and response
by the City’s Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will accept
a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the
Term of the Agreement. The City is only willing to entertain price adjustments based on an
increase to Contractor's actual expenses or other reasonable adjustment in provicing the
services/materials under the Agreement. If the City agrees to the adjusted price terms, the City
shall issue written approval of the change.
During the sixty (60) day period prior to Contract expiration date of the Agreement, the
Contractor may submit a written request to the City to allow an increase to the prices in an
amount not to exceed the twelve (12) month change in the Consumer Price Index for All
Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published
by the U.S. Department of Labor, Bureau of Labor Statistics (http://Awww.bls.gov/cpi/home.htm).
The City shall review the request for adjustment and respond in writing; such response and
approval shall not be unreasonably withheld
5.4 Renewal and Extension Pricing Any extension of the Agreement will be at the same pricing
as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be
adjusted for amounts other than inflation that represent actual costs to the Contractor based
on the mutual agreement of the parties. The Contractor may submit a request for a price
adjustment along with appropriate supporting documentation demonstrating the cost to the
Contractor. Renewal prices shall be firm for the term of the renewal period and may be edjusted
Page 3 of 26
thereafter as outlined in the previous section. There is no guarantee the City will accep! a price
adjustment.
5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. No terms set forth in any invoice, purchase order or similar document
issued by Contractor will be deemed accepted by the City: the terms of the contractual
relationship between the Parties are as set forth in this Agreement. Any issues regarding billing
of invoicing must be directed to the City Department/Division requesting the service or material
from the Contractor. A properly completed invoice should contain, at a minimum, all of the
following:
Contractor name, address, and contact information:
City billing information;
City contract number as listed on the first page of the Agreement;
Invoice number and date;
Payment terms;
Date of service or delivery,
Description of materials or services provided;
If materials provided, the quantity delivered and pricing of each unit,
Applicable Taxes
If applicable, mileage or travel costs, and
Total amount due.
ad er
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where available
use a Procurement Card/e-Payables {o make payment for orders under the Agreement.
Otherwise: payment will be through a traditional method of a check or Electronic Funds
Transfer (EFT) as available.
5.7 Disallowed Costs, Overpayment If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or @ charge for
materials/service net in accerdance with the Agreement, the City will notify Contractor in weiting
of the disallowance, such notice will state the means of correction which may be, but is not
limited to, adjustment of any future claimfinvoice submitted by Contractor in the amount of the
disallowance, or to require repayment of the disallowed ammount by Contractor. Contractor will
be provided with the opportunity to respond to the notice
insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from
insurance companies authorized to do business in the State of Arizona; the insurance must
cover the materials/service to te provided by Contractor under the Agreement. For any
insurance required under the Agreement, Contractor will name the City of Mesa. its agents,
representatives, officials, volunteers. officers, elected officials, and employees as additional
insured, as evidenced by providing either an additional insured endorsement or proper
insurance policy excerpis
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
6.3 The City does not warrant the minimum limits conteined herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under the
Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may be
necessary
Page 4 of 26
6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of
Insurance (using an appropriate ‘“ACORD" or equivalent certificate) signed by the issuer with
applicable endorsements. The City reserves the right to request additional copies of any or all
of the policies, endorsements, or notices relating thereto required under the Agreement
6.6 When the Cily requires a Certificate of Insurance to be furnished, Contractor's insurance is
primary of all other sources available. When the City is a certificate holder and/or an additional
insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect
the coverage available withoul advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval by
the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of
the Agreement, at a minimum, the following:
6.9.1. Worker's compensation insurance in accordance with the provisions of Arizona
law. Hf Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during the
course of this Agreement, Contractor must procure worker's compensations in
accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of $1 million per occurrence/$2 million aggregate Commercial
Genera! Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
Officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3. Automobile liability, bodily injury and property damage with a limit of $1 million per
occurrence including owned, hired and non-owned autos.
Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receip! of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
Notices. Ali notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement Notice will be delivered pursuant lo the requirements set forth
the Mesa Standard Terms and Conditions that is aitached to the Agreement as Exhibit C.
Representations of Contractor. To the best of Contractor's knowledge. Contractor agrees that:
Page 5 of 26
10.
11.
13
14
15.
a. Contractor has no obligations, tega! or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City:
b Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
¢. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of 2 former employer of its employees (other than
City, if applicable): and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement
Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms
and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.
Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
scught.
Incorporation of Recitals and Exhibits. All Recitais and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement ard the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
(Aj Scope of Work
(B) Pricing
(C) Mesa Standard Terms and Conditions
(D) Federat Certifications
Attorneys’ Fees. The prevailing Parly in any litigation arising out of the Agreement will be entitied
ta the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
Headings. The headings of the Agreement are for reference only and will not tinvit or define the
meaning of any provision of the Agreement.
Page 6 of 26
By executing below, each Parly acknowledges thal it understands, approves, and accepts all of the terms
of the Agreement and the attached exhibits.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
CITY OF MESA, ARIZONA
Digitally signee by Coward Quedens
ON: cn-Edwerd Quecens c-Ctiy of
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RESTORATION HQ, LLC
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Masa, Algona, ou=Business Service:
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REVIEWED BY: pet
By: VUE AEP Es
Jess Rontfiey, CPPB’ a
Procurement Officer f
Page 7 of 26
nN
EXHIBIT A
SCOPE OF WORK
MINIMUM QUALIFICATIONS: Contractors must have a current B-1, B-2, KB-1 or KB-2 license
and certified to complete asbestos abatement. Contractor also must be and remain in good
standing with the Registrar of Contractors
SCOPE OF WORK:
41
4.2
4.3
MICROBIAL REMEDIATION: Microbial growth inside buildings is frequently caused by
moisture intrusicn into the building envelope that affects building materials. Mold growth
occurs when there is a water source, food source (the building materials) and time for the
spores to get established. City of Mesa Facilities is looking for Abatement/Remediation
Contractors that have the ability to provide for the remediation of identified and suspect
microbial growth from City of Mesa facilities. This RFP includes the abatement or
remediation of water-damaged or microbial damaged building materials only. It may include
replacement or minor remodel construction.
Services to be provided by the Abatement/Remediation Contractor may include but are not
necessarily limited to preparing initial estimate for all corrective actions, removal of water or
microbial damaged building materials prior to or during remediation, renovation and
demolition activities, decontamination of the work area and proper disposal of waste
materials, including microbially-contaminated building materials
The City of Mesa will provide the Abatement/Restoration Contractor information pertaining
to the project including address of the site, drawing or rnaps of the ares of buildings, any
construction records that might identify lead construction materials, other inspection reports
if availabie. other hazards which require assessment by technicelly trained inspectors, and
coordination for moving of patients, inmates. employees, etc The Contracter shall also
furnish a written estimate of tre cost of each project based on the fixed prices stated in the
contract complete with a not tc exceed price. The Contractor shall provide ali of the contract
services as stipulaied by contract including personnel, materials and equipment required to
complete the requested work activity. If any of these items need to be subcontracted, this
will need to be communicated to City of Mese in the response to this RFP and in the writen
estimate
ASBESTOS ABATEMENT: The City performs renovations and demolition work which
sometimes requires ACM, LBP, and other hazardous material (e.g. asbestos) abatement
phor to any further disturbanve of those materials or other materials installed in the vicinity
of such hazardous materials The Contractor must coordinate wilh the City to abate
hazardous materials at City owned and/or operated facilities.
Asbestos Contractor/Supervisors must have attended initial asbestos Contractor/Supervisor
training, received accreditation, and have maintained such accreditation from @ training
facilily approved by tne USEPA pursuent to 40 CFR 763, subpart E, appendix Cc.
Asbestos Contractor/Supervisors also meets the definition of a Competent Person as
provided by OSHA; therefore. being capable of identifying existing and predictable hazards
in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to
employees, end whe has authorization to take prompt corrective measures to eliminate them;
and specifically, one who is capable of identifying existing asbestos hazards in the workplace
and selecting the appropriate contrel strategy for asbestos exposure.
Asbestos Abatement Workers must have attended initial asbestos worker training, received
accreditation, and that have maintained such accreditation from a training facility approved
hy the USEPA pursuant to 40 CFR 763. subpart E. appendix C.
GENERAL: The Contractor shall agree and understand that the City of Mesa’s Project
Manager will have full and final authority for, but not limited to, the following Determination
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of completion of each project, review of work schedules, establishment of proper safety
protocol, and approval of the use of certain equipment, personnel, materials, and procedures.
The Contractor shall keep a complete record of all labor, equipment, materials, and outside
services expended in the performance of a project under the contract and shall include such
record as a closeout document with the final invoice for services
In general, the remediation Contractor shall furnish all labor, materials, services, permits,
insurance, and equipment, which is specified, shown, or reasonably implied for remediation
activities by the City of Mesa Facilities Department. This includes, but is not limited to, the
following major components.
¢ Establishment of engineering controls and critical barriers in preparation of the work
areas for microbial remediation
» Removal of damaged/contaminated building materials in designated areas.
¢ Thorough fine cleaning and decontamination of remaining building material surfaces
within the remediation work area.
« Criteria for post-abatement efficacy assessment as specified by City of Mesa.
DEFINITIONS: The following terms and definitions are used in this Agreement.
ADOSH: Arizona Division of Occupational Safety and Health.
Air Duct: A passageway of defined dimensions for the distribution of air within a structure
Air Filtering Device (AFD): Any one of several varieties of mechanical air moving and
filtering machines. It is commonly used to draw air through a series of air filters, including
pre-filters and a high efficiency particle air (HEPA) filter to reduce dust and bioaerosol
particulates by 95 to 99 percent as compared to the ambient air. An AFD can be used as an
AIR SCRUBBER or NEGATIVE AIR MACHINE.
Air Handling Unit (AHU): Any one of several variettes of mechanical air moving. filtering,
and conditioning systems. Commonly used to draw or force air through a duct system.
Air Scrubber: A freestanding, un-ducted, fan-driven apparatus used to filter ambient air
within a defined area, usually a containment area. Usually it is an AFD that releases filtered
exhaust into the contained area. Particulate release at the exhaust should be al ‘east 95
percent lower than particulate measurements al the device intake.
Anti-Microbial: Term applied to chemicals or processes that inhibit microbial proliferation,
such as drying or an antibiotic. The suffix -cide is applied to those known to kill living
organisms
Bioaerosol: Airborne particles that are living organisms or fragments that originated from
living organisms
Containment Area: An engineered space within a designated work area designed to control
the migration of contaminants to adjacent, non-contaminated regions outside the work area
during remediation.
Critical barrier: An engineered barrier that is impervious to penetration by bioaerosols,
vapors, and particulates. The barrier may be constructed of wood, metal, or plastic. as long
as aerosols cannot diffuse or migrate past the barrier. (Generally considered part of a
containment area.)
Decontamination: The process of cleaning surfaces and objects includes thorough cleaning
with HEPA vacuums and/or detergents. Also applies to a chamber or senes of chambers
used as ingress/egress porlals to a contained work area.
GFCI: Ground fault circuit interrupter. An electrical device designed to break an electrical
circuit when the circuit is interrupted or overloaded
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HEPA Filter: A high efficiency particulate air (HEPA) filter capable of trapping and retaining
99,97 percent of all mono-dispersed particles equal to or greater than 0.3 micrometers in
mass median aerodynamic equivalent diarneter.
HEPA Vacuum Equipment: Vacuuming equipment with a HEPA filler system to remove
particles from the exhaust air stream.
HVAC System: The entire air distribution system within @ building or residence, including,
but not limited to the air handler, cooling unit, heating element, humidifier, filter device. ducts.
vents, intakes, and exhausts.
Isolation: The sealing of all openings into a work area with six-mil polyethylene sheeting
and duct tape to contain dust and contaminants within the work area.
Moisture Content: The estimated percentage, or weight, of moisture (water) in materials,
as compared to the weight of the material when completely” dry
Negative Air Pressure: Lower air pressure created in a defined area (containment space)
by a HEPA-filtlered exhaust fan or vacuum device. The pressure differential (generally >5
Paschals [Pa] or -0.02 inches of water in a manometer) allows air movement from adjacent
areas of higher pressure into the area of lower pressure. The function is to prevent
contaminants from escaping the contained area. An AFD is commonly used to create
negative air pressure within a containment by exhausting the air outside the containment,
usually outdoors
Occupied Area: An area, adjacent to the remediation work area that is occupied. or
potentiaily accessible, by unprotected employees, residents, or the public
OSHA: Occupational Safety and Health Administratian.
Personal protective equipment (PPE); Ciothing cr equipment worn to protect the worker
cer other individual from hazards or exposure to hazardous matenals.
Remediation: The overall process of correcting problems related to water damage of
building materia's and related microbial contamination.
USEPA: United States Environmental Protection Agency.
Work Area: Designated rooms, spaces, or areas of the subject site in which microbial
remediation actions are to be undertaken A contained werk area is a work area, which has
been isolatec, equipped with controlled access portals and & decontamination unit, and is
under 2 negetive air pressure regime.
HEALTH AND SAFETY: Remediation work will be performed :n compliance with applicable
regulatory standards inclucing but not limited to OSHA 29 Code of Federal Regulations
{CFR) 1910 Standards for General industry, OSHA 29 CFR 1926 Standards for the
Construction Industry, ADOSH equivalent regulations, and USEPA guidelines for mold
remediation. The Contractor is responsible for determining whether any additional and/or
more stringent protective measures are required by any local, state, or federal regulations,
ordinances or guidelines Failure on behalf of the Contractor to comply with all applicable
requirements does not relieve the Contractor from any liability and/or requirements for
performance of the work.
EMERGENCY RESPONSE: The Contractor shal) be prepared {o respond to service calls on
a twenty-four (24) hour, seven (7) day per week basis. “Emergency Response Werk" shail
mean any work the City requesis the Contractor to perform which is in response to an
immediate hazard or other emergency as determined by the City The Contractor must
respond to the City via Phone within one (1) hour and commence work within two (2) hours
of receiving the City's request. Failure to respond is considered a default of Contract. After
three (3) repeated failures Contractor 1s subject to termination as set forth in Section 16 of
the Mesa Standard Terms and Conditions.
UTILITIES: City of Mesa will provide water and power supply (i ¢., electricity) from existing
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4.8
4.9
sources, where the Contractor's use is not excessive and does not interfere with the
building’s normal usage. Where existing utilities or facilities are not adequate or cannot be
used, the Contractor is responsible for providing alternative sources of potable water,
personal hygiene, and electrical power. The Contractor shall supply additional circuit and
distribution panels, as necessary for the situation. This should be discussed prior to the
beginning of the project
LICENSES, FEES, & PERMITS: The Contractor shall pay ail licensing fees, royalties, and
other costs necessary for the use of intellectual property, including, but not limited to:
copyrighted or patented product, design, invention, or process in the performance of the
specified work. The Contractor shall be solely responsible for costs, damages, or losses
resulting from any infringement of these patent rights or copyrights. The Contractor shall hold
the City of Mesa harmiess from costs, damages, and losses resulting from any infringement of
these patent rights or copyrights including reasonable attorney's fees. If the Contractor's Work
Plan requests the use of products, design, invention, or processes that requires a licensing,
patent, or royally fee for use in the performance of the job, the Contractor shall be responsible
for the fee or royalty fee and shall disclose the existence of such obligations.
OTHER REQUIREMENTS: The Coniractor shall assure the following:
» Control access to the work areas and maintain emergency access and exits during
remediation activities.
« Pravide City of Mesa, upon request, information regarding their Respiratory Protection
Program in compliance with ADOSH regulations.
* Have proof that manufacturers’ certification that vacuums, negative air pressure
equipment filters. and other local exhaust ventilation equipment conform to ANS| Z9.2-
1979
« All employees working on the remediation project must have Cerlificates of Training that
they have been trained in microbial remediation activities.
» Contractor's insurance coverage for mold remediation activities is as outlined in this RFP.
» Safety data sheets (SDS) and application instructions for chemical products to be used,
if any, are readily available and approved by City of Mesa prior to use.
+ Encapsulants, biocides and other such materials shall nol be used without prior approval
from the City of Mesa Project Manager.
* The manifest for all Hazardous Waste disposal must be sent to City of Mesa Project
Manager
4.40 EQUIPMENT/SUPPLIES: Contractor shall provide the following equipment/supplies:
* GFCI: The Contractor shall provide ground fault circuit interrupters (GFCI) to protect all
electrical cords and connections.
« Fire Extinguishers: Contractor shall supply fire extinguishers appropriate for the
anticipated conditions in the work area. A minimum of two (2) fire extinguishers shall be
provided in each work area. All Contractor employees shall be instructed in the general
principles of fire extinguisher use and the hazards associated with incipient stage fire-
fighting,
» Lighting: Approved lighting equipment for use in the work area if building lighting is
insufficient shall be supplied by the Contractor.
* Manometer: If the work area is placed under a negative air pressure regime. the Contractor
shall provide manometers to measure the pressure differential in each work area relative
to non-work areas. The use of digital recording manometer(s) is suggested to provide a
permanent record of the pressure differential, including the time, date, and measured
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pressure differential.
« Personal Protective Equipment: General specifications for PPE, shall be in
accordance with the applicable regulations and guidelines such as OSHA standards,
USEPA guidelines for mold remediation, or the ICRC $520 for fungal remediation, and
include, as a minimum, NIOSH/OSHA approved respirators (half-face or full face, N-95
or P100 filter, negative pressure respirators, Powered Air Purifying Respirators, or
supplied air respirators), safety glasses/goggles, and protective clothing, 1.€., safety
shoes, gloves (both impermeable and work), disposabie coveralls with boot protection
and hood, and head protection. Respiratory protection shall comply with the OSHA
respiratory protection standard (29 CFR 1910.134) and ADOSH equivalent regulations.
« Vacuum Equipment: All vacuum equipment utilized in the work area shall utilize HEPA
filtration as per ANSI Z9.2-1979
» Other Tools and Equipment: The Contractor shail provide other suitable tools including
bul not limited to saws, brooms, and carts
4.11 REPORTING:
* The Contractor must provide an abatement report to the City of Mesa within two (2)
business days
DISASTER RESTORATION AND RECOVERY: The Contractor shal! have the ability to provide
disaster related restoration services. Repairs and restoration should cover damage from Water.
Fire, Wind. Vandalism and any other elements which require repairs to buildings and/or other
propery
The minimum requirements for provigion of this service will be:
* Provide damage assessment and clesn up on an on-call basis. Contractor must be able to
respond via phone within one (1) hour and be on site lo commence work within two (2) hours
cf being notified.
«Maintain certification of inspection, cleaning, and restoration for all damage clean up, dry cut,
water extraction, carpet care, mold removal, sewer, and fire damage
« Must have the ability to provide and use ail proper fools and equipment to detect water damage
anc provide dry out as quickly as possible to prevent mold and indoor air quality issues. These
teols consist of, but are not limited te truck mount carpet untis, dehumidifiers, hydrosersors
turbodryers, thermal imaging hand held units. and any and aii other tools and equipment
necessary to provide water extraction and limely cleen up.
» Contractor will assess damage and document all damage by collecting the information of
damaged areas, taking photos of damage, and providing estimates of clean up and repairs
» Contractor must have the ability to provide end use all proper tools and equipment for timely
lean-up of identified bichazards including blood, sewage, etc. including disinfection of impacted
surfaces
» Allwork schedules, including staffing levels, will be coordinated and approved by the City ot
Mesa. For projects lasting ionger than one (1) week, weekly status reports shall be provided
by the Contractor In addition, a completion report shall be proviced by the Contractor at the
end of each project.
» Contractor must comply with all state. county and city laws pertaining to each individual
restoration project
» Contractor must provide proof of al! certifications held which pertain to disaster repair and
resioralion
REQUEST FOR QUOTE: Because of their nature, emergency abatement activities often occur
prior to the City developing a scope of work or the Contractor submitting a price quote The
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