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HomeMy WebLinkAbout2023-493-E-Housing Dept-Federal Hill SP LLC- cleaning services for risk mitigationRevised 04/23 1 [Departmental Use Only] TITLE CONTRACT FOR CLEANING OF TRANSITIONAL HOUSING UNIT 213 ASHLEY FOREST FY 2023-2024 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 5th day of September, 2023, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Federal Hill SP LLC dba SERVPRO of South Durham and Orange County, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Cleaning services for unit 213 Ashley Forest ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Revised 04/23 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priorit y in any conflict with or among the terms of such referenced documents, exhibits. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Revised 04/23 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): See attached documentation 4. Duration of Services a. Term. The term of this Agreement shall be from 9/5/23 to 9/30/23. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 9/30/23. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Five Thousand three hundred and ninety eight dollars and sixty four cents Dollars ($5,398.64). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Rachel Waltz) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Revised 04/23 4 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Revised 04/23 5 obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Revised 04/23 6 http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Revised 04/23 7 executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Rachel Waltz Amelia Jackson SERVPRO of South Durham and Orange County P.O. Box 8181 PO Box 14027 Hillsborough, NC 27278 Durham, NC 27703 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Revised 04/23 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ By: __________________________________ Amelia Jackson, Business Development Manager Printed Name and Title DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A County Manager Revised 04/23 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Federal Hill SP LLC Vendor Contact Person: Amelia Jackson Phone: 919-291-2535 Address: PO Box 14027 City Durham State: NC Zip: 27703 Department: OC Housing Amount: $5,398.64 Purpose: cleaning services for risk mitigation Budget Code(s): 10480020 630315 Vendor # Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 9/5/23 End Date 9/30/2023 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prio r to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A 9/14/2023 9/17/2023 9/18/2023 9/18/2023 Revised 04/23 10 DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-TORY LIMITSWC STATU- LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05)© 1988-2010 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD 10/12/2022 Herring & Bickers Insurance 2344 Operations Dr., Ste. 101 Durham NC 27705 Chrissy Andrews 919-479-9900 chrissy@herringbickers.com Federal Hill SP LLC dba SERVPRO of South Durham and Orange County 607 Ellis Rd., Ste. 50A & 50B Durham NC 27703 Erie Insurance Exchange 26271 Capitol Specialty Insurance Corporation 10328 A Q61-0146751 10/15/2022 10/15/2023 2000000 2000000 5000 2000000 3000000 3000000 A Q10-1540146 10/15/2022 10/15/2023 1000000 A Q34-1570822 10/15/2022 10/15/2023 5000000 5000000 A Y Q94-1501351 10/15/2022 10/15/2023 1000000 1000000 1000000 B Professional/Pollution Liability EV20210908-02 10/15/2022 10/15/2023 Occurence $2,000,000 Aggregate $5,000,000 . DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Page 1 of 6 Initials: _______ SERVPRO® of South Durham SERVPRO® of Orange County P.O. Box 14027, Durham NC 27709 contact@servprosouthdurham.com (919) 596-1242 CONTRACT TO DO WORK CUSTOMER: Orange County Housing- 23-0302-BIO CONTACT: Jackie Thompson/ 919.969.5081/ jthompson@townofchapelhill.org CONTRACT DATE: 8/4/2023 JOB ADDRESS: 213 Ashley Forest Drive, Chapel Hill, NC 27514 TERMS, CONDITIONS, AND PAYMENT Thank you for choosing SERVPRO® of South Durham and Orange County. We are looking forward to working with you on this project and on any other projects you may have in the future. If at any time during this project you have any questions or concerns, please feel free to contact your Project Manager Anthony Mitchell at 919.730.2579 at our office. SERVPRO of South Durham & Orange County is owned by Federal Hill SP LLC and operates throughout Durham, Orange, and surrounding counties. SERVPRO specializes in cleaning, restoration, and reconstruction. Our references agree that we stand apart from other water and fire reconstruction firms through our on -the- job experience at handling all sizes of reconstruction projects. SCOPE: • Set up, take down, and monitor all equipment. • Wear proper PPE (Tyvek, gloves, mask). • Air scrubber. • Remove all biohazardous debris from areas listed below. • 6-foot Ladder. • Dumpster place in parking lot. • Removal of all kitchen appliances. • Properly discard all debris. Kitchen: • Remove and discard all biohazardous covered debris found in kitchen. • Remove and discard all appliances found in kitchen. • Remove and discard all biohazardous covered debris found in cabinets. • Remove and discard all biohazardous covered furniture found in kitchen. • Remove and discard all biohazardous covered debris found on kitchen floor. Living room: • Remove and discard all biohazardous covered debris found in living room. • Remove and discard all biohazardous covered furniture found in living room. • Remove and discard all biohazardous covered textile flooring (i.e., rugs, carpeting, etc.) in living room. • Remove and discard all Biohazardous covered debris found on floor. DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Page 2 of 6 Initials: _______ Master Bedroom: • Remove and discard all biohazardous covered debris found in master bedroom. • Remove and discard all biohazardous covered furniture found in master bedroom. • Remove and discard all Biohazardous covered textile flooring (i.e., rugs, carpeting, etc.) in master bedroom. • Remove and discard all biohazardous covered debris found on master bedroom floor. • Content manipulation. Bedroom one: • Remove and discard all biohazardous covered debris found in bedroom one. • Remove and discard all biohazardous covered furniture found in bedroom one. • Remove and discard all Biohazardous covered textile flooring (i.e., rugs, carpeting, etc.) in bedroom one. • Remove and discard all biohazardous covered debris found on floor. • Content manipulation. Master Bathroom: • Remove and discard all biohazardous covered debris found in master bathroom. • Remove and discard all biohazardous covered debris found in cabinets. • Remove and discard all biohazardous covered furniture found in master bathroom. • Remove and discard all biohazardous covered debris found on master bathroom floor. • Remove and discard all biohazardous covered debris found in shower and tub. • Content manipulation. Bathroom: • Remove and discard all biohazardous covered debris found in bathroom. • Remove and discard all biohazardous covered debris found in cabinets. • Remove and discard all biohazardous covered furniture found in bathroom. • Remove and discard all biohazardous covered debris found on bathroom floor. • Remove and discard all biohazardous covered debris found in shower and tub. • Content manipulation. Hallways: • Remove and discard all biohazardous covered debris found in hallway. • Remove and discard all biohazardous covered furniture found in hallway. • Remove and discard all biohazardous covered textile flooring (i.e., rugs, carpeting, etc.) in hallway. • Remove and discard all biohazardous covered debris found on floor. • Content manipulation. Notes: This estimate is based on the reinspection on 8/3/2023 and is valid for thirty days. This estimate DOES NOT include reconstruction. All equipment for cleaning will be supplied by Servpro. All contents will be removed and discarded from the apartment. In the event odors persist we recommend an ozone treatment which is not included in this estimate. No people, animals, or plants can be present during the Ozone process. Work to be performed during our normal business hours. All personal belongings will be removed from affected area prior to cleaning process. Before our final departure we will give the home an ULV fogging. Cleaning results may vary pending the amount of soiling, the cause of soiling, th e type of surface DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Page 3 of 6 Initials: _______ cleaned, or the time elapsed. Our efforts will be thorough, but complete removal of soiling is never guaranteed. Total Estimated Cost: $5,398.64 Payment 100% is due upon completion. Payments shall be made to “Servpro of South Durham & Orange County” by check, Visa, or Mastercard. Credit card payments may be made by telephone through our office at (919) 596- 1242 or QuickBooks online. SERVPRO® is a nationwide Cleaning and Restoration Franchise System. The SERVPRO® Franchise Owner identified in this Contract, Federal Hill SP LLC, d/b/a Servpro of South Durham and Orange County (“Provider”) is an independent contractor who agrees to perform the services identified on the front of this Con tract (“Services”). Client agrees to purchase, receive, and pay for the Services pursuant to the terms and conditions of the Contract. Servpro Industries, Inc., the Franchisor, is not a party to any agreement with Client, is not a guarantor of the Provider’s Services, and is not subject to liability arising out of such Services. 1. Access & Prerequisites. Work may need to be completed in the crawlspace and indoor living space. Client shall secure pets so to allow Provider access. No pets or persons are allowed in the workspace while project is active. Client shall have all contents removed from crawlspace prior to Provider’s crew starting the cleaning. If Client fails to remove contents from crawlspace prior to Provider commencing work, Provider may charge client for the reasonable costs of moving the contents. 2. Waste. Provider will dispose of all waste from job site. 3. Change Orders. Any labor, materials, or other work beyond that identified in this Contract shall require a written amendment to this Contract and will result in additional charges to the Client. 4. Customization of Plans/Draws. Client and Provider expressly agree that Provider shall have the right, in its sole discretion, to customize construction plans and/or draws for any work to be performed under this Contract. 5. Provider’s performance of Services is limited by, among other things, the pre -existing conditions and characteristics of the premises, materials, fabrics, furniture, and/or other items. PROVIDER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PRE -EXISTING CONDITIONS. Client shall retain responsibility and shall be liable for all effects of and costs necessary to correct such conditions, including, by way of example and not limitation, the conditions identified below: (a) Provider may, in its sole discretion, pre-test materials for removability of spots or stains; dye or color fastness; shrinkage; fading; adhesive breakdown; or other problems. It is not always possible to determine these conditions in advance. PROVIDER DOES NOT GUARANTEE SPOT OR STAIN REMOVAL AND COLOR FASTNESS OR PREVENTION OF SHRINKAGE, FADING, OR ADHESIVE BREAKDOWN. (b) Provider DOES NOT GUARANTEE that wall and ceiling cleaning will restore the original color to painted surfaces. (c) Not all fabrics are conducive to cleaning. Provider shall use reasonable efforts to advise Client of any adverse effects which may be reasonably foreseen due to the nature of the fabric or material involved. DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Page 4 of 6 Initials: _______ PROVIDER DOES NOT GUARANTEE THAT SUCH MATERIALS CAN BE CLEANED OR THAT THERE WILL BE NO ADVERSE EFFECTS FROM ANY ATTEMPT TO CLEAN SUCH FABRICS. (d) A variety of materials are used in the manufacturing, upholstery and/or installatio n process. These materials include backing, lining, tacks, or other unknown substances that may cause discoloration or other adverse effects to the face material. Client acknowledges that it is impossible to determine when such adverse effects may occur and PROVIDER DOES NOT GUARANTEE AGAINST SUCH ADVERSE EFFECTS. (e) Client acknowledges and agrees that mold is commonly found throughout the environment and that it is impossible to eradicate mold. PROVIDER DOES NOT GUARANTEE THE REMOVAL OR ERADICATION OF MOLD. 6. Returned Check . If Client’s form of payment is returned for any reason by Client’s bank or other financial institution, Provider may charge a returned check fee of $50.00 or the maximum permitted by law plus attorney’s fees and all collection costs incurred as a result of the bad payment. Additionally, all future payments must be made in the form of acceptable funds as defined in the North Carolina Good Funds Settlement Act. 7. Late Payments. If Provider does not receive payment of the invoiced amount within five (5) days of the invoice date, late charges of 1.5% per month (or any portion thereof), or the maximum amount permitted by law shall be added to the balance due. 8. Delay. Provider shall be excused for any delay in completion of the Contract caused by acts of God, acts of Client/property owner (or owner’s agent), stormy weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, failure of Client to make payments promptly, or other contingencies unforeseen by Provider, or beyond the reasonable control of the Provider. 9. PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND ALL IMPLIED WARRANTIES (EITHER IN FACT OR BY OPERATION OF LAW) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILILTY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOM OR USAGE OF TRADE. THIS CONTRACT PROVIDES FOR THE PROVISION OF SERVICES AND DOES NOT PROVIDE FOR A SALE OF GOODS. 10. Limitation of Liability: IN NO EVENT SHALL PROVIDER, ITS OWNERS, ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, FRANCHISOR, OR AFFILIATES BE RESPONSIBLE FOR INDIRECT, SPECIAL, NOMINAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR ANY PENALTIES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF IT HAD BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE; OR FOR CLAIMS BY A THIRD PARTY. THE MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THREE TIMES THE AMOUNT PAID BY CLIENT FOR THE SERVICES OR ACTUAL PROVEN DAMAGES, WHICHEVER IS LESS. IT IS EXPRESSLY AGREED THAT CLIENT’S REMEDY EXPRESSED HEREIN IS CLIENT’S EXCLUSIVE REMEDY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Some states/countries do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you. DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Page 5 of 6 Initials: _______ 11. Should legal action be brought under the terms of this Contract or arise out of the performance of the Services, or should the matter be turned over for collection, Provider shall be entitled, to the fullest extent permitted under law, to reasonable legal fees and costs of collection, in addition t o any other amounts owed by Client. Consent is hereby given for filing of mechanic’s liens by Provider for the work described in this Contract on the property on which the work is performed if Provider is not paid. 12. Any claim by Client for faulty performance, for nonperformance or breach under this Contract for damages shall be made in writing to Provider within sixty (60) days after completion of Services. Failure to make such a written claim for any matter which could have been corrected by Provider shal l be deemed a waiver by Client. NO ACTION, REGARDLESS OF FORM, RELATING TO THE SUBJECT MATTER OF THIS CONTRACT MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CLAIMING PARTY KNEW OR SHOULD HAVE KNOWN OF THE CAUSE OF ACTION. 13. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder. 14. CLIENT AND PROVIDER EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS CONTRACT AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. 15. If any provision of this Contract is found to be ineffective, unenforceable or illegal for any reason under present or future laws, such provision shall be fully severable, and this Contract shall be construed and enforced as if such provision never comprised a part of this Contract. The remaining provisions of this Contract shall remain in full force and effect and shall not be affected by the ineffective, unenforceable or illegal provision or by its severance from this Contract. 16. No modification, termination, or attempted waiver of this Contract shall be valid unless in writing and signed by the party against whom the same is sought to be enforced. DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A Page 6 of 6 Initials: _______ CUSTOMER AUTHORIZED SIGNATURE I, ________________________________ (Authorized Customer’s Printed Name), have read this Contract to Do Work, acknowledge that this Contract includes a limitation of liability and limitations of remedies, and agree to the terms and conditions of this Contract. __________________________________________ _____________________ Print Company or Property Name Date __________________________________________ ___________________________________________ Customer’s Signature Title SERVPRO AUTHORIZED SIGNATURE __________________________________________ Amelia Jackson Business Development Manager DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A DocuSign Envelope ID: 7E0E3AD1-302D-470A-B19B-974A12A5061A