HomeMy WebLinkAboutItem No. 22 - Agreement with Servpro for Minor On-Call Construction and Repair Services22)Agreement with Servpro for Minor On-Call Construction and Repair Services
Approve and authorize the City Manager to execute the Contractor Services Agreement
with Servpro in an amount not to exceed $200,000.00 in such final form approved by the
City Attorney and authorize the City Manager to execute change orders not to exceed a
10% contingency of $20,000.00 for unanticipated costs.
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick DeSantiago, Public Works Manager
Date:November 14, 2023
Subject:Agreement with Servpro for Minor On-Call Construction and Repair Services
Recommendation
Approve and authorize the City Manager to execute the Contractor Services Agreement with
Servpro in an amount not to exceed $200,000.00 in such final form approved by the City Attorney
and authorize the City Manager to execute change orders not to exceed a 10% contingency of
$20,000.00 for unanticipated costs.
Background
Servpro provides professional and comprehensive restoration and cleaning services for property
damage caused by fire, water, mold, or other disasters. Servpro provides a wide range of services:
•Property Restoration – specializes in restoring properties that fire, water, storms, mold,
and other disasters have damaged. They have the expertise, equipment, and resources
to assess the damage, develop a restoration plan, and efficiently restore the property to
its pre-damage condition.
•Emergency Response – provides 24/7 emergency response services to address
immediate needs after a disaster. Their quick response helps mitigate further damage and
ensures the safety and security of the property.
•Water Damage – offers water extraction, drying, and dehumidification services to restore
properties affected by water damage. They use advanced equipment and techniques to
remove water, dry out affected areas, and prevent mold growth.
•Fire and Smoke Damage Restoration – specializes in fire and smoke damage restoration.
They clean up the soot, smoke, and residue left behind by fires, deodorize the property,
and repair or replace damaged materials.
Servpro Agreement for Minor On-Call Construction and Repair Services
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•Mold Remediation – provides professional mold remediation services to remove mold
colonies and prevent further growth. They identify the source of the mold, contain the
affected area, remove the mold, and restore the property to a safe and healthy condition.
•Cleaning Services – in addition to restoration services, Servpro offers professional
cleaning services for carpets, upholstery, air ducts, and other areas of the property. They
use industry-standard techniques and equipment to ensure a thorough and efficient
cleaning process.
Discussion
This On-Call Agreement will perform various On-Call repair and minor construction services. All
assigned work will be proposed in writing, reviewed by Staff, and approved before execution. This
Agreement is needed to ensure continued On-Call support for immediate operational demands
and minor construction projects.
Fiscal Impact
Funds are available in the City’s Fiscal Year 23/24 Annual Operating Budget.
Attachments
Attachment 1- Agreement
Exhibit A- Price Rate Sheet
Page 1
AGREEMENT FOR CONTRACTOR SERVICES
Servpro
ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of
November 14, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”)
and Servpro, a Corporation (the “Contractor”).
RECITALS
A.The City has determined that it requires the following services:
On-Call minor construction and repair services.
B.The City has prepared a request for a proposals and Contractor has submitted to City
a proposal, dated November 2, 2023, both of which are attached hereto as Exhibit A (collectively,
the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City
pursuant to the terms of this Agreement.
C.Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
1.Scope of Services. Contractor shall perform the services and related work described
in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the
time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction
of the City through its staff that it may provide from time to time. Contractor acknowledges that the
Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support
on an as needed basis.
2.Time of Performance.
a.Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b.Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work within the time period(s) established in the Contractor's Proposal (Exhibit
A). When requested by Contractor, extensions to the time period(s) specified may be approved in
writing by the City Manager.
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c.Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on November 14, 2023 and ending June 30, 2024. The City may, at
its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
(30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed Two Hundred
Thousand Dollars and Zero Cents ($200,000.00) without additional written authorization from the
City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4.Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such services
and related work were performed. Contractor's bills shall be segregated by project task, if applicable,
such that the City receives a separate accounting for work done on each individual task for which
Contractor provides services. Contractor's bills shall include a brief description of the services
performed, the date the services were performed, the number of hours spent and by whom, and a
description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45)
days after receipt of the monthly invoice by City staff.
5.Background Checks. At any time during the term of this Agreement, the City reserves
the right to make an independent investigation into the background of Contractor’s personnel who perform
work required by this Agreement, including but not limited to their references, character, address history,
past employment, education, social security number validation, and criminal or police records, for the
purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service
or pose a risk to the safety of persons or property in and around the vicinity of where the services will be
rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective
or then current personnel is deemed objectionable, then the City may notify Contractor of the same.
Contractor shall not use that personnel to perform work required by this Agreement, and if necessary,
shall replace him or her with a suitable worker.
6.Suspension or Termination.
a.The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a
portion of this Agreement, such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b.In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
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Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of
Payment" herein.
7.Plans, Reports, Documents
a.Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the course
of implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Contractor for such work, and the City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or to any other
party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents
and other writings to City upon written request. City shall have sole determination of the public’s
rights to documents under the Public Records Act, and any third-party requests of Contractor shall
be immediately referred to City, without any other actions by Contractor.
b.Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of expression,
including but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Contractor under this
Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing
that City is granted a nonexclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor
has the legal right to license any and all Documents & Data. Contractor makes no such
representation and warranty in regard to Documents & Data, which were prepared by design
professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any
way in its use of the Documents & Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
c.Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance of
this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written
consent of City, use such materials for any purposes other than the performance of the services
under this Agreement. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the services under this Agreement. Nothing furnished to Contractor, which
is otherwise known to Contractor or is generally known, or has become known, to the related industry
shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating
to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's
services under this Agreement in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
8.Contractor's Books and Records.
a.Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor to this
Agreement.
b.Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer period
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required by law, from the date of termination or completion of this Agreement.
c.Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business hours,
upon written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City Hall
when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records
shall be available at Contractor's address indicated for receipt of notices in this Agreement.
d.Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may,
by written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such records
and documents shall be granted to any party authorized by Contractor, Contractor's representatives,
or Contractor's successor-in-interest.
9.Independent Contractor.
a.Contractor is and shall at all times remain as to the City a wholly independent
contractor pursuant to California Labor Code Section 3353. The personnel performing the services
under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive
direction and control. Neither City nor any of its officers, employees, or agents shall have control
over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set
forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of
its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever
against City, or bind City in any manner.
b.Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby agree
to waive any claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any
contribution to be paid by City for employer contribution and/or employee contributions for PERS
benefits.
10.PERS Eligibility Indemnification. In the event that Contractor or any employee, agent,
or subcontractor of Contractor providing services under this Agreement claims or is determined by
a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to
be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend,
and hold harmless City for the payment of any employee and/or employer contributions for PERS
benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
11.Interests of Contractor. Contractor (including principals, associates and management
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Contractor's services hereunder. Contractor further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
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Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a.will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and direction
of the City or of any City official, other than normal agreement monitoring; and
b.possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
12.Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement. All
work performed by Contractor under this Agreement shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
13.Compliance with Laws.
a.Contractor shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder, including any rule, regulation or bylaw governing the
conduct or performance of Contractor and/or its employees, officers, or board members.
b.Contractor represents that it has obtained and will maintain at all times during
the term of this Agreement all professional and/or business licenses, certifications and/or permits
necessary for performing the services described in this Agreement, including a City business license.
14.Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor
to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance and approvals which are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Lake Elsinore business license.
15.Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims
for damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
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16.Insurance Requirements .
a.Insurance. Contractor, at Contractor's own cost and expense, shall procure
and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following
insurance policies.
i.Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with
the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation
or non-renewal of all Workers' Compensation policies must be received by the City at least thirty
(30) days prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance
and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of
California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
Insurance in a form approved by the City Attorney.
ii.General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage. If a commercial general liability insurance
form or other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general aggregate limit
shall be at least twice the required occurrence limit. Required commercial general liability coverage
shall be at least as broad as Insurance Services Office Commercial General Liability occurrence
form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability. No endorsement may be attached limiting the
coverage.
iii.Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Agreement, including
coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars
($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1
("any auto"). No endorsement may be attached limiting the coverage.
b.Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language :
i.Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
ii.This policy shall be considered primary insurance as respects the City,
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its elected or appointed officers, officials, employees, agents and volunteers. Any insurance
maintained by the City, including any self-insured retention the City may have, shall be considered
excess insurance only and shall not contribute with it.
iii.This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability of the
insuring company.
iv.The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or
volunteers.
vi.The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been
received by the City.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein. Certificates
of such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during the
term of this Agreement.
17.Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the
other party at the address set forth below. Notice shall be deemed communicated within 48 hours
from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Servpro of Chino/Chino Hills
Attn: Christopher Brogdon
13885 Redwood Ave.
Chino, CA 91710
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18.Assignment and Subcontracting. The parties recognize that a substantial inducement
to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.
Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be
permitted only with the express consent of the City. Contractor shall not subcontract any portion of
the work to be performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions
of those subcontractors. Nothing in this Agreement shall create any contractual relationship between
City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see
to the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
19.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20.Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
21.Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable
to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party shall have the option
to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall
hear the dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
22.Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed
to pay any company or person, other than a bona fide employee working solely for Contractor, any
fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall have
the right to rescind this Agreement without liability. For the term of this Agreement, no member,
officer or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23.Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24.Prevailing Wages. Contractor is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section
16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and
the performance of other requirements on "public works" and "maintenance" projects. Contractor
agrees to fully comply with all applicable federal and state labor laws (including, without limitation,
if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work
or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-
payment of prevailing wages under California law, and Contractor hereby agrees to defend,
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indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26.Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
27.Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that
the individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party. The City Manager is authorized to enter into an
amendment or otherwise take action on behalf of the City to make the following modifications to the
Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope
of services; and/or (d) suspend or terminate the Agreement.
28.Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29.Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written, are
superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal
is incorporated only for the description of the scope of services and/or the schedule of performance and
no other terms and conditions from such proposal shall apply to this Agreement unless specifically
agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained
in the Contractor’s Proposal.
30.Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Servpro of Chino/Chino Hills , a Corporation
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City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Christopher Brogdon
Its: Estimator
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
Teom Brogdon
Serving the Greoter lnlond Empire
CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING
CODE RATE/HR
AA Administrotive Assistont $85
PA Project Auditor (Documentotion Clerk)$90
MS Mobilizotion Support $ 100
TD Truck Driver
HSO Heolthy ond Sofety Officer s1 15
RCO Resource Coordinotor (Supply Technicion)$115
DMT Demolition Technicion $1 19
Lobor Foremon $1 20
EO Equipment Operotor $1 25
$122
RS Restorotion Supervisor $122
DT Dehumidificotion Technicion $122
MT Mold Technicion (Remediotion Technicion or Supervisor)$122
$1 1s
Drywoll lnstoller/Finisher $125
Corpenter (Fromer/Finish)$1 25
Trode Foremon (Commerciol Supervisor)$ 125
$1 15
Technicion Speciolist $122
Teom Leoder $122
TMR Technicion, Mochinery Rebuild $122
Hozmot/Asbestos Technicion $1 15
HLT
HS
Hozmot/Asbestos Leod Technicion
'Asbestos
122
$122
HPM Hozmst/Asbestos Project Monoger $135
HEO Hozmot/ Asbestos Equipment Operotor $1 25
APM Assistont Project Monoger $1 1s
Project Estimotor $117PM Proiect Monoger $127
$1 33
coc Outside Consuhonts Actuol Billing + 10%
The guidelines for lobor invoicing ore os follows: The first eight hours worked on ony scheduled shift Mondoy through Fridoy will be chorged ot the
regulor hourly rote. Any hours worked in excess of eight hours on ony scheduled shift Mondoy through Fridoy will be chorged ot 1.5 times the
regulor hourly rote. All hours worked on Soturdoy ond Sundoy will be ot 1.5 times the regulor hourly rote. All hours worked on Holidoys will be
chorged ot 2 times the regulor hourly rote. OT opplies to oll lsbor clossificotions regordless if solory or houdy.
AFIER HOURS E,I,ERGE,VCY SERWCES.. IN THE EWNT IHAT SERIP,IRO PERSOA,A,EL ARE REQUIRED FOR ETIERGENCY SERWCES AFTER
NORMAL SERVPRO AUSTTVESS TTOURS (WEEKDAYS 5:(N P.N. - 7:{N P.M.), 1.5 IIMES THE REGIILAR HOaIRLY RAIE WLL BE CHAROED.
Revised 07l2O23
Clossificntions:
$9s
Generol Lobor $111
Restoration Services IAI! subiect to OT). See Pase 9 for Prime Area Labor Conditions.
Category:Rate:Prime Area Labor Rate:Unit:
Project Coordinator s14s.00 s150.00 Per Hour
Sr. Project Manager s12s.00 Sr+o.oo Per Hour
Project Manager s110.00 s130.00 Per Hour
Health & Safety Officer Sgo.oo s100.00 Per Hour
Remediation Supervisor Saz.oo s110.00 Per Hour
Technical Specialist Sss.oo s107.00 Per Hour
Assistant Project Manager s8s.o0 s10s.00 Per Hour
Restoration Su pervisor Sso.oo Sgo.oo Per Hour
Content I nventory Supervisor s7o.oo s7e.s0 Per Hour
Remediation Technicia n S6e.oo s82.oo Per Hour
CDL Driver s68.oo Ses.oo Per Hour
Restoration Tech n icia n Sos.oo Szs.oo Per Hour
Resou rce Coord i nator/Supply Supervisor Sos.oo Szz.oo Per Hour
Skilled Labor SsE.oo Szo.oo Per Hour
Project Clerical Administrator Ssz.oo Sso.oo Per Hour
General Labor s3e.7s Ssz.zs Per Hour
Management Fee * (See Page 11)S+.oo s4.00 Per Hour
Project Consultant/Estimator ** (See Page 11)s100.00 s100.00 Per Hour
Reconstruction Services {All subiect to OTl. See Page 9 for Prime Area Labor Conditions.
Category:Rate:Prime Area tabor Rate:Unit:
Reconstruction Sr. Project Manager s130.00 slso.oo Per Hour
Welder s128.oo s13s.00 Per Hour
Electrician s12s.00 Srgg.zs Per Hour
Roofer s120.00 s167.s0 Per Hour
HVAC Mechanical Srzo.oo s148.2s Per Hour
Plumber s11s.0o S160.2s Per Hour
Reconstruction Su perintendent S9s.oo s10s.00 Per Hour
Carpenter/Fra mer ss2.o0 s101.00 Per Hour
Drywaller/Finisher Sso.oo s118.oo Per Hour
Brick Mason s7s.00 Sgo.oo Per Hour
Tile/Flooring lnstaller s78.oo s87.s0 Per Hour
Painter s77.00 s8s.o0 Per Hour
Equipment Operator 576.00 ss0.oo Per Hour
lnsulator 5oo.oo s67.oo Per Hour
January 2023 Page 1- of 13 lnitial:
.$*
Time ond Moteriols Commerciol Pricingru
1 -goo-sERvPRo ( { -800 -7 37 -g77 6'
Schedule A: Labor
Clei
All Surface Green Clean s3.63 Gallon a
All Surface Green Clean 5ss.88 Gallon a
Benefect Decon 30 587.70 Gallon a
Benefect Disinfectant S99.19 Gallon a
Benefect Disinfectant Wipes 576.2o 250 ct a
BioBlast s139.71 Gallon o
BioBlast S13.91 Gallon a
Bright-N-Neutral Cleaner 52.18 Gallon a
Bright-N-Neutral Cleaner 540.s2 Gallon a
Carpet and Upholstery Green Clean ss.2o Gallon o
Carpet and Upholstery Green Clean S82.49 Gallon a
CitraSolvent S115.40 Gallon o
Citrus Deodorizer, Water-Based s6.17 Gallon o
Citrus Deodorizer, Water-Based ss2.62 Gallon a
Coil Cleaner 52r.77 Aerosol/Can a
Concrobium @ Disinfectant s70.16 Gallon a
Defoamer 566.89 Gallon a
Duct Sealer S9s.2o Gallon a
EASYDECON DF2OO S2o8.os Kit o
EnviroShield" odor and stain Blocker
(Clear/White)s381.02 5 Gallon Pail o
Extreme Laundry Detergent S60.48 9 lb. pail a
Extreme Laundry Detergent S209.99 35lb pail o
Fire Sta r 57e.9s Gallon a
Fire Star S1o.04 Gallon a
Flame Stop $99.ss Gallon a
Furniture Polish 518.25 Aerosol/Can a
Glass Clea ner, M ulti-Purpose S8.9s Aerosol/Can a
Glass Cleaner, Ready-To-Use S23.3s Gallon a
Glass cleaner, Super Concentrate 591.32 Gallon a
Heavy Duty Degreaser S3.7s Gallon a
Heavy Duty Degreaser s40.s2 Gallon a
Husky 815 HCD Disinfectant s139.71 Gallon a
lndustrial Cleaner S3.39 Gallon a
lndustrial Cleaner 5s4.67 Gallon a
Lemon Fresh Deodorizer $3.3s Gallon a
Lemon Fresh Deodorizer S83.70 Gallon a
Lemon Oil Polish S70.64 Gallon o
Liquid Emulsifier ss3.34 Gallon a
Powdered Emulsifier S82.4e Gallon o
Pre-Spray & Traffic Lane Cleaner S4.48 Gallon o
Pre-Spray & Traffic Lane Cleaner s71.49 Gallon a
January 2023 Page 2 of 13 lnitial:
Schedule B: Consumables
Consumables Desctiption:Rate:Unit:Concentrate;
Ready to
Use:
Rusticide $3s.s6 Quart a
SERVPRO Green 527.s8 Gallon a
SERVPRO Green 52.05 Gallon a
SERVPRO Orange 5s4.43 Gallon a
SERVPRO Orange S3.39 Gallon a
SERVPRO Orange Plus 573.79 Gallon a
SERVPRO Orange Plus s4.60 Gallon a
ServprOXlD E S6s.92 Gallon a
Shampoo Super Concentrate S3.21 Gallon o
Shampoo Super Concentrate Sao.os Gallon o
Smoke Deodorizer 5147.93 Gallon a
Smoke Deodorizer 54.72 Gallon a
Solvent Additive s110.07 Gallon a
Solvent Additive S5.89 Gallon a
Sporicidin 576.08 Gallon o
Stainless Steel Cleaner S 15.21 Aerosol/Can o
Stone and Porcelain Cleaner s4s.50 Gallon a
Stone and Porcelain Cleaner s2.eo Gallon a
Tile & Grout Cleaner 53e.07 G a llon a
Tile & Grout cleaner $2.42 Gallon a
Ultra Content cleanER 567.2s Gallon o
UItra Content CleanER 54.23 Gallon a
Ultrasonic Cleaning Agent 5s8.67 Gallon a
Ultrasonic Cleaning Agent 53.63 Gallon a
Upholstery/Drapery Solvent, Heatable 574.Ls Gallon o
Vanquish (cannot be used in California)s63.38 Gallon a
Vanquish (Cannot be used in California)s1.21 Gallon a
Wall and All Plus s62.s0 Gallon a
Wall and All Plus S3.99 Gallon a
Wall and All Surface Cleaner Ss4.19 Gallon a
Wall Rinse 5s6.8s Gallon a
Window Green Clean S2s.16 Gallon O
Wintergreen Deodorizer s6s.08 Gallon o
Wintergreen Deodorizer 54.s4 Gallon a
January 2023 Page 3 of 13 ln itia l:
Schedule B: Consumables
Consumables Descriptioni Rate:Unit:Concentrate:
Ready to
Use:
Cleanins/Disinfectant (continued)
Containment
Eco Board Floor Protection 38" x 100'- Roll 5147.4s Each
Floor Protection 15" x 1,100'- Roll 528L.72 Each
Plastic Sheeting .31 mil - 12' x 400' - Roll 5s9.94 Each
Plastic Sheeting 4 mil - 20' x 100' - Roll 51s9.44 Each
Plastic Sheeting 6 mil - 20' x 100'- Roll 5269.73 Each
Plastic Sheeting 5 mil - Fire Retardant 20' x 100'- Roll S396.80 Each
Plastic Sheeting Hangers - Blue S611.39 Case
Contents
Box - Large s6.s9 Each
Box - Legal Size (1.2 cubic feet)S7.19 Each
Box - Medium Ss.59 Each
Box - Small ss.oe Each
Foam / Wood Blocks S83.e2 Box
Moving Blankets Ss.4o Each/Use
Packing Paper (26" x 24" - 140 ct - recycled)s47.93 Box/501b
Tacky Mats 37" x 26" PAD/30 51s3.4s Each
Tarp (per square ft)S0.56 Each
Wrap - Bubble 72" x 125"S47.88 Roll
Wrap - Shrink 16" x 1500's3s.96 Roll
Filters
Filter - Activated Carbon 500 cfm s8s.43 Each
Filter - Air Scrubber 500 cfm - HEPA 5277.L6 Each
Filter - Air Scrubber 500 cfm - Secondary s20.09 Each
Filter - Air Scrubber 500 cfm - Prefilter Su.60 Each
Filter - Air Scrubber 1000 cfm - HEPA s299.70 Each
Filter - Air Scrubber 1000 cfm - Prefilter S10.67 Each
Filter - Air Scrubber 1000 cfm - Secondary 516.42 Each
Filter - Air Scrubber 2000 cfm - HEPA s393.90 Each
Filter - Air Scrubber 2000 cfm - Prefllter S7.ss Each
Filter - Air Scrubber 2000 cfm - Secondary per 12 pack S160.47 Each
Filter - Actlvated Carbon 2000 cfm s209.31 Each
Filter - Back Pak Vacuum Kit S4o.s2 Each
Filter - Desiccant Dehumidifier - 5000 cfm S16.66 Each
Filter - Refrigerant Dehumidifier - 754 537.76 Each
Filter - U pright Vacuum 54.2O Each
Filter - Wet/Dry Vacuum, non-HEPA 527.sL Each
Filter Material, Poly Rolled Medium 547.72 Box
Vacuum Cleaner Bags S21.10 Pa k/L0
Vacuum Cleaner Bags - Back Pack HEPA s43.16 P a k/10
Vacuum Cleaner Bags - Canister HEPA 530.s7 Pak/6
January 2023 Page 4 of 13 lnitial:
Schedule B: Consumables
Consumables Description:Rate:Unit:
Carpet Protection Film 2'x 200'S9s.66 Each
Cleaning Rags S7.13 Per lb.
Cleaning Towel 5L2.71.Dozen
Cleaning Towel (Microfiber)5s3.es Dozen
cotton Mop Head 519.18 Each
Dusting Cloth - Masslin treated S53.90 50/Bag
Lay Flat (Roll - 250'x 14")s143.86 Each
Lay Flat (Roll - 500'x 33")5839.15 Each
Rayon Mop Head 522.23 Each
Shoe Covers s116.28 1.50/Case
Sponge Dry Clean Szzt.tt 48/Case
Trash Bags - Contractor 3 mil Ss9.94 Box 50
Trash Bags - Environmental 6 mil $s9.94 Box 20
Wall Zippers (2 pack)S36.s6 Each
Zipfies 74" - lndustrial 52s.83 Pak/20
Zip Ties 35" - lndustrial 54r.24 Pak/10
Zip Ties 48" - lndustrial Sss.44 Pak/10
SafeW
Gloves - Chemical Resistant S98.78 Dozen
Gloves - Leather Safety/Work S11s.08 Dozen
Gloves - Nitrile/Latex S41.96 Box/100
Hea ring Protectaon 529.37 20/box
Respirator - Full or Half Mask S3o.oo Each
Respirator - N 95 57.s0 Each
Respirator Cartridges - Ammonia S29.so Each
Respirator Cartridges - Organic s27.s0 Each
Safety Goggles (Chemical Splash)522.66 Each
Safety Glasses $6.00 Each
Safety Vest/Hard Hat Combo ss.oo Each
Tyvek (Bio-Shield Coveralls)s23.e8 Per Suit/Exchange
Spray Adhesives s28.2s Aerosol/Can
Tape - Caution 3" x 1000' HDX S19.70 Roll
Tape - Duct - 2" x 50 yrds.S13.19 Roll
Tape - HVAC 2" x 50 yrds.Szs.tt Roll
Tape - Painter (Blue) 2" x 50yrds.S1s.78 Roll
Tape - Poly/Box - 2" x 109 yrds.se.7s Roll
January 2023 Page 5 of 13 lnitia l:
Schedule B: Consumables
Consumables Description:Rate:Unit:
Miscellaneous/General
Tapes/Adhesives
Unit:
Air Compressor - Portable s40.00 Each/Day
Air Mover - Axial s42.00 Each/Day
Air Mover - Carpet S3o.oo Each/Day
Air Scrubber - 2000 cfm s15s.00 Each/Day
Air Scrubber - 1000 cfm s128.00 Each/Day
Air Scrubber - 500 cfm S9o.oo Each/Day
Blast/Power Wash Units
Electrostatic Sprayer s12s.00 Each/Dav
Fogger/Macromist s60.00 Each/Day
Fogger/Thermal s140.00 Each/Day
Media Blasting Machine S47s.oo Each/Day
Pressure Washer - Hot s180.00 Each/Day
Cleaning/Vacuum Extraction
Ca nister HEPA Vac s12s.00 Each/Day
lnsulation Vacuum S3s7.so Each/Day
Orbital Floor Machine S46.7s Each/Day
Portable Carpet Machine S3 s7.so Each Day
Portable Dry Cleaning Machine s3s7.s0 Eachl Day
Portable Extractor s225.00 Each/Day
Portable Fuel Cells 527.so Each/Day
Pump - Sump (Gas)s17s.00 Each/Day
Pump - Trash (2" to 4")Slso.oo Each/Day
Truck Mount Carpet/Extraction Machine S522.so Each/Day
Rover Extraction Unit s220.00 Each/Dav
Ultrasonic Cleaning Machine s412.s0 Each/Day
Vacuum - Upright Vacuum Cleaner s25.2s EachT Day
Vacuum - Back Pack, HEPA i85.00 Eachr Day
Vacuum - Wet/Dry S5s.oo Each/Day
Vapor Shark S84.1s Each/Day
Drvinq Equioment
camera - lnfrared/Thermal lmaging s1s0.00 Each/Day
Dehumidifier - Large Commercial (76 and over PPD)Slso.oo Each/Day
Dehumidifier - Medium Commercial (75 and under PPD)S125.oo Each/Day
Desiccant - 1,000 cfm s795.00 Each/Day
Desiccant - 3,000 cfm s1.3s0.00 Each/Day
Desiccant - 5,000 cfm S1,775.00 Each/Day
Desiccant - 7,500 cfm s2,1s0.00 EachT 'Day
Desiccant - 10,000 cfm 52,77s.0o Eachr 'Day
Desiccant - 15,000 cfm s4,400.00 Each/,Day
s2,860.00 Each/Day
Oesiccant Ooo, Xit - l/one time charge S3so.oo Per Opening
Dry Force lnjectidry (Wall Cavity)145.00 Each/Day
OXUnit-1Ton ;302.50 Each/Day
DX Unit - 10 Ton s1,100.00 Each/Day
DX Unit - 25 Ton S1,37s.oo Each/,Day
Flex Duct 527.so EachT rDay
rem po ra rEgq! 1!9!299!j s82s.00 Each/Day
Temporary Heat: 200k-300k BTU S 1,15s.00 Each/Day
remporary Heat: 30Q!11!!!qf!l s1,37s.00 Each/Day
January 2023 Page 5 of 13 lnitial:
Schedule C: Equipment
Equipment Description:Rate:
Air Mover/ComDressor
Unit:
HVAC
HVAC Cleaning Package (* *)s616.00 Each/Day
Video lnspection s300.00 Each/Day
Odor Control
Airless Sprayer s12s.00 Each/Day
Hydroxyl S220.oo Each/Day
Ozone Generator - Activated Oxygen s132.00 Each/Day
Power
Cable - 100 ft.S38.so Each/Day
Cable - 50 ft.s3o.2s Each/Day
Cable Ramps S17.ss Each/Day
Generatorcable-5Band 582.so Each/Day
Generator - 20kW s410.00 Each/Day
Generator - 35kW 5s99.s0 Each/Day
Generator - 5okw 5797.so Each/Day
Generator - 100kW s91s.00 Each/Day
Generator - 150kW S1,1oo.oo Each/Day
Generator - 200kW s1,3oo.oo Each/Day
Generator - 300kW S1,sso.oo Each/Day
Generator - 500kW s2,500.00 Each/Day
Generator - 1,000kW Ss,soo.oo Each/Day
Generator - Portable S17s.oo Each/Day
Power Distribution, 100-200 Amp S143.oo Each/Day
Spider Box (With Cable)S7s.oo Each/Day
safeUsite Services
DocuSketch'" or Matterport'" lmaging Cameras s300.00 Each/Day
Demo Carts S2o.oo Each/Day
Floor Scraper - Electric s12s.00 Each/Day
Lighting - 100' String Lights S2s.oo Each/Day
Lighting - 50'String Lights 516.00 Each/Day
Lighting - Demo Lights S2s.oo Each/Day
Lighting - Tower Mobile Slss.oo Each/Day
Lighting - Wobbles $43.s0 Each/Day
Lock-Out/Tag-Out Kit S2s.oo Each/Day
Personal Fall Protection (With Lanyard)512.00 Each/Day
Scaffolding, Bakers (Per Section)542.s0 Each/Day
Trailers/Vehicles
Golf Cart/Gator Sso.oo Each/Day
Vehicle - Auto/Pick-up S12s.oo Each/Day
Vehicle - Box Truck s17s.00 Each/Day
Vehicle - Cargo/Passenger Van s12s.00 Each/Day
Vehicle - Mobile Command Center 5s00.00 Each/Day
Vehicle - Onsite Recovery Trailer (53')5300.00 Each/Day
Vehicle - semi-Tractor S3so.oo Each/Day
Vehicle - Trailer s12s.00 Each/Day
January 2023 Page 7 of 13 lnitial:
schedule C: Equipment
Equipment Description:Rate:
Adjustable
Wrenches/Pliers Extension Cords
Mobile Office Equipment
(Laptops, Monitors, Printers,
Scanners, Tablets, etc.)
Smocks, Vests and T-
Shirts
Bar - Flat Pry Fire Extinguishers Spray Bottles/Triggers
Earrel Pumps First Aid Kits Squeegees
Blades (Replacements)Flash Lights Moisture Meters Staple Guns
Bolt Cutters Fuel Cans
Mop Buckets, Handles and
Wringers
Tables
Brooms Funnels 02 Meters Tape Gun
Brushes (All types)Gang Boxes Pallet Jacks (All types)Thermo Hygrometer
Buckets (All types)Generator Aux. Adapter Power Hand Tools Tool Box
Bulbs (Replacements)GFI Scraper Pump Sprayers (All types)Tool Kit (Mechanical)
Cell Phones Hammers Putty Knife Trash Barrel
Chains/Locks Hand Sanitizer
Repair Kit - Hose, Airless,
Electric
Two Way or Portable
Radios, Communication
DevicesChain Saws Hog Rings Rope 50" (Nylon, Hemp)
Chairs lce Chests Roto Zips Unger Poles
chalk/chalk Line lnventory Tags Sanders Utility Knives
Demo Tools Ladders (All sizes)Saws (All types)Wheelbarrows
Dolly/Hand Truck
Laundry cost for reuse of
rags will be paid at cost
plus 10%.
Screw Drivers
Drills/Drill Bit Set Scrapers
Electric Heaters < 15kw Shovels
January 2023 Page 8 of 13 lnitial:
Schedule c: Equipment
Small Tools (See paee 9l
Labor Clarsifications and Rates - listed on Page 1 apply to personnel engaged to provide services. Whether regular full-
time employees of SERVPRO franchisees, temporary labor engaged directly by SERVPRO franchises or personnel secured
a labor service or vendor source. We reserve the right to revise any ofthe rates herein upon written notice when
proiect is affected by market conditions beyond our control and/or availability, during large national and region-wide
extraordinary events, as declared by Servpro lndustries. These include, but are not limited to: epidemics, pandemics,
storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes.
Standard Rates - the rates on Page 1 are "standard rates" and apply during a standard 8-hour work day, Monday through
Friday. Donningand doffing PPEand any necessary personnel decontamination will be charged actualtime.
Overtime Rates - will be billed for all labor classifications at the rate of 1.5 times the standard rate per hour for work
performed on the same project in excess of 40 hours per week , or 8 hours per day and on weekends, as required by
applicable law. Hours worked by personnel on the following holidays will be charged at 2 times the standard rate: New
year's Day, Easter, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas
Eve and Christmas Day. lf a state or local authority imposes more stringent overtime requirements, including holidays,
those will apply. Other than performing Emergency Services, overtime must have adiuster approval.
- time for all personnel including, without limitation, managers, crew, labor subcontractors and other
will be billed portalto portal (office/warehouse to job siteand return) atthe rates set forth above. Witha
natlonwide network, we will attempt to mobilize qualified personnel and equipment as near to the loss site as we
Client is also responsible for the mobilization and return costs of vehicles, equipment and trailers over 75 miles one
- When circumstances beyond our control require personnel and/or equipment to be delayed from beginning or
work, the rates herein per hour will be charged for personnel and equipment, with a minimum of 6 hours for
personnel, and all labor associated fees will apply.
prime Area Labor Rates - will be applied to projects within 75 miles from the center of the following areas: Chicago,
Minneapolis, New York City, Washington, D.C. and within the entire states of Alaska, California, Colorado, Hawaii, Oregon,
Washington and U.S. Territories. Prime Area Labor Rates may also apply during large national and region-wide
extraordinary events, as declared by Servpro lndustries. These include, but are not limited to: epidemics, pandemics,
storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes. Where labor availability is compromised
and/or due to market conditions beyond our control. ln the event where the above Prime Area Labor Rates are applied.
The client will be notified in writing immediately.
and Union Wates - Labor is subject to prevailing wage, unionized labor and extraordinary local labor
ln such events, General Labor will be charged at presented invoice plus 35% or standard labor rate, whichever
Tools Charge - of 3% applies to all labor of Supervisor and below that are assigned to the project full time and
includes all listed items on Page 8.
Subcontracted General Labor - includes outside labor services provided as needed for the scope of the project and will be
charged at the rates above , plus all other applicable labor billable items including, but not limited to, per diem, small
vehicles, mileage, lodging, as set forth herein and as applicable to the project.
and Licensed Trades - include but are not limited to electrical, plumbing, mechanical, roofers, engineers,
and other specialty trades, and will be charged at presented invoice plus 10% overhead and loo/. ptofit.
officers - shall be charged as needed for the project and upon notification to client.
January 2023 Page 9 of 13 lnitial:
Labor Conditions:
Project Coordinator - coordinates activities and assignments of designated projects to ensure that goals and objectives
specified for the projects are accomplished. Job Responsibility Examples: Ensure Corporate Reporting (CI-LD); Review
Project Burn Reports; Review status ofiobs in progress; inspect all projects in progress; assist wlth project scope and
estimate as necessary; meet with Adjuster/Consultant/lnsured to review progress and provide dispute resolution and job
site inspections and all appropriate permits are in place, if applicable.
. Project Manager - for extremely large projects requiring multiple Proiect Managers, a Senior Project Manager draws
responsibilities with the materially interested parties away from the PMs, so they can better focus on task
and documentation of their assigned project. Job Responsibility Examples: Job site inspection; prepare daily
orders; morning meeting with PM's; oversee morning line-up; meeting with Project Clerical Administrator to review
previous days paperwork and ensure insurance company receives proper documentation; meeting with
tnsu red/Adjuster/Consultant to review progress; troubleshoot issues as necessary; complete daily checklist and iob diary;
review end of shift paperwork with APM for accuracy; daily meeting with Pc; and ensures daily reporting to all
Proiect Manager - directs all operations of a designated project and provides the primary single point of contact for all
materially interested parties. The PM is accountable for the proiect's execution and completion. Job Responsibility
Examples: Jobsite inspection; prepare Daily Work Orders; morning meeting with APM, HsO & RC; oversee morning line-
up; meet with Project Clerical Administrator to review previous day's paperwork and ensure insurance company receives
proper documentation; meet with lnsured/Adjuster/Consultant to review progress; troubleshoot issues as necessary;
complete Daily Checklist and lob Diary; review end-of-shift paperwork with APM for accuracy; daily meeting with PC and
ensures daily reporting to all stakeholders.
Health & Safety Officer - identifies, evaluates, and implements policy a nd procedures that affect health and safety
aspects for all personnel on the jobsite. Job Responsibility Examples: Morning meeting with PM; morning Safety Meeting
line-up; continuous site inspections for safety infractions; ensure all safety boards are in place and satisfy all SERVPRO
rds; incident reports as necessary; OSHA inspections as necessary; job site safety training, as necessary.
Remediation Supervisor - supervises the General Laborers (GL) to maintain quality production but does not participate in
physical completion of tasks, other than training and coaching the General Laborers performing the work.
'echnical Specialist - handles specific specialty restoration services or tasks, such as thermal imaging or 3D geospatial
scans of a structure and is a technical advisor in specialty restoration services.
Assistant project Managet - executes the production plan (based on work orders and the direction of the Project
Manager) by coordinating Restoration Supervisors (RS) and labor while assuring safety compliance and quality of
production. Job Responsibility Examples: Job site inspection with PM; morning meeting with Restoration Supervisors;
issue Daily Work Orders; morning line-up; on-going quality inspections; end-of-shift meeting with Restoration Supervisors;
daily paperwork and review for accuracy; review end-of-shift paperwork with PM.
January 2023 Page 10 of 13 lnitial:
Restoration Services Labor Descriptions:
Restoration Supervisor- supervises all la bor classifications to ensu re quality production butdoesnot participate in the
physical completion of tasks, other tha n training and coach ing the those performing the work.
Content lnventory Supervisor - is responsible for tracking and documenting all aspects of the contents handling and
processing on a project. This supervisor will manage teams within the structure/proiect and audit documentation and
reports and provide them on a daily basis for the proiect file.
Remediation Technician - performs skilled production tasks and has training to work in specialized environments which
may require additional PPE, safety gear. and communication techniques.
CDL Driver - is responsible for transportation involving vehicles that require CDL license.
Restoration Technician - performs skilled restoration tasks.
Resource Coordinator/Supply Supervisor - identifies, negotiates and secures needed resources including labor,
equipment, and subcontractors. Job Responsibility Examples: Mornlng meeting with PM; purchase subcontractor services
as requested by PM; issue purchase orders as requested by PM; oversee subcontractor services; Seneral site services
oversighu evening meeting to review daily paperwork with PM.
Labor - has developed expertise through project experience such as boarding up structures, the building
walls, erecting containment, and making precision cuts to building materials. This may also include the
of specialty equipment (i.e. power tools, forklifts, and specialty restoration equipment) and work performed at
high risk or helght and providing specialized content packing and handling.
Project Clerical Administrator - coll€cts, compiles and validates all documentation and financial information for the
project. Job Responsibility Examples: attending the morning meeting with PM to review previous day's paperwork; data
entry for all paperwork into Time and Materials Management (T&M) Software; reconcile invoices to tickets.
General Labor - perform labor tasks and are capable of using basic hand tools
Management Fee - is charged for supervising and training labor provided by the customers employee pool. At times we
are asked or required to utilize the customers employees to utilize certain task and this fee is a per employee supervisor
fee.
Project Consultant/Estimator - may be billed at the request or the invitation of a customer/client to provide consulting
including detailed estimates on third party projects.
)anuary 2023 Page 1l of 13 lnitial:
Restoration Services Labor Descriptions:
Client will be notified of non-scheduled consumables needed for the project, which will be charged at presented invoice
plus 10% overhead and 10% profit.
We may add additional consumables, materials and corresponding rates to this schedule as needed for individual projects
upon written notice which will be charged at presented lnvoice plus 10% overhead and 10 % profit.
Daily Rate - is charged for each calendar day equipment is utilized on a project, whether partial or full day.
quick Pay Oiscount - for full payment made within 30 days of invoice applies as follows:
o Weekly rate of the first 5 consecutive days of the same week (no charge for last 2 days), and
. Monthly rateof3 consecutive weeks (21 Days) of a monthly period (no charge for the fourth/last week).
- for on-site services, such as fencing, porta johns, dumpsters and office trailers will be charged at presented
invoice plus 10% overhead and 10% profit.
Generators - will have a minimum charge of 1 daily rate plus all costs incurred if power is restored upon or prior to
arrival, or client cancels generator order. Service Provider makes no guarantee on timelines for generator availability
during a catastrophic event or other circumstances beyond our control.
Fuel - scheduled prices do not include fuel or fuel delivery, which will be charged at presented invoice plus 1o% overhead
and L0% profit.
Ordered, purchased and Unscheduled (additional) Equipment - Client will be notified of any additional equipment
needed for the project and rented from third parties or purchased, which will be charged at presented invoice plus 10%
and 10% profit, with minimum of l day rental, plus any related charges including, without limitation,
and fuel as set forth herein.
Equipment Transportation - will be billed for delivery to pro.iect site and return by 3rd party vendors at presented invoice
plus 10% overhead and 10% profit. Transportation provided byService Provider staff will be invoiced at scheduled rates
herein.
**Desiccant Package Unit - 5k Desiccant, 150kW Generator, Fuel Cell, Trailer, Distro Panel, Flex Dud/1 set, Power
cables/1 set.
*rHVAC Cleaning Package - Negative Air Machine, compressor, Portable Cleaner, and WIP Kit'
T - Off-Site logistical/Mobilization Support - services include, without limitation, off-site management, mobilization of
proiect office, communication support, specialty office equipment/supplies, technicians, administrative support staff,
other costs of pro.iect support and administrative allowances that support field operations before and after the project
start/completion date, which will be billed at 3% of the total charges for the project, excluding only reimbursables
expenses, subcontractor invoices and third party vendor invoices. This should only be considered in a large national and
region-wide extraordinary events, as declared by Servpro lndustries. These include, but are not limited to: epidemics,
pandemics, storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes. Written approval from the
client and servpro lndustries Commercial Large Loss Division is required.
January 2023 Page 12 of 13 lnitial:-
Consumables Conditions:
Equipment Conditions:
Mobilization lf ravel - for projects over 75 miles one way will be charged to project and return as follows: hotel at
presented invoice; per diem at 560 per person per day; rented vehicles at presented invoice; airfare at presented invoice;
transportation for equipment and materials utilized for the benefit of the project at presented invoice; meals for general
labor at cost. All of the above will be charged at presented invoice plus L0% overhead and 10% profit.
Taxes - the rates herein are exclusive of federal, state and local sales, use or similar taxes, which will be separately
itemized in the invoice and paid by Client.
Permits - the rates herein do not include permit costs and fees, which will be billed with 10% overhead and 10% profit
added.
Bonding - may be applicable upon mutual agreement and will be invoiced at5% of project.
Other Servpro franchisees - Client acknowledges and agrees that other Servpro franchisees may be utilized to provide
necessary services; provided, however, the undersigned Provider shall be responsible for their performance and shall
make payment once received from Client.
Scope - Upon arrival on site, Provider will assess the loss and begin Emergency Services, which are those needed,
recommended and approved to stabilize the environment/property and help prevent additional damage. Service Provider
will use best efforts to communicate a preliminary scope within 72 to 96 hours after on-site arrival, subject to
supplements, revisions and change orders as circumstances and later discoveries indicate.
lnvoices - will be submitted periodically for work that has been performed on larger projects as mutually agreed. The
final invoice shall be submitted within 30 days of project completion, unless delayed by events beyond our control' All
invoicesaredueandpayableuponreceiptandwill bedeemedlate30daysafterreceipt. lfthereareanydisputed
charges on any invoices, these must be clearly identified in writing within 30 days of leceipt of invoice; provided,
however, that any amounts not disputed in good faith must be paid within 30 days of receipt of invoice. Both parties shall
use best efforts to resolve any such disputed amounts within 30 days after written notice. lnterest charges will begin to
accrue after 30 days of receipt of invoice for undisputed amounts and 90 days for such disputed amounts at the rate of
I% per month or the maximum amount allowed by law, whichever is lower. Client agrees to pay Service Provider's
attorney's fees for cost of collections.
Date:
Franchise Legal I
;s:
,RO franchise.
January 2023 Page 13 of 13
General Conditions:
Client's Signature:Provider's Signature:
Ilient Printed Name:
l/b/a SERVPRO@ of:
Citv. State and Zip: