For purpose of this agreement, “Service” or “Services” mean the remediation procedures described in this website. Services may be provided directly by FMR or indirectly through agent arrangements FMR has made with third parties. By using or paying for the Service, you are agreeing to the terms and conditions in this Agreement, including service-specific terms of service referenced herein, and that disputes will be resolved by individual arbitration. We encourage you to review the applicable service terms and conditions as they contain important information about your rights and obligations, and ours. References to “FMR”, “we”, “us” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of FMR Service under this or prior agreements between us or our predecessors in interest. "CLIENT" or "client" refers the person, group of people, entity or company, requesting the remediation work.
a. PURPOSE: The purpose of the inspection is to attempt to detect the presence of mold by performing a visual inspection of the property and collecting samples to be analyzed by a laboratory if requested by the client on a fee per sample basis.
b. SCOPE: The scope of the inspection is limited to the readily accessible areas of the property and is based upon the condition of the property at the precise time and date of the inspection and on the laboratory analysis of the samples collected if any. The customer and the inspector will set the scope of the inspection prior to the commencement of the inspection. Mold can exist in inaccessible areas such as behind walls and under carpeting. Furthermore mold grows. As such, the report is not a guarantee that mold does or does not exist. The report is only indicative of the presence or absence of mold during the time of the inspection and on the inspected areas. Within a basic mold inspection the inspection company makes every effort to point out conditions that may contribute to mold growth. If the client chooses not to pay the basic inspection fee and has requested that only sampling be conducted then all other conditions such as moisture conditions and causes will not be considered or reported upon.
c. REPORT: The client will be provided with a written report based upon the scope of the inspection earlier decided upon by the client and the inspector. This report may include the visual observations of the inspector based upon the basic Mold inspection or it may only provide the laboratory analysis of the samples taken or it may include both. The inspection company is not able to determine the extent or type of microbial contamination from visual observations alone. Only laboratory results will be able to determine the results of mold composition. The report is not intended to comply with any legal obligations to disclosure.
d. EXCLUSIVITY: The report is intended for the sole, confidential and exclusive use and benefit of the client and the inspection company has no obligation or duty to any other party. The inspection company accepts no responsibility for use by third parties. There are no third party beneficiaries to this agreement. This agreement is not transferable or assignable. Notwithstanding the foregoing, the client understands that the inspection company may notify the homeowner, occupant or appropriate public agency of any condition(s) discovered that may pose a safety or health concern.
e. LIMITATION OF LIABILITY: The inspection and laboratory analysis and report are not to be construed as a guarantee or warranty of any kind. The client agrees to hold the inspection company and their respective officers, agents and employees harmless from and against any and all liabilities, demands, claims, and expenses incident thereto for injuries to persons and for loss of, damage to, destruction of property, cost of repairing or replacing, or consequential damage arising out of or in connection with this inspection.
a. MOBILIZATION REQUIREMENTS: FMR shall provide all the services, equipment, supplies, materials, and labor required to remediate, remove, mold contaminated components and dispose of all waste.
1. All work shall be done under the direct supervision of a professional with experience and training in mold remediation.
2. All work shall be conducted by trained individuals.
3. FMR shall coordinate and prepare a schedule to be approved by the Client for conducting the remediation at the site.
4. Prior to the scheduled pre-construction meeting, and as per client request, FMR shall provide copies of all MSDS for any chemicals and other products that will be brought on site and used during this project.
5. Equipment and furnishings in remediation location shall be HEPA vacuumed or damp wiped. If directed by the client, the cleaned equipment shall be removed to a location designated by the client. The surface of all remaining equipment and material in each room shall be HEPA vacuumed or damp wiped, and then covered with polyethylene prior to the start of any mold remediation work.
6. FMR will notify the client immediately if any conditions are identified during the remediation, which may require immediate attention to prevent potential exposure to mold at the property.
b. WORKER SAFETY:
1. Worker protection for all abatement work shall be, at a minimum, half face air purifying respirators equipped with HEPA filters, full body disposable clothing for mold abatement, gloves, boots, and eye protection.
2. Double suiting will be utilized by FMR’s employees in areas where a decontamination unit cannot be provided directly adjacent to the abatement area. In those cases, FMR shall provide a means outside the containment where the workers may wash their hands and face prior to leaving the site.
3. Respirators used to provide protection from mold and mold spores must be certified by the National Institute for Occupational Safety and Health (NIOSH). As specified by OSHA in 29 CFR 1910.134, individuals who use respirators must be properly trained, have medical clearance, and be properly fit tested before they begin using a respirator.In addition, use of respirators requires the employer to develop and implement a written respiratory protection program, with work site specific procedures and elements.
4. All workers involved in mold-related activities shall be trained to conduct that abatement. Completion of a mold abatement course such as that provided by the Indoor Air Quality Council or equivalent shall be mandatory.
5. Workers shall be familiar with all relevant federal, state and local standards.Workers shall also receive training in Hazard Communication in accordance with CFR 1910.1200.
c. PROCEDURES FOR REMEDIATION AND DUST CONTROL:
1. FMR shall isolate the HVAC system, stair access door, pipe chase and other floor to floor penetrations. Isolation will be accomplished by the installation polyethylene sheeting. Client personnel will shut down or redirect the HVAC system or any mechanical air movement systems for these rooms if possible. Proper lockout/tag out procedures shall be followed when shutting down the HVAC system.
2. Place mold remediation warning signs that restrict access to authorized persons at all entrances to the work area.
3. Pre-clean the area that will be house the two-stage decontamination unit and then install the decontamination unit. The decontamination shall have water available for FMR’s employees and authorized visitors to wash their hands and face.
4. A two-stage decontamination unit shall be used for the decontamination of non-porous materials, construction equipment, personnel and safety equipment. The two-stage unit will have a clean room and a dirty room. Personnel and equipment shall enter and exit the work area through the decontamination unit.
5. Designate an equipment cleaning area at a location to permit cleaned equipment to be removed directly from the cleaning area to a designated storage area. The cleaning area should be immediately adjacent to the designated storage area. Equipment shall be cleaned using HEPA vacuums and damp wiping techniques.
6. Pre-clean all fixed surfaces in the work area with a HEPA vacuum and damp wiping techniques.
7. Erect enclosures around the immediate area where mold contaminated components will be removed to prevent the release of dust to the remaining work area.
8. Place removed materials in polyethylene bags or wrap in two layers of polyethylene sheeting.
9. Clean all surfaces within the remediation area with a HEPA filtered vacuum and damp wiping.
10. If the project dictates the establishment of a full containment system, establish negative pressure within the erected work areas through the use of HEPA filtered exhaust units that discharge outside the enclosure, preferably to the outside of the building.
d. REMOVAL OF MOLD CONTAMINATED DRYWALL:
1. Remove drywall to the extent indicated on the drawings. Drywall shall be cut away through the use of spiral cutting saw equipped with a close capture exhaust system attached to a HEPA filtered vacuum for dust control. The cutting depth of the spiral saw will be adjusted to a depth slightly less than the thickness of the drywall. Final cutting of the scored drywall will be made with a razor knife to avoid release of dust into the wall cavity and to prevent damage to concealed equipment, or additional layers of wall board that are present.
2. In areas where access restrictions prevent use of spiral saws, hand saws may be used, but only while a HEPA vacuum is used to capture dust at the point of generation.
3. Reciprocating saws shall not be used.
4. If a second layer of drywall is encountered, notify the client. If, upon inspection by the client, visual evidence of mold growth on the remaining previously concealed layer is discovered, then the second layer will be removed and remediation cost maybe adjusted.
e. CEILING TILE REMOVAL:
1. FMR will cover the floor and any equipment or furniture under the ceiling tile(s) to be removed.
2. Vacuum lower surface of the tile to be removed with a HEPA filtered vacuum.
3. Carefully remove the ceiling tile and place it directly into a plastic bag and seal.
4. Clean the exposed grid with a HEPA filtered vacuum.
5. HEPA vacuum the floor to remove any visible debris.
6. Remove the polyethylene floor covering.
7. Replace with new ceiling tiles.
f. HVAC SYSTEM DECONTAMINATION:
1. The HVAC system shall be shut down prior to work.
2. The work area shall be completely isolated from other areas of the HVAC system using polyethylene sheeting and duct tape.
3. The access areas for the ductwork shall be enclosed in a negative pressure enclosure.
4. A two-stage decontamination system shall be used.
5. Remove all mold contaminated materials including interior insulation of interior lined ducts and filters.
6. If contaminated interior insulation cannot be adequately removed, or if the interior sections cannot be adequately cleaned, those HVAC system components are to be removed in entirety.
7. HEPA vacuum all interior and exterior surfaces of the HVAC system in the work area.
8. Clean all surfaces with a damp cloth and/or mop and a detergent solution.
9. A biocide may be used in certain areas of the HVAC system, such as cooling coils and condensate pans.The type used will depend on recommendations from the HVAC manufacturer.
10. FMR shall provide information on any biocides proposed to be used to the RE prior to initiation of work.
11. Allow all areas to thoroughly dry.
12. All areas shall be left dry and visibly free of mold contamination and debris.
g. PLUMBING COMPONEBTS:
1. If Mold has been identified on the insulating materials (fiberglass) of various piping systems associated with the air handling units (AHU) and may also be present on the bare pipe. FMR shall isolate and demarcate the area.
2. FMR shall carefully remove the pipe insulation with wet techniques to minimize dust generation and containerize plastic bags. The bare pipe shall be wiped down with an appropriate fungicide. The pipe system shall be inspected for leaks by the client or their representative prior to re-insulation activities. Replacement insulation will be a flexible elastomeric approved by the client.
h. CONCRETE BLOCK WALL DECONTAMINATION:
1. HEPA vacuum the wall surface to remove loose surface mold.
2. Scrub off any remaining visible contamination with a stiff brush while keeping the area wet using a detergent or bleach solution.
3. After the area dries, HEPA vacuum the surface again.
4. Wipe the surface with a damp sponge containing a detergent or bleach solution.
5. Let the area thoroughly dry.
i. WOODEN BUILDING COMPONENTS:
1. The affected wooden building components shall be replaced, if structurally feasible, or cleaned and treated with an approved fungicide.
2. If the components are to be removed, replacement components will be approved by the client.
3. If the components are to be cleaned and treated, FMR will clean, disinfect, and apply a suitable surface coating. Any areas of visible mold shall be manually removed and appropriate repairs made prior to the application of an anti-microbial surface coating.The client shall approve FMR’s work plan and all cleaning, disinfection, and coating products prior to the start of the remediation.
j. WASTE DISPOSAL:
1. The mold contaminated waste is to be double sealed or bagged in labeled polyethylene sheeting or bags.
2. Each bag shall be adequately sealed.The seams of the sheeting shall be sealed with duct tape.
3. The outside of the bags or sheeting shall be visibly clean before transporting to the outside of the abatement areas.
4. The bags shall be transported to the FMR vehicle(s) and then disposed of in an approved landfill.FMR is responsible for proper packaging, temporary storage, transport, and disposal of all waste generated as the result of this project.
k. REMEDIATION AREA COMPLETION:
1. The work area must be free of visible mold, mold damaged materials, and accumulation of dust as determined by visual examination.
2. The inspection will be performed by FMR or by a third party Certified Industrial Hygienist (CIH) hired by the client.
3. The CIH will determine the need for post-remediation air sampling. If sampling is performed, the following verification criteria will be utilized:
3a. Sampling will be performed only after the remediation area has passed a thorough visual inspection and before the containment barriers are removed.
3b. All air sampling pumps will be calibrated before and after use.
3c. Airborne concentrations of mold spores within the work area must not exceed outdoor concentrations.
3d. The mean of at least 3 samples collected from each work area will be compared to the mean of 3 samples collected from outside the building.
3e. The genera of mold spores within the work area must be similar to those found outside.
b. FMR shall notify the CLIENT of unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
c. CLIENT shall pay for any expense incurred due to such conditions.
d. The CLIENT is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site is necessary.
e. CLIENT agrees to allow and provide FMR and his equipment access to the property and provide toilet facilities.
f. The CLIENT represents and warrants that CLIENT has sufficient funds to comply with this agreement.
g. The CLIENT is responsible to remove and/or protect any personal property and FMR shall not be responsible for any damage to any carpets, drapes, furniture, driveways, lawns, shrubs, and etc. unless due to the sole negligence of FMR.
h. In the event that FMR encounters concealed physical condition or conditions which differ materially from those ordinarily found to exist in projects of the character provided for in this Agreement and these concealed or differing site conditions cause an increase in FMR's cost or time required for performance of the work under this Agreement, then FMR shall be entitled to additional compensation based upon the additional cost plus twenty-fivepercent(25%) for overhead and profit or as otherwise agreed pursuant to a written change order.
i. CLIENT agrees to provide sufficient access to the site to allow FMR to complete its work.
j. FMR shall only be responsible for maintaining the area in which its work is performed.
l. RESTORATION:
1. FMR will include details on restoration work to be performed. This may include installation of replacement materials (such as gypsum board, insulation, vinyl-base, etc.) painting, additional cleaning, etc.
2. FMR will pay particular attention to items that are unique to client facilities and operations.
1. Should the client, construction lender, or any public body or inspector direct any modification or addition to the work covered by the contract, the contract price shall be adjusted accordingly.
2. Modification or addition to the work shall be executed only when both the client and FMR have signed a Contract Change Order.
3. The change in the contract price caused by such Contract Change Order shall be either as agreed to in writing, FMR’s actual cost of all labor, equipment, subcontracts and materials, plus a fee of twenty five percent (25%) for FMR's overhead and profit or as otherwise agreed pursuant to a written change order.
4. The Change Order may also increase the time within which the contract is to be completed.
5. Any Change Order or Extra Work shall be incorporated in, and become a part of the contract.
6. Unless otherwise agreed in writing, payment for changes and extras shall be due and payable upon substantial completion of the extra work or modification.
7. FMR shall not be responsible for credits, offsets or back-charges unless both parties agree to the credit, offset or back-charge in advanceand in writing.
1. acts of neglector omission of CLIENT or CLIENT’s employees or CLIENT’s agent.
2. acts of God, stormy or inclement weather, strikes, lockouts, boycotts, or other labor union activities.
3. Extra Work ordered by CLIENT, acts of publicenemy, riots or civil commotion.
4. Inability to secure material through regular recognized channels.
5. Imposition of government priority or allocation of materials.
6. Failure of CLIENT to make payments when due, delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies.
7. Acts of independent contractors, or holidays, or other causes beyond FMR’S reasonable control.
b. After acceptance of this Agreement, FMR shall have a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the contract.
a. The CONTRACTOR may subcontract portions of this work to properly licensed and qualified subcontractors.
a. If the project is destroyed or damaged by accident, disaster or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by FMR in rebuilding or restoring the project shall be paid by the CLIENT as extra work.
b. CLIENT shall obtain and pay for insurance against injury to CLIENT’s own employees and persons under CLIENT’s direction and persons on the job site at CLIENT’s invitation.
a. FMR shall have the right to stop work if any payment shall not be made, when due, to FMR under this agreement.
b. FMR may keep the job idle until all payments due are received. This remedy is in addition to any other right or remedy that the FMR may have. Such failure to make payment when due, is a material breach of this agreement.
c. CLIENT acknowledges that the additional costs for the delay in stopping and starting the project shall be treated as an extra and allow FMR additional costs in accordance with this contract.
a. FMR will remove from CLIENT’s property debris and surplus material created by this operation and leave it in a neat and broom clean condition.
a. No action of any character arising from or related to this contract, or the performance there of shall be commenced by either party against the other more than one years after completion of the project or cessation of work under this contract.
a. In connection with the performance by FMR, pursuant to this agreement, FMR shall comply with all federal, state, county and local laws, ordinances and regulations.
a. Payment shall be made promptly as specified.
b. In the event that CLIENT fails to make any payment as provided herein, FMR may, at its option, stop work without prejudice to any other remedy it may have.
c. CLIENT certifies that sufficient funds and/or financing are available to timely meet the payment obligations of this Agreement.
d. In the event of a dispute with regard to any portion of the work, CLIENT agrees to promptly pay when due for all undisputed portions of the work.
e. CLIENT’s failure to pay any balance when due shall constitute a material breach of this Agreement.
f. Checks returned for insufficient funds will result in a $50.00 fee. A 3% per month penalty will be imposed on the CLIENT for failing to pay the FMR in a timely fashion.
g. CLIENT agrees to pay for all legal fees incurred by FMR in the event that legal action is required to collect payment.
h. CLIENT also assumes responsibility for all collections’ fees, attorneys’ fees, court costs, legal expenses,and any other related costs incurred by FMR pertaining to collections and/or legal proceedings, whether suit is filed or not.
a. Unless the contract specifically calls for the removal, disturbance or transportation of asbestos or other hazardous substances, the parties acknowledge that such work requires special procedure, precautions, and/or licenses. Therefore, unless the contract specifically calls for same, if FMR encounters such substances, FMR shall immediately stop work and allow the CLIENT to obtain duly qualified asbestos and/or hazardous material contracto to perform the work or the FMR may perform the work at FMR’S option. Said work will be treated as an extra under the contract.
a. All work is to be performed in a workman like manner with inindustry standards.
b. It should be noted that mold conditions can change over shortand extended periods of time, and may vary and depend upon several factors notwithstanding ventilation, humidity, disturbance, temperature, etc.
c. In all situations, the underlying cause of water accumulation must be rectified or fungal growth will recur. For these reasons, FMR does not guarantee against the recurrence of mold growth.
d. FMR does, however, guarantee the removal of existing mold as stated in the estimate and guarantees clearance to the work area.
e. If FMR is required or requested to return to the site to correct and/or repair any of its work due to alterations or damage done by others, such work shall be considered an “extra” and billed separately at the rate as related above, plus a reasonable re-mobilization charge.
f. FMR accepts no responsibility for undisclosed areas of water damageand/or fungal growth, and any additional work due to the findings of additional areas of water damage and/or fungal growth will also be considered an “extra”and billed separately.
a. FMR retains the right to be present at the work site during any post-remediation testing/inspections by third parties.
a. In the event that CLIENT alleges that FMR’S work was defective, 45 days before filing a lawsuit, CLIENT agrees to deliver to the FMR a written notice of any conditions the CLIENT alleges are defective and provide the FMR the opportunity to make an offer to repair or pay for the defects.
a. This Agreement supersedes any and all other Agreements, either oral or written, and contains all of the covenants and agreements between the parties.
b. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of any party to this Agreement, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
c. Any modification of this Agreement will be effective only if it is in writing, signed by the party to be changed.
NOTICE TO CONSUMER: YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THETHIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER: 1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BYREGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR 2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO: Florida Mold Remediation 13690 SW 142 Ave 30B, Miami, FL 33186.
If you cancel this contract within the three day period, you are entitled to a full refund of your money.