The URL can be used to link to this page

Home My Public Portal AboutAB 05-71 attch - Revised Western ContractREMEDIATION CONTRACT THIS AGREEMENT is entered into between City of McCall ("Owner") and Western Building Maintenance ("Contractor”). Under this Agreement, the Owner and Contractor agree, for the consideration set forth below, as follows: ARTICLE 1 The Contractor agrees to complete the lead remediation plan described in Exhibit A in accordance with the terms of this Agreement. The property to be remediated under the plan is: The McCall Police Department/City Hall. The lead remediation plan will be performed in conformance with the guidelines set forth by Torf Environmental. ARTICLE 2 The Contractor will complete its work within two weeks from the date the City allows the Contractor to begin the work and will furnish all necessary supplies, materials, tools, and labor necessary to perform the work unless stated differently in Exhibit A. The Contractor is insured and will supply a trained supervised crew to perform the work in accordance with the Guidelines and OSHA standards. ARTICLE 3 In the event Contractor is unable to complete the work described in Exhibit A in the manner provided in Exhibit A or in the event conditions not solely caused by Contractor cause an increase in the scope, cost, or nature of the work to be performed by Contractor or delay in Contractor’s performance under this Agreement, Contractor shall provide written notice to Owner of the cause and nature of such conditions and the extent of the increased delay and/or cost of performance resulting from such conditions. In the event of such increased delay and/or cost of performance, Contractor shall be entitled to an equitable adjustment in the contract price per line item costs set forth in Exhibit A and pursuant to the provisions of Article 4 of this Agreement. All additional costs will be subject to the approval of the owner. ARTICLE 4 The Owner agrees to pay the Contractor the sum of $13,022.00 for cleaning work. The owner also agrees to pay an additional $1,500.00 for HVAC cleaning and $450.00 for ductwork encapsulation if those tasks are desired. 4.1 No extra work shall be performed or additional charges incurred by the Owner under this Agreement unless prior notice of such extra work or additional charges is provided by Contractor to Owner pursuant to the provisions of Article 3 of this Agreement. 4.2 Contractor shall provide monthly billing statements to Owner for work completed during the preceding month. Owner shall make payment to Contractor for all amounts stated on such statements, subject to the terms of this agreement. 4.3 Owner shall make the final payment to Contractor of the unpaid balance of the sum set forth above when the work described in this Agreement is fully completed and Contractor has furnished to Owner a complete set of such lien waivers and releases as may be furnished and/or required by the Owner. ARTICLE 5 The parties hereto understand and agree that the work described in Exhibit A of this Agreement involves remediation of certain damages to the property described in Exhibit A, and that complete elimination of all such damages is not possible or practicable. After Contractor completes the work described in Exhibit A, Torf Environmental will analyze whether the remediation goal has been met. If additional remediation work needs to be done, Contractor and Owner will renegotiate costs for the additional remediation. Contractor provides no warranty or representation regarding the degree of remediation that may or will be achieved, and expressly disclaims all such warranties, express or implied, regarding the degree or effectiveness of the remediation to be achieved. 5.1 The parties hereto understand and agree that remediation may not be possible on porous or semi-porous surfaces including, but not limited to upholstery, carpet, blinds, drapes, window coverings, beds, bedding, other household textiles and all other porous and semi-porous surfaces. 5.2 Contractor provides no warranty or representation, and expressly disclaims any and all such warranties, express or implied, for work performed by Owner, other contractors and other subcontractors not under the direction and control of Contractor. 5.3 Owner agrees to ensure that Owner, other contractors and other subcontractors not under the direction and control of Contractor, are required to work within the parameters of the remediation plan so as to avoid compromise to the work performed by Contractor, cross-contamination and to facilitate the safety of all workers at the site. 5.4 Owner agrees to indemnify, defend, and hold Contractor harmless from any claim arising from or relating to the degree of remediation obtained, or work performed by other contractors or subcontractors to the full extent permitted under Idaho law. ARTICLE 6 The parties hereto understand and agree that the remediation work described in Exhibit A of this Agreement is limited to currently existing conditions at the time of contract. Once final air sample testing is complete and found to be within normal limits any further contamination due to other causes is deemed a new and separate lead condition subject to remediation under a separate agreement and remediation plan. ARTICLE 7 Owner, by and through his/her independent industrial hygienist and/or environmental consultants, has performed or will perform a thorough environmental investigation (including post-remediation/clearance sampling) and will specify the methods and extent of remediation. The Scope of Work, attached as Exhibit “A”, is simply a basis of establishing an estimate of the costs of performing according to those methods. Consultant will not exceed estimated probable cost without prior authorization from Owner. Owner hereby releases Contractor and its employees, officers, and successors from any liability for errors or omissions made in the preparation of the protocol and the remediation methods prepared by parties other than the Contractor. Contractor makes no representations or warranties as to whether those methods will be effective or appropriate. However, Contractor takes responsibility to faithfully and timely perform those methods in a workmanlike manner according to industry standard. ARTICLE 8 Owner will disclose to all occupants that lead, and/or biological contamination can lead to serious health defects, and will indemnify and hold Contractor harmless from any claims that arise as a result of Owner’s failure to make such a disclosure. All occupants should consult with a physician regarding the potential health effects of exposure to lead contamination. Contractor will not give medical advice and Owner agrees not to interpret Contractor statements as medical advice. ARTICLE 9 This Agreement shall be subject to and governed by the laws of the State of Idaho. The exclusive venue for any legal dispute arising under or in connection with this Agreement shall be the District Court for the Fourth Judicial District of the State of Idaho, Valley County. ARTICLE 10 Owner and Contractor agree that if a party is in default under this Agreement, then such party shall pay to the other party (a) reasonable attorney fees and other costs and expenses incurred by the other party after default and referral to an attorney, (b) reasonable attorney fees and other costs and expenses incurred by the other party in any settlement negotiations, and (c) reasonable attorney fees and other costs and expenses incurred by the other party in preparing for and prosecuting any suit or action ("Collection Costs"). ARTICLE 11 This Agreement constitutes the sole expression of the parties intent, and is not subject to any prior oral or written modification. Except as expressly allowed herein, this Contract cannot be modified in the future, except in writing, signed by both parties. If any term or provision of this Agreement is deemed to be illegal or invalid, the invalidity of such term shall not affect the legality or validity of any other provision in this Contract, including other terms and obligations set forth in the same Article as such invalid term. DATED this ______ day of ______________, 2005. CITY OF McCALL (OWNER): William A. Robertson, City Council President ATTEST: ____________________________________ Dan Irwin, City Clerk DATED this ______ day of ________________, 2005. CONTRACTOR Western Building Maintenance ____________________________________ By: Title: STATE OF IDAHO ) )ss. County of Valley ) On this _____ day of April, 2005, before me, the undersigned, a notary public in and for said county and state, personally appeared _______________________, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. ____________________________________ NOTARY PUBLIC FOR IDAHO Residing at _____________________ _____ My Commission Expires _______________