Legal Asbestos Proposal

Legal Asbestos Proposal

This Asbestos Abatement Proposal ("Proposal") is entered into as of by and between Client Name: ("Client") and Contractor Name: ("Contractor").

RECITALS

WHEREAS, the Client owns or controls the property located at (the "Site") and desires assessment and abatement services for asbestos-containing materials identified at the Site; and

WHEREAS, Contractor is duly licensed, experienced and qualified to perform asbestos inspection, sampling, testing, abatement, removal, encapsulation and related work in accordance with applicable law, industry standards and regulatory requirements; and

WHEREAS, the parties desire to set forth the scope, schedule, compensation and terms under which Contractor will perform the work described herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. SCOPE OF WORK

1.1 Contractor shall perform inspection, sampling, laboratory analysis, and abatement services as set forth in the Work Order. The specific tasks shall include, but are not limited to: identification and inventory of asbestos-containing materials, preparation of abatement plans, worker protection, containment, negative air ventilation, removal or encapsulation of asbestos materials, decontamination, and final air clearance testing.

1.2 Detailed description of the specific areas and materials to be addressed:

2. PERFORMANCE, SCHEDULE AND ACCESS

2.1 Contractor shall commence work on or about and shall diligently pursue completion so as to achieve substantial completion by , subject to excusable delays.

2.2 Client shall provide Contractor reasonable access to the Site, utilities as necessary, and shall secure any owner consents or rights of entry required for performance of the Work. Contractor shall notify Client of any concealed conditions or hazardous materials not previously disclosed.

3. PRICE AND PAYMENT

3.1 Client shall pay Contractor the sum of for the Work, subject to additions and deductions as provided in this Proposal.

3.2 Payment schedule:

3.3 Invoices shall be due and payable within days of receipt. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

4. CHANGE ORDERS

4.1 Any change to the Scope of Work shall be authorized only by a written Change Order signed by both parties. Change Orders shall set forth adjustments to price, schedule, and any other affected provisions.

5. REGULATORY COMPLIANCE AND PERMITS

5.1 Contractor shall perform the Work in compliance with all applicable federal, state and local laws, regulations and standards governing asbestos handling, removal, transportation and disposal, including obtaining any permits or notifications required for the Work, unless expressly designated as Client's responsibility herein.

5.2 Contractor shall maintain required manifests, waste tracking and provide Client with copies of all required regulatory documentation upon request.

6. TESTING, AIR CLEARANCE AND ACCEPTANCE

6.1 Contractor shall perform clearance air monitoring consistent with recognized industry protocols. Final acceptance of work shall be contingent upon satisfying clearance criteria set forth in the Work Order.

6.2 If air clearance is not achieved, Contractor shall, at its expense, re-perform remediation work as necessary until clearance standards are met, except where failure is due to conditions caused by Client or third parties.

7. INSURANCE AND LICENSES

7.1 Contractor shall maintain and provide evidence of insurance coverages including commercial general liability, employers' liability/worker's compensation, and automobile liability in amounts customary for asbestos abatement contractors. Contractor shall maintain all licenses and certifications required to perform the Work.

8. INDEMNITY AND LIMITATION OF LIABILITY

8.1 Contractor shall indemnify and defend Client from and against losses, claims and liabilities arising out of Contractor's negligent acts or omissions in the performance of the Work, including bodily injury and property damage, except to the extent directly caused by Client's negligence or willful misconduct.

8.2 Except for Contractor indemnification obligations for bodily injury or death, neither party shall be liable for consequential, incidental, punitive or special damages arising out of this Proposal. Contractor's total liability for damages arising from or related to this Proposal shall not exceed the greater of the amount paid by Client hereunder or the limits of applicable insurance coverages.

9. TERMINATION

9.1 Either party may terminate this Proposal for cause upon written notice if the other party materially breaches a provision and fails to cure within ten (10) days after receipt of notice. Client may terminate for convenience upon written notice, in which case Contractor shall be entitled to payment for work performed and documented costs reasonably incurred prior to termination.

10. CONFIDENTIALITY

10.1 Each party shall keep confidential any nonpublic information disclosed in connection with the Work and shall not disclose such information except as required by law or to perform the Work. This obligation shall survive termination of this Proposal for a period of three (3) years.

11. NOTICES

Client Notice Address

Contractor Notice Address

Notices shall be in writing and shall be deemed delivered when delivered personally, by certified mail, or by nationally recognized overnight courier to the addresses set forth above.

12. AMENDMENT, WAIVER AND COUNTERPARTS

12.1 This Proposal may be amended only by a written instrument executed by both parties. No waiver of any term shall be effective unless in writing and signed by the waiving party.

12.2 This Proposal may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13. GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

13.1 This Proposal shall be governed by and construed in accordance with the laws of the state in which the Site is located, without regard to its conflicts of law rules.

13.2 This Proposal, including any attached Work Order and Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions and agreements.

13.3 If any provision of this Proposal is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. ADDITIONAL PROVISIONS

14.1 Hazardous Materials: Contractor shall promptly notify Client of the discovery of any hazardous materials other than asbestos. Contractor may suspend work if conditions present an imminent threat to health or safety until a mutually acceptable plan is established.

14.2 Subcontracting: Contractor may engage qualified subcontractors; however Contractor shall remain responsible for the performance of the Work and compliance with this Proposal.

ACKNOWLEDGMENT

The parties acknowledge that they have read and understand this Proposal, and that the individuals signing below are authorized to bind their respective parties.

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