Emergency Services Agreement - Belfor USA Group Inc - Installation of Hanging Nets around Damaged Plaster at MPAC

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13ELFOR t0j PROPERTY RESTORATION (BELFOR USA GROUP, INC.), CONTRACTOR'S LICENSE # SERVICES AGREEMENT This Services Agreement (this "Agreement") is made and entered into on September 18 , 2018 between BELFOR USA Group, Inc., dba BELFOR Property Restoration, a Colorado corporation ("Contractor") with its principal place of business at 185 Oakland Avenue, Suite 150, Birmingham, MI 480�09 and City of South Bend with its principal place of business at 227 W. Jefferson Blvd., South Bend, IN 46601-.12Q2.J" Owner"), Owner and Contractor may be referred to throughout individually as a "Party," or together as the "Pat -ties." RECITALS: WHERE, AS, Contractor is a service contractor engaged in the business of supplying emergency response, disaster restoration, reconstruction and related services, necessitated by fire, water, wind, smoke, Contamination, corrosion and any other natural or rnanmade disaster. WHERE, AS, Owner's Property suffered damages as a result of falling plaster —. Owner desires to hire Contractor to perform professional services with respect to Owners property located at 211 N. Michigan St., South Bend, IN 46601 - 1202 ("Property"). Contractor shall furnish all labor, materials, tools, equipment and supervision necessary to Perform the Work (as defined in Section 2). NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the sufficiency of which is hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT Work shall commence on__ September 19,-2018 ("Commencement Date"). The Contractor shall achieve Substantial Completion no later than __J!1-5ey�enDa�Sfrorn the Commencement Date, subject to adjustment or early termination as provided herein. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract so that the Owner can occupy or utilize the Work for its intended use. Parties agree that Contractor shall order the building materials only upon the execution of this Agreement, therefor; Owner's delay in signing this Agreement shall not be included in calculating time frames for payment or performance obligations. Contractor shall not be liable for any failure or delay in the performance of its obligations under this Agreement for the period that such failure or delay is beyond Contractor's control. SECTION 2. SCOPE OF WORK, The scope of work under this Agreement concerns restoration services to the Property for damages caused by a Falling Plaster . The itemized list of the Work to be done is limited to the installation of hanging nets around plaste cornices ,.to,.,guard against additional falling plaster. Contractor shall provide wenches to lift and hold Owner supplied nets in place. Contractor shall cover and protect The cost thereof is agreed to by the Parties as Rate & Material. The Contractor shall assume no liability and shall be Held Harmless by the Owner and Structure Point Engineering for any and all recourse, damage, or injury as a result of this action. Contractor further agrees to perform the Work in good and workmanlike manner, and in accordance with industry standards established by those engaged in a business similar to that of the Contractor. SECTION 3. CONTRACTOR'S COMPENSATION. 3.1 Conti -act Sum. The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract, 'rho Contract Sum shall be one of the following: V. 1 3118 Page 1 of 9