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

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BELFOR (,*J . . ....... . __ PROPERTY RESI' "ORATION (BELFOR USA GROUP, INC.) or a supplement which may increase price and scope of the project. All non-insured code upgrades, deductibles, or work not covered by the insurance policy is the financial liability and responsibility of the Owner and must be mutually agreed upon in a written change order. 14.1 Application of Prevailing Wage Determinations, Contractor will comply with the Fair Labor Standards Act and any applicable federal or State minimum wage laws during the performance of the Work. Owner warrants and represents that it is not subject to, nor is it receiving funds subject to, prevailing wage determinations under federal laws, such as the Davis -Bacon Act or the Service Contract Act, or under any similar or like State laws. Owner further acknowledges and represents that it has not provided Contractor with any federal or State prevailing wage deten-ninations. Should Owner or Contractor subsequently be notified that the Work is subject to prevailing wage determinations, Owner agrees to issue a written change order to comply with the applicable prevailing wage determination(s), plus a standard mark-up for overhead and profit. Owner further agrees to pay and indemnify Conti -actor for any and all penalties a State or Federal agency may assess under prevailing wage laws. Should Owner and Contractor disagree on the applicable prevailing wage rate(s), the Owner agrees to pay the amount determined by the State or Federal agency or the amount listed by the United States Department of Labor in its wage determination for the applicable classification in the appropriate jurisdiction or the appropriate similar/like State wage determination, whichever is higher and necessary to comply with the law. Owner has waived compliance with the Davis -Bacon Act and directed the Conti -actor to perform the work utilizing Non-[Jnion and Non - Prevailing Wage personnel. 3.5 Payment Source. Owner understands and agrees to pay Contractor the Contract Sum, along with any adjustments and amounts owed Linder this Section 3 regardless of whether Owner receives funds from its insurer(s), local government, State government, the federal government, or any government agency, grant, charitable organization or third -party. Owner's payrnent to Contractor for the Contract Sum, along with any adjustments and arnounts owed under Section 3 shall not be contingent, dependent or conditioned on Owner's insurer(s), local government, State government, the federal government, or any government agency, grant, charitable organization or tbird-party. Owner understands that Contractor will maintain job records for a period of no more than three years, Should Owner desire to maintain records for a longer period, Owner shall request copies from Contractor and agrees to pay the costs associated with such preservation or copies. SECTION 4. STANDARDS OF PERFORMANCE 4.1 Industry Standards. Contractor shall perform the Work in accordance with industry standards established by those engaged in a business similar to that of Contractor. 4.2 Equipment, Supplies and Expenses. Conti -actor shall provide all equipment and supplies to property perform the Work, and shall pay for all material, labor, sales taxes, salaries, federal and provincial employment taxes, and any similar payroll taxes relating to employees of Contractor incurred in the performance of the Work. 4.3 Licenses. Contractor shall obtain at its own cost all licenses (including professional licenses), permits, certificates and authorizations necessary for Contractor to do business in all jurisdictions where any part of the Work are to be performed. Contractor shall also obtain all licenses, permits, certificates and authorizations necessary in connection with Contractor's performance of the Work, and give all notices required tinder applicable law. 4.4 Waste Removal. Conti -actor shall keep the Property free from accumulation of waste materials or rubbish caused by Contractor's operations. 4.5 Owner's Separate Contractors. Site Conditions: In the event that Contractor's Work depends upon the proper and timely execution of the work of Owner's separate contractors, Contractor may rely upon the work of such separate contractor for fitness and suitability to accept and incorporate Contractors Work. Contractor shall not be responsible for the any cost of time impacts arising out of defects in the work of Owner's separate contractors to the extent such defects were not reasonably discoverable upon a cursory visual inspection. The parties acknowledge that Contractor has little opportunity to perform other V. 1 3/18 Page 3 of 9