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Page 4 of 5 <br /> Initial here: _____ <br />Attachment to Proposal SS-2053 <br />(Terms and Conditions) <br /> <br />Responsibility: <br />We will maintain responsible supervision to control the proper finishing of all work, as well as coordinate the completion of these proposal <br />requirements. <br /> <br />Materials: <br />The material requirements will be in accordance with the manufacturer’s standards. Product data sheets are available upon request. <br /> <br />OSHA Compliance: <br />All work practices, materials and equipment used will be in full compliance with applicable OSHA regulations and in full compliance with South <br />Bend Roofing Co.’s (SBR) Safety Standards. <br /> <br />Workmen's Compensation: <br /> South Bend Roofing Co. (SBR) personnel are fully covered by Workmen's Compensation Insurance. <br /> <br />Equal Employment Opportunity Compliance: <br />South Bend Roofing Co. is an equal opportunity employer operating in compliance with applicable federal and state laws. <br /> <br />Deviations from Agreement: <br />Any deviations from the work plan, materials, schedule or other terms and conditions described herein are subject to additional charges. <br /> <br />Re-Roofing: <br />A. South Bend Roofing Co. shall not be liable for claims or damages arising from or related to deficiencies in roof <br />drainage and consequences of water accumulating on the roof. It is the customer’s responsibility prior to commencement of <br />re-roofing to retain a licensed architect or mechanical engineer to determine and evaluate drainage design and compliance <br />with applicable codes, including potential need for additional drains, scuppers, or overflow drains and it is the Customer’s <br />responsibility to maintain drains so that they are not clogged and function properly. SBR’s work does not include evaluation of <br />existing drainage, proper location or size of roof drains, drainage design, or adequacy of drainage. <br />B. South Bend Roofing Co. is not liable for fireproofing that may detach, fall or spall from the underside of the roof deck <br />during roofing operations, including costs of clean-up and replacement of fireproofing. <br />C. Interior Protection - Customer acknowledges that re-roofing of an existing building may cause disturbance, dust, <br />debris or fireproofing to fall into the interior. Customer Agrees to remove or protect property directly below the roof in order <br />to minimize potential interior damage. SBR shall not be responsible for disturbance, damage, clean up or loss to interior <br />property that Customer did not remove or protect prior to commencement of the roofing project. <br />D. Fumes - Customer is aware that roofing products emit fumes, vapors and odors during the application process. <br />Customer shall be responsible for interior air quality, including controlling mechanical equipment, HVAC units, intake vents, <br />wall vents, windows, doors and other openings to prevent fumes and odors from entering the building. Some people are more <br />sensitive to the emissions than others. Customer shall hold SBR harmless from claims from third parties relating to fumes and <br />odors that are emitted during the normal roofing process, including reasonable attorney’s fees. <br />E. Asbestos – SBR’s price and this contract are based upon SBR not coming into contact with asbestos or asbestos <br />containing or toxic materials at building. If asbestos or asbestos containing or toxic materials are encountered, the contract <br />price and time to complete the contract will be adjusted based upon the additional costs and time resulting from the presence <br />of asbestos or toxic materials in the building. <br />F. Deck Sufficiency - Customer represents that they are not presently aware of any hazard or condition in, at or on the <br />building which would endanger the life and safety of SBR’s personnel and equipment on the roof performing roof removal and <br />replacement operations and they are not presently aware of any area of deteriorated, rusted or unattached roof decking that <br />present a safety hazard to SBR personnel or individuals and property within the building. If Customer deems it necessary, <br />Customer will retain a structural engineer to evaluate the safety of the structure prior to commencement of re-roofing <br />operations. <br />G. Existing conditions - SBR is not responsible for damages or leaks due to existing conditions or existing sources of <br />leakage simply because South Bend Roofing start work on a building or performed repair work. <br /> <br />Maintenance and/or Repair Contracts: <br />This maintenance and service contract does not include an evaluation for code compliance or adequacy of existing roof drainage. If roof drains <br />or scuppers are clogged at the time SBR performs its maintenance inspection and work, SBR will unclog drains at that time. South Bend Roofing <br />is not responsible if and when drains become clogged at other times. Customer should regularly inspect roof drains to see that flow through <br />drains are not impeded. SBR shall not be liable for claims or damages arising from or related to deficiencies in roof drainage and consequences <br />of water accumulating on the roof. Customer should retain an Architect, Mechanical Engineer or other design professional to evaluate and <br />determine proper drainage design and compliance with applicable plumbing codes, including secondary drainage. SBR’s work does not include <br />evaluation of drainage, proper location or size of roof drains, or code compliance. It is the Customer’s responsibility to maintain drains so that <br />they are not clogged and function properly. SBR is not responsible for ponding, standing or accumulation of water on the roof.