HomeMy WebLinkAboutEmergency Services Agreement - Belfor USA Group Inc - Installation of Hanging Nets around Damaged Plaster at MPAC1316 (' 'ot j'y BUILDINO
227 WAEFFERSON BOULEVARD
SOUTH 11FNI). INDIANA46601-1830
CITY OFSOUTH BEND PETEBUTTIGIFG, MAYOR
BOARD OF PUBLIC WORKS
October 9, 2018
Hank Manalli
Belfor USA Group, Inc.
185 Oakland Avenue, Suite 150
Birmingham, MI 48009
RE: Emergency Services Agreement
Dear Mr. Manalli:
PI 10M[' 574/ 235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on October 9, 2018, approved the above
referenced agreement regarding the installation of hanging nets around damaged plaster
cornices at the Morris Performing Arts Center in the amount of $14,566.
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. Gii,o'r SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A, MUEIJ-Ei� THERESE J. DoRAU
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
13ELFOR JO)
PROPERTY RESTORATION
ORATION
(EE1_FOR USA GROUP, INC.)
(Check the appropriate hox.)
[ « » ] Budget NTB Amount - in the amount off 14.566*6* , subject to any change orders, additions, or deductions,
and as further set forth in the Scope of Work attached as Exhibit A. * Actual to be invoiced on a Rate & Material Basis.
[ « » ] 131JI F'OR'S National Rate and Material Schedule attached as Exhibit B.
3.2. Invoicing.,
3.2.1 Owner agrees to pay Contractor's invoice within 30 days of receipt by the Owner. If Owner dispute's
any arrrount within an invoice, then Owner shall pay all undisputed amounts within thirty (30) days from receipt of invoice
and shall provide to Contractor, in writing, an explanation of the disputed amount with all supporting documentation within
seven (7) days from Owner's receipt of the disputed invoice. Failure to do so shall result in an absolute waiver of Owner's
right to dispute any amounts under said invoice. Owner agrees that it shall only assert disputes grounded in good faith and
reasonable judgment. Owner shall not withhold payment of any undisputed amount payable by reason of any dispute. III the
event of any such dispute, the Pat -ties shall seek to resolve the disputed amount promptly. If such disputed arnount cannot be
resolved within fourteen (14) days of Owner's notice, then the Owner shall place the entire disputed amount in escrow until
the Parties are able to resolve such dispute. The Contractor reserves the right to cease or suspend any work until the
undisputed amount is paid in lidl, including interest, for Services performed.
3.2.2 Contractor's right to timely and full payment of its progress and final invoice shall not be contingent upon
resolution of any disputes between the Owner and its insurer(s) or dependent upon the insurers' payment or approval
of Contractor's invoices or charges.
3.2.3 In the event Owner fails to make payments promptly under this contract, it would be difficult to fix the
damages suffered by Contractor because of varying rates of interest and inflation and because late payment impairs capital and.
bonding capacity. As liquidated darnages the parties therefore agree that a charge of '1.5 percent per month will be assessed on
all overdue payments. This rate represents a reasonable endeavor to estimate fair compensation for the foreseeable losses that
might result from late payment. If payment is not timely made, on submitted invoices, Contractor reserves the right to cease
any work, whether present or future, until Contractor is fully paid, including interest, for services performed.
3.2.4 The Owner waives any right of rccoupment or setoff that it may have, whether any such right arises by virtue
of contract or law, with respect to the payments for any Work under this Agreement. Payments for Work shall be made in
full without any setoff or recoupment.
3.2.5 Owner understands and agrees that the Owner's obligation to make timely payment is not abated, stayed,
contingent, dependent or conditioned on Owner awaiting funds from its insurer(s), local government, State government, the
federal government, or any government agency, grant, charitable organization, or any third -party.
3.3 Payment Schedule. Unless the parties otherwise agree to a payment schedule as set forth herein, Owner agrees to
pay Contractor's invoice within 30 days of receipt by the Owner.
[fNSRRT FIXED PAYMENT SCHEDULE IF APPLICABLE]
3.4 Adiustunents to Contract Sum. It is understood that the Work may be subject to change due to unknown factors.
Such changes may result in a revised amendment which may increase the price and scope of the Work. It is understood that
the Work may be subject to change due to unknown factors, those changes may result in a revised estimate, additional scope
V.1 3/18
Page 2 of 9
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
BELFOR 40)
PROPERTY RESTORATION
(BELFOR USA GROUP, INC.)
than a Visual inspection of the site prior to commencement of Work pursuant to a Work Order; accordingly, Contractor shall
not assume the risk of site conditions that are not reasonably discoverable during such inspection. Contractor shall
immediately notify the Owner LIP011 encountering a concealed or otherwise unknown condition that may increase Conti -actor's
time of cost to perform, tinder no circumstances beyond three (3) business days from encountering such condition.
4.6 Abatement of Hazardous Materials. If mold, microbial matter, or other hazardous material is (1) found on any
property covered by this Agreement and (2) the Owner directs Contractor to provide any Services related to such mold,
microbial matter or other hazardous material, the parties agree to perform the Set -vices to Current industry standards and
according to any local, State or Federal laws. If Owner does not agree to perform and pay for inold or abatement Work to
current industry standards, which include clearance testing by an Industrial Hygienist, Owner agrees to indemnify, defend,
hold harmless (including payment or reimbursement of Contractor's reasonable legal defense costs) and release Contractor
from and against any claim, damage, loss or lawsuit regarding the failure to rernediate or from the spreading of the mold or
hazardous materials.
SECTION 5. APPICABLE LAW AND REGULATIONS
5.1 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State where
the Property is located,
5.2 Compliance with Laws. Contractor shall comply with all applicable provincial and federal laws in performing the
Work. Contractor shall not take, and is not authorized to take, any action in the name of or on behalf of Agent or Owner, or
which Would violate any applicable law,
5.3 Non -Discrimination. Contractor shall not permit any discrimination against or segregation of any person or group
of persons in connection with the performance of this Agreement on account of sex, disability, marital status, age, race,
religion, color, creed, national origin or ancestry, sexual orientation or gender identity or any other protected characteristic in
accordance with applicable law.
SECTION 6. CONFIDENTIALITY
Parties may exchange and disclose Confidential Information to the other for the Sole purpose Of PCIfOrtning the Work
under the terms of this Agreement (the "Put -pose"). The term "Confidential Information" as defined in this Agreement shall
mean all 1-101-IpLiblic, confidential and proprietary information that is disclosed by one party to the other for the purposes of
this Agreement and shall include, but not be limited to, information relative to the disclosing party's finances, assets,
technology, ownership, capital structure, operations, business plans and prospects, information technology, formulas, patents,
trademarks, trade secrets, other intellectual property, customer and vendor identities and pricing information, as well as
information regarding employees and contractors (whether oral, written, graphic, visual and/or computer generated). The
Party in receipt of Confidential Information is identified as "Recipient" herein, and the Party that disclosed its Confidential
Information is identified as "Discloser" herein, Recipient shall maintain in strict confidence all Confidential Information
disclosed during performance of the Work throughout the time period identified herein, and shall not use any Confidential
Information in any way inconsistent with the Purpose. Recipient shall use the same degree of care in safeguarding Discloser's
Confidential Information as it uses with respect to its own proprietary information and in no event less than reasonable care.
The obligations imposed upon either Party shall not apply to any information or data which: (i) is already available to or in
the possession of the receiving Patty or its Representatives and was from a third Party which, to, the receiving Party's
reasonable knowledge or belief, (ii) is not under an obligation of confidentiality to the disclosing Party with respect to any
such information or data; (iii) is or becomes available to the public through no breach of this Agreement; (iv) Is independently
developed by the receiving Patty without reference to any Confidential Information disclosed; (v) is approved for release (and
only to the extent so approved) by the disclosing Party; or (vi) is disclosed Pursuant to the lawful requirement of a court or
V. 1 3/19
Page 4 of
BELFOR t*)
PROPERTY RESTORATioN
(BELFOR USA GROUP, INC.)
governmental agency or where required by operation of law. The confidentiality obligations of the pat -ties under this
Agreement shall survive the termination of this Agreement for a period of one (1) year.
SECTION 7. INSURANCE
Upon request by Owner, Contractor shall provide Owner with a Certificate evidencing that it has obtained insurance
satisfying all requirements as set forth below.
The following policies and coverages shall be furnished by Contractor:
Commercial General and Umbrella LiabilftyInsurance: Contractor shall. maintain commercial general liability (CGL)
coverage, with $2,000,000 combined single limit per occurrence, and $4,000,00�0 in the annual aggregate. CGL insurance
shall be written on Insurance Work Office form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover
liability arising from premises, operations, independent contractors, products -completed operations, personal injury,
contractual liability, broad form property damage liability, products and completed operations coverage and X,CJJ
(explosion, collapse, underground) hazards.
Business Auto Insurance: Contractor shall maintain business auto liability with $ 1,000,000 combined single limit per accident
f'or bodily injury and property damage, without annual aggregate, Defense costs shall be in addition to the limit of liability.
Coverage shall apply to any automobile owned, hired and non -owned.
Workers' Compensation and Employees Liability Insurance: Contractor shall maintain worker's compensation insurance as
required by the state in which the work is being performed and Employer's Liability Insurance in the amount of $500,000 per
accident for bodily injury or disease.
The General Liability and Automobile Liability policies shall contain, or be endorsed to contain the following provisions:
"Owner" and other insureds mentioned in this Section 7 shall be included as Additional Insured and Certificate holder as
respects the Commercial General Liability Insurance and Business Automobile Liability Insurance. This shall apply to claims,
costs, injuries or damages. Owner and other insureds mentioned in Section 7 shall not, be reason of their inclusion as insureds,
become liable for any payment of premiums to carriers for such insurance coverage.
For any claims related to this Project, Contractor's insurance coverage or subcontractors (if applicable) shall be primary
insurance as respects Owner, its partners, principals, officers, directors, agents, employees, representatives, and insurers. Any
insurance or self-insurance maintained by Owner shall be excess of Contractor's insurance and shall not contribute to it.
All insurance policies provided under the Contract Documents shall be endorsed to state that coverage shall not be canceled
except after prior written notice has been given to Owner.
SECTION 8. INDEMNIFICATION
8.1 Indeinnification by Conti -actor. To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless the Owner, and the Owner's representatives, and employees, from all claims for bodily injury, death, and property
damage (including reasonable attorney fees and court costs) to the extent caused by the negligent acts or omissions of
Contractor, its subcontractors, or anyone employed by either one of them for whose acts they may be liable. Contractor shall
be entitled to reimbursement of any defense costs paid above Contractor's percentage of liability for the underlying claim.
VA 3/18
Page 5 of 9
13ELFOR (01
PROPERTY RESTORATION
(BELFOR USA GROUP, INC.)
8.2 Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless
Contractor, and Contractor's officers, directors, members, agents, and employees, subcontractors, or anyone employed by any
of there for whose acts any of them may be liable from all claims for bodily injury and property damage (including reasonable
attorney fees and Court costs and expenses) to the extent caused by the negligent acts or omissions of Owner, or Owner's
officers, directors, members, agents, employees, and subcontractors. Owner shall be entitled to reimbursement of any defense
costs paid above Owner's percentage of liability for the underlying claim.
8.3 Limitation on Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY
OR ANY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF,
OR RELATING TO, AND/OR IN CONNECTION WITH ANY TORT OR BREACH OF CONTRACT,
REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NO'r ITWAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
8.4 Maximum Liability. IN NO EVENT SHALL CONTRACTOR's AGGREGATE LIABILITY ARISING OUT
OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE
AMOUNTS PAID TO CONTRACTOR PURSUANT TO THIS AGREEMENT IN THE TWELVE MONTH
PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8.5 Environmental Hazards. Contractor shall have DO liability for, and shall be indemnified and held harmless from and
against, all clairns, damages, liabilities, and costs arising out of or relating to the presence, discovery, or failure to discover,
remove, address, remediate or Cleanup environmental or biological hazards including, but not limited to, mold, fungus,
hazardous waste, substances or materials, or asbestos Unless the Work specifically calls for Contractor to perform hazinat
discovery, mold remediation or abatement services.
SECTION 9. WARRANTY
CONTRACTOR GIVES NO EXPRESS OR IMPLIED WARRANTIES FOR EMERGENCY SERVICES.
OWNER ACKNOWLEDGES AND UNDERSTANDS THAT THE PROPERTY MAY CONTAIN MOLD. OWNER
ACKNOWLEDGES THAT CONTRACTOR GIVES NO EXPRESS OR IMPLIED WARRANTIES FOR
EMERGENCY SERVICES AND/OR THE WORK. AND HEREBY WAIVES ANY WARRANTY, INCLUDING,
BUT NOT LIMITED TO, THE WARRANTY OF HABITABILITY AND THE WARRANTY OF GOOD
WORIC-MANSHIP. For reconstruction set -vices only, Contractor warrants to Owner that all materials and equipment used
in or incorporated into the Work will be of good ClUality and free of liens (to the extent payment has been received), claims,
and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work
will be of good quality, installed in a good and workmanlike manner, and free from defects; and the Work will conforill with
the requirements of this Contract and all applicable codes. The foregoing Warranty shall commence on the date of the project's
substantial completion and continue for a period of one (1) year. The Contractor's warranty excludes remedy for damage or
defect caused by abuse, modifications not executed by Contractor, improper or insufficient maintenance, improper operation
or normal wear and tear and normal usage. All warranties are contingent upon full payment to the Contractor. If any goods or
materials provided by Contractor in the performance of the Work are warranted by the manufacturer, then Contractor shall
make every effort to transfer to Owner all such warranties (and deliver all documents evidencing Such warranties).
Further, mold and asbestos abatement work is not warrantable and Owner agrees that no written or implied warranty exists
for such work. Work performance is complete upon clearance testing of the work by an Industrial Hygienist with such test
results subject to current industry standards and local environmental conditions.
VA 3M
Page 6 of 9
BELFOR 40)
PROPERTY RESTORATION
(BELFOR USA GROUP, INC,)
SECTION 10. TERMINATION
Termination for Convenience. Either party may terminate this Agreement, at any time, and for any or no reason
whatsoever, by giving the other party not less than thirty (30) days advance written notice of same, which notice shall
specify the effective date of early termination. Contractor shall receive compensation for all the Work performed through
the effective date of early termination.
Termination for Cause. Contractor may terminate this Agreement or suspend performance of the Services if Owner
fails to pay Conti -actor any undisputed amounts when due and Owner fails to cure such failure within ten (10) days after
receipt of written notice from Contractor.
SECTION It. ASSIGNMENT AND SUBCONTRACTING
11.1 Assignment. The parties shall not assign or transfer this Agreernent or any of their obligations arising hereunder to
any third party without the written consent of the other party. Any assignment or transfer without said consent shall be null
and void.
11.2 Subcontracts. Contractor may utilize any subcontractor in connection with providing the Work upon giving notice
to the Owner. Utilization by Contractor of, or Owner's approval of, any subcontractor shall in no way relieve Contractor of
any of its obligations or liabilities under this Agreement.
SECTION 12. CHANGE IN THE WORK
If the parties hereto agree to a stipulated sum for the Contract Sum, then by appropriate Change Order ("Change
Order"), changes in the Work may be accomplished after execution of the Contract, The Owner, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other
revisions, with the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized
by written Change Order signed by the Owner and Contractor. Adjustments in the Contract Sum and Conti -act Time resulting
from a change in the Work shall be determined by mutual agreement of the parties, by the Contractor's cost of labor, material,
equipment, and reasonable overhead and profit, unless the parties agree on another method for determining the cost or credit.
SECTION 13. RFAXASES
Owner releases Contractor from:
(a) work limitations or policy defenses imposed by Owner's insurer and for work not performed due to the refusal of
Owner's insurance company to pay for it.
(b) claims caused by any environmental consultant for re -growth after "clearance" is obtained from an environmental
consultant or due to un-remediated pre-existing conditions.
(c) performing mold remediation not specifically described and included in an approved scope of work.
(d) damage to Owner's personal property. Owner is responsible for removing and declaring, in writing, Owner's
personal property before Contractor begins any work at the Property. Owner waives any content damage or theft
clairns against Contractor for any property not removed by Owner.
SECTION 14. NOTICE
Any information or notices required to be given tinder this Agreement must be in writing and delivered either by: (i)
certified mail, return receipt requested, in which case notice will be deemed delivered three (3) business days after deposit,
postage prepaid; (ii) a reputable messenger service or a nationally recognized overnight courier, in which case notice will be
V 13/18
Page 7 of 9
BELFOR
PROPERTY RESMIZATIOT4
(BELFOR USA GROUP, INC.)
deemed delivered one (1) business day after deposit with such messenger or courier; or (iii) personal delivery with receipt
acknowledged in writing, in which case notice will be deemed delivered when received. All notices should be addressed as
follows:
For the Owner:
For the Contractor:
Attention: General Counsel
BELFOR USA Group, Inc.
185 Oakland Ave., Ste 150
Birmingham, MI 48009
The foregoing addresses may be changed from time to time by notice to the other party in the manner set forth above.
SECTION 15. MISCELLANEOUS
15.1 Independent Parties. The Contractor is an independent contractor and not an employee of the Owner. Nothing in
this Contract shall be interpreted as creating any joint venture, partnership, joint tenancy, agency or other similar legal
relationship between Owner and Contractor, or as creating any contractual obligation, whether direct, indirect or third party
beneficiary, on the part of Owner to any Subcontractor.
15.2 Force Ma icure. Any delay or failure by either party in the performance of its obligations shall not constitute a default
or give rise to any claim for damages if, and only to the extent and for such period of time that; (i) such delay or failure is
caused by an event or Occurrence beyond the control and without the fault or negligence of such party or any subcontractor,
supplier, or other party acting under or through Such party; and (ii) said party is unable to prevent such delay or failure through
the exercise of reasonable diligence. Events that shall be deerned to be beyond the control of the parties hereto shall include,
but not be limited to: acts of nature or the public enemy; expropriation or confiscation of facilities by governmental or military
authorities; changes in laws; war, acts ofterrorism, rebellion, sabotage or riots; floods, unusually Severe weather that could
not reasonably have been anticipated; fires, explosions, or other catastrophes; or, other similar Occurrences.
15.3 No Waiver. Failure of either Party at any time to require performance by the other party of any provision hereof shall
in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by a party of a breach
of any of the provisions hereof constitute a waiver of any succeeding breach of the same or any other provision.
15.4 Severability. If any provision hereof is deemed to be invalid or unenforceable Linder applicable law, this Agreement
shall be considered divisible as to SLICII provision and such provision shall thereafter be inoperative, provided however, the
remaining provisions of this Agreement shall be valid and binding.
15.5 Governing Law. This Agreement will be interpreted and enforced Linder the law where the Work was
performed without regard to laws of any other jurisdiction.
15.6 Entire Agreement, This Agreement constitutes the entire agreement between the parties with respect to the work
and supersedes all prior negotiations, representations or agreements relating thereto either written or oral, except to the extent
that they are expressly incorporated herein. All exhibits and attachments hereto are incorporated into and made a pail of this
Agreement. Unless otherwise expressly provided herein, no changes, alterations or modifications to this Agreement shall be
effective unless in writing and signed by the respective pat -ties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written, the
corporate parties by their officers duly authorized,
V.1 V18
Page 8 of 9
Owner: City of South Bend
By: APP40vul)
PIP
V.1 3/18
Page 9 of 9
13ELFOR 401
PROPERTY RESTORATION
(BELFOR USA GROUP, INC.)
BELFOR USA Group, Inc. (Contractor)
By:
Name; -HankManalli-----
Title: General Manager__
Date:
EXHIBIT A- SCOPE OF WORK
EXHIBIT B
BELFOR'S RATE AND MATERIAL SCHEDULE
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
10/01/2018
Alicia Czarnecki/Kara Bovles
Purchasing
® Michael Schmidt
Department Engineering
❑ Agreement
[ I Contract L] Proposal Ll Addendum
® Professional Services
❑ Resolution
❑ Bid Opening
❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening
❑ Quote Award
❑ Change Order No.
❑ C/O & PCA No. ❑ PCA
❑ Ease/Encroach.
❑ Traffic Control
n Other:
Company or Vendor Name Belfor USA Group, Inc.
New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE ❑ WBE
MBEIWBE Contractor Requested ❑ No ❑ Yes Name of Company
Project Name Morris Theater Emergency Plaster Work
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
118-094
Liability Insurance
226-0419-672.43-02
$14,566.00
Emergency work necessary to secure ceiling of Morris Performing
Arts Center and gain occupancV approval after plaster fell from rim
of main dome.
❑ Required Contractor's Certification Form Attached (Non -
Collusion. Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of ❑ Increase
❑ Decrease
Previous Amount:
Current Percent of Change:
New Amount
Total Percent of Change:
Copy
Original
®
❑
®
❑
❑
❑
Jeff Jarnecke
Kara
Dispersal After Approval