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Home My WebLink About6B (4)/ 4. DIAMOND ENVIRONMENTAL SERVICES, INC. Phone: (574) 246 -9902 Fax: (574) 246 -9905 (888) 246 -9920 March 7, 2012 Wightman Petrie Inc. 412 S. Lafayette Blvd. South Bend, Indiana 46601 Attention: Mr. Conley Phifer Reference: Synagogue Building South Bend, In. 20587 Trowbridge Lane South Bend, Indiana 46637 www.Diamondenviro.com ("'?' (4) Dear Mr. Phifer: Diamond Environmental Services, Inc. proposes to furnish all material, and perform all necessary labor to complete the above referenced project. Per our walk thru and discussions, the following price is per your request and inspection report Lead Paint. SCOPE OF WORK: ♦ All work to be completed with use of negative pressure ♦ Scrap and remove loose plaster in stairway leading to 2nd floor ♦ Scrap loose paint on 2nd floor wall along stairway ♦ Scrap loose paint chips under banister on 2nd level and 4' under railing ♦ Strip paint from one (1) window ledge on North East corner of building ♦ Scrap loose paint and plaster on one (1) wall in basement, all plaster will be removed from where the general contractor has to make cuts, any other areas of plaster that will not come off will be encapsulated and scrapping ♦ Removal of asbestos seam tape in basement ♦ Removal of asbestos floor tile in basement approximately 50 SgFt ♦ Hazardous Disposal Fees ♦ OSHA required air monitoring BASE BID ........... ............................... S5,645.00. The following items are NOT included in our scope of work: ♦ Replacement of any removed materials *No common wage scale is included F. _./ t All payments shall be paid to Diamond Environmental Services, Inc. within fifteen (15) days of the date of any invoice submitted to the Client from Diamond Environmental Services, Inc. A finance charge of 1.5% per month (18 percent per year) will be added to all past due accounts. Diamond Environmental Services, Inc. shall commence rendering the services at a time mutually and reasonably agreed upon by the parties and shall continue in effect until all amounts due and owing to Diamond Environmental Services, Inc. have been paid. I understand that this Scope of Work Agreement is subject to the Diamond Environmental Services, Inc. Terms and Conditions. I have read, understand and accept the Diamond Environmental Services, Inc. Terms and Conditions attached hereto: Client: By: Print Name Title Date Executed: V---1 DIAMOND ENVIRONMENTAL SERVICES, INC. TERMS AND CONDITIONS The following terms and conditions apply to all tenders, quotations and sale orders placed with Diamond Environmental Services, Inc. ( "Diamond ") except were expressly modified in writing. The placing of an order and /or letter of intent with Diamond shall be deemed to be an unconditional acceptance of these Terms and Conditions which shall supersede any previous agreements, whether oral or in writing, unless expressly provided otherwise in writing. SERVICES Diamond Environmental Services, Inc. shall perform all services in a prompt and workmanlike manner. All services will be carried out during normal business hours, Monday through Friday, unless stated otherwise. CLIENT'S RESPONSIBILITIES The Client shall provide Diamond Environmental Services, Inc. access to all facilities, plans, drawings and equipment owned and /or controlled by the Client which is reasonably necessary in order for Diamond Environmental Services, Inc. to fully perform its services agreed upon herein. USE OF AGENTS OR ASSISTANTS To the extent reasonably necessary to enable Diamond Environmental Services, Inc. to perform the duties under these Terms and Conditions, Diamond Environmental Services, Inc. shall be authorized to engage the services of any agents or assistants and may further employ, engage, or retain the services of any other persons or corporations to aid or assist in the proper performance of the duties. EXPRESS DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. EACH PARTY HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY WARRANTY MADE BY THE OTHER EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS. FORCE MAJEURE In the event that Diamond Environmental Services, Inc. shall be delayed or hindered in, or prevented from, the performance of any work, service, or other act required under any agreement and these to be performed by such party and such delay or hindrance is due to strikes, lockouts, Acts of God, governmental restrictions, enemy act, civil commotion, fire or other casualty, or other causes of a like nature beyond the control of the party so delayed or hindered, then performance of such work, service, or other act shall be excused for the period of such delay and the period for the performance of such work, service, or other act shall be extended for a period equivalent to the period of such delay. P-1 i ARBITRATION The parties shall engage in good faith efforts to resolve any disputes which may arise between them under these Terms and Conditions. Any dispute which the parties are unable to resolve after such efforts shall be resolved by arbitration to be conducted in St. Joseph County, Indiana. Arbitration may be initiated at the election of either party by notice given to the other party. Client's Initials ASSIGNMENT Neither these Terms and Conditions nor any duties or obligations under these Terms and Conditions shall be assignable by the Client without the prior written consent of Diamond Environmental Services, Inc. In the event of an assignment by the Client to which Diamond Environmental Services, Inc. has consented, the assignee or a legal representative shall agree in writing with Diamond Environmental Services, Inc. to personally assume, perform, and be bound by the covenants, obligations, and agreements contained in this these Terms and Conditions. SUCCESSORS AND ASSIGNS Subject to the provision regarding assignment, these Terms and Conditions shall be biding on the heirs, executors, administrators, legal representatives, successors, and assigns of the respective parties. DAMAGE TO CLIENT'S PROPERTY While Diamond Environmental Services, Inc. will exercise reasonable skill and care to ensure that there is no damage to the Client's property, Diamond Environmental Services, Inc. will accept no responsibility for damage however arising, unless it can be clearly and unambiguously demonstrated to be a result of the Diamond Environmental Services, Inc.'s negligence. DEFECTS The Client acknowledges the right of Diamond Environmental Services, Inc. to correct any agreed insufficiency or defects in works done and to address any reasonable cause for complaint by the Client. If Diamond Environmental Services, Inc. is prevented by the Client from taking appropriate remedial action within a reasonable time after completion of the work, the Client will become solely responsible for any subsequent costs of remedial works and /or alternative remedial actions whether agreed with Diamond Environmental Services, Inc. or not. g-"J", . INDEMNIFICATION The Client shall indemnify, defend and hold harmless Diamond Environmental Services, Inc. and its agents and employees of and from any and all claims, losses, liabilities, injuries, costs, damages, sanctions, penalties, expenses or other demands of every kind and nature whatsoever, including, without limitation, the costs of defending any such claims, liabilities and demands, including, without limitation, reasonable attorneys' and accountants' fees therefore, joint or several, which may be asserted against such Diamond Environmental Services, Inc. by a third party and which arise out of, incident to or in any manner occasioned by the performance or non - performance by any duty, obligation or responsibility under these Terms and Conditions by the Client hereunder. This provision, shall not apply with respect to any losses that are finally judicially determined to have resulted primarily from the gross negligence or willful misconduct of Diamond Environmental Services, Inc. ATTORNEY'S FEES If any action at law or in equity is brought to enforce or interpret the provisions of any agreement between the parties and /or these Terms and Conditions, Diamond Environmental Services, Inc. shall be entitled to its reasonable attorney's fees and costs in addition to another other relief to which he may be entitled. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY If any provision of these Terms and Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of these Terms and Conditions will be severable and remain in effect. GOVERNING LAW All matters affecting the interpretation of these Terms and Conditions and the rights of the Parties hereto shall be governed by the laws of the State of Indiana without giving effect to its provisions on conflicts of laws. ENTIRE AGREEMENT The quotation and these Terms and Conditions contain the entire agreement of the parties relating to its subject matter. No other agreement, statement, or promise made on or before the effective date of this agreement will be binding on the parties. MODIFICATION BY SUBSEQUENT AGREEMENT These Terms and Conditions may be modified by subsequent agreement of the parties only by an instrument in writing signed by all parties hereto. F: \Wightman Petrie\ synagogue /D12514 \Agreement for Services.doc 09/26/2011