R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07

Home Browse Search

A.1.8 Harm to Structure of the Premises. The COMPANY shall perform the Work under this Agreement and install the EMs in such a manner so as not to harm the structural integrity of the Premises or their operating systems, except as specifically described in the Project Documents which have been approved by the CITY. The COMPANY shall repair and restore to its condition immediately preceding the performance of the Work, any area of damage caused by its performance under this Agreement which has not been so described in the Project Documents and approved by the CITY. The COMPANY's failure to complete the repair or restoration required under this paragraph A.1.8 shall constitute an Event of Default under paragraph 11.3 hereof. A.1.9 Responsibility for Damages. The COMPANY shall be responsible for all loss or damage to the Work, the Premises, or to improvements or personal property thereon directly caused by the COMPANY's performance of the Work. A.1.11 Verification of Dimensions and Existing Conditions. The COMPANY is responsible for becoming knowledgeable of the conditions of the Premises relating to the performance of the Work and the conditions under which the Work is to be performed, other than concealed conditions which the COMPANY should not have reasonably been expected to discover or anticipate. All discrepancies between the requirements of the Project Documents and the existing conditions or dimensions shall be reported to the CITY as soon as they are discovered. Failure to so report shall constitute the COMPANY's acceptance of existing conditions as fit for the proper execution of the Work under this Agreement, other than concealed conditions which the COMPANY should not have reasonably been expected to discover or anticipate. A.1.12 Chanqed Conditions. Should the COMPANY encounter subsurface or latent physical conditions at the site which differ materially from those indicated in the Project Documents or from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Agreement, the COMPANY shall give written notice to the CITY before any such condition is disturbed or further disturbed. No claim of the COMPANY under this provision will be allowed unless the COMPANY has given the required notice. The CITY will promptly investigate and, if it is determined that the conditions materially differ from those which COMPANY should reasonably have been expected to discover or anticipate, the CITY will approve such changes in the Project Documents as may be necessary. If such changed conditions cause an increase or decrease in the COMPANY's cost or time of performance, the parties may negotiate a mutually acceptable solution. A.2 The CITY's Right to CaLW Out the Work. A.2.1 In the event that the COMPANY neglects or fails to carry out the Work in accordance with this Agreement and the Project Documents, the CITY may correct such deficiencies after giving twenty (20) business days written notice to the COMPANY and its surety. This shall be without prejudice to any other remedy the CITY may have. CITY may deduct from the payments to be made to the COMPANY for the Work, pursuant to paragraph 6.1 hereof and of Schedule C, the amount of all costs incurred in correcting deficiencies made necessary by such neglect or failure. If such payments to be made to the COMPANY are not sufficient to cover such amount, the COMPANY shall be liable in such amount to the CITY. A.2.2 Emergencies. In case of bona fide emergencies as determined by the CITY involving public health or public safety or to protect against further loss or damage to the CITY's property or to prevent or minimize serious disruption of CITY services or to insure the 22