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

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(i) If feasible, the CITY may direct the COMPANY to modify the scope of the Work to eliminate portions of the Work affected by the undisclosed hazardous substance or material. (ii) The CITY may terminate this Agreement upon payment to the COMPANY of the amount due for services or materials and equipment supplied by the COMPANY prior to suspension of the Work, including damages caused by the delay as prescribed by the Act. Provided, however, that the CITY shall not be liable for damages or other costs or expenses incurred by the COMPANY if the existence of the hazardous substance or material was disclosed to the COMPANY by the CITY or, if as a result of the COMPANY's review of the Project Documents, including any Asbestos Management Plan developed for the Premises and its investigation of the Premises, the COMPANY should reasonably have been expected to discover or anticipate the existence of the hazardous substance or material and the COMPANY could have developed the scope of the Work in such a manner as to avoid said hazardous substance or material. (d) The COMPANY and the CITY agree that any Work relating to (i) asbestos, material containing asbestos, or the existence, use, detection, removal, containment or treatment thereof, or (ii) pollutants, hazardous wastes, hazardous materials, contaminants (collectively "Hazardous Materials") or the storage, handling, use, transportation, treatment or the disposal, discharge, leakage, detection removal or containment thereof is the responsibility of the CITY. Notwithstanding the foregoing, the COMPANY will utilize due diligence in order to determine whether the Work will require the removal of PCB ballasts and whether asbestos is likely to be encountered in the performance of the Work. COMPANY shall notify the CITY in the event the COMPANY encounters such materials in the performance of the Work and cease all Work in any affected areas. If an Asbestos Management Plan has been developed for the Premises, the CITY shall make said plan available for the COMPANY'S review and inspection throughout the Interim Period. A.11 Material and Workmanship. (a) The COMPANY shall ensure that all materials used by the COMPANY and its subcontractors and workmanship performed or caused to be performed by the COMPANY in connection with the Work meets or exceeds all applicable codes and is performed in a workmanlike manner. Where conflicts exist between applicable codes, the more stringent provision shall apply; (b) The COMPANY shall ensure that all equipment and materials to be used in the Work for which Underwriters Laboratory labeling services is provided shall be UL labeled; (c) The COMPANY shall obey the following list of codes where applicable: 1) Applicable construction and electrical code; 2) Underwriters Laboratories (UL); 3) Insulated Power Cable Engineers Association (IPCEA); 4) National Electrical Code (NEC); 5) National Electrical Manufacturers Association (NEMA); 26