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BayCAP2
<br /> stops are not included in the standard ABM work scope. If additional protection is desired or
<br /> required by the City, bollards or wheel stops can be procured and installed with the city's own
<br /> resources or a proposal can be provided by ABM.
<br /> VII.ABM Terms and Conditions
<br /> A. INDEMNIFICATION. ABM will defend, indemnify and save harmless the Site Host,its officers,
<br /> agents and employees from any and all claims,demands,damages,costs,expenses(including
<br /> attorney's fees),judgments or liabilities arising out of this Agreement or occasioned by the
<br /> performance or attempted performance of the provisions hereof; including, but not limited to,any
<br /> act or omission to act on ABM's part,or that of ABM's agents or employees or other independent
<br /> contractors directly responsible to ABM, but only to the extent same are caused by the negligence,
<br /> misconduct,or fault of ABM,ABM's agents or employees or other independent contractors
<br /> directly responsible to ABM. ABM shall notify both the Site Host's Designee and Purchasing
<br /> immediately in the event of any accident or injury arising out of or in connection with this
<br /> Contract.
<br /> B. Contractor Access to Site: The Site Host shall permit ABM ("Contractor"),free and timely access
<br /> to areas and equipment,and allow Contractor to start and stop the equipment as necessary to
<br /> perform required services.All planned work under this Agreement will be performed during
<br /> Contractor's normal working hours.
<br /> C. Workmanship&Warranty: Contractor warrants that the workmanship hereunder shall be free
<br /> from defects for one year from date of installation. If any replacement part or item of
<br /> equipment proves defective,Contractor will extend to Customer the benefits of any warranty
<br /> Contractor has received from the manufacturer. Removal and reinstallation of any equipment or
<br /> materials repaired or replaced not under a manufacturer's warranty will be at Customer's
<br /> expense and at the rates then in effect.
<br /> D. Alteration to Scope of Work: Any alteration to, or deviation from,the scope of work in this
<br /> Agreement involving extra work, cost of material or labor will become an extra charge (fixed-
<br /> price amount or on a time-and-material basis at Contractor's rates then in effect)over the sum
<br /> stated in this Agreement.
<br /> E. Liability for Delay: Contractor shall not be liable for any delay, loss, damage,or detention
<br /> caused by unavailability of machinery, equipment or materials, delay of carriers, strikes,
<br /> including those by Contractor's employees, lockouts, civil or military authority, priority
<br /> regulations, insurrection or riot,action of the elements,forces of nature,or by any cause
<br /> beyond its control.
<br /> F. OSHA Provisions: Site Host shall make available to Contractor's personnel all pertinent Material
<br /> Safety Data Sheets(MSDS) pursuant to OSHA's Hazard Communication Standard Regulations.
<br /> G. Toxic and Hazardous Substances: Site Host's obligation under this proposal; and any
<br /> subsequent contract does not include the identification, abatement or removal of asbestos or
<br /> any other toxic or hazardous substances, hazardous wastes or hazardous materials. In the event
<br /> such substances,wastes,or materials are encountered, Contractor's sole obligation will be to
<br /> notify the Site Host of their existence. Contractor shall have the right thereafter to suspend its
<br /> work until such substances, wastes,or materials and the resultant hazards are removed.The
<br /> time for completion of the work shall be extended to the extent caused by the suspension and
<br /> the contract price equitably adjusted.
<br /> H. Damage Limitation: UNDER NO CIRCUMSTANCES,WHETHER ARISING IN CONTRACT,TORT
<br /> (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL CONTRACTOR BE RESPONSIBLE FOR
<br /> Bay Area Charge Ahead Project 2-Approval to Proceed I July 30,2014 I page 7
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