2023-03-14-minutes-solid-waste-and-maintenance

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Section 25. 10. Headings. Headings and subtitles used throughout this Contract are for the purpose of convenience only. Section 25.11. Hazardous Materials. Notwithstanding anything to the in this Contract, ESCO shall not provide any services, or incur any liability, related to asbestos or lead based paint or any other kind of hazardous material, including directly or indirectly performing or arranging for the detection, testing, handling, storage, removal, treatment, transportation, disposal, monitoring, abatement or remediation of any contamination at any site at which Work is performed and any soil or groundwater at the site by petroleum or petroleum products, asbestos, PCBs or hazardous, toxic, radioactive or infections substances, including any substances regulated under RCRA, CERCLA or any other federal, state or local environmental laws, regulations, statutes, rules, standards or ordinances including without limitation ionization smoke detectors, ballasts, mercury bulb thermostats, used oil, contaminated filters, contaminated absorbents and refrigerants. In the event ESCO encounters any such materials, ESCO shall immediately notify the Owner and stop work pending further direction from the Owner. The Owner may, in its sole discretion, suspend work on the project pending removal by the Owner of such materials at the Owner's sole cost and expense or terminate this Contract. If the Owner terminates the Contract, all affected future rights and liabilities of the parties hereto shall thereupon cease within thirty (30) days after notice to ESCO. The Owner shall remain liable for all of its rights and liabilities that have accrued prior to the expiration of the thirty (30) day period. The GMIC shall be equitably adjusted and the time for ESCO to perform shall be extended based on impacts associated with such materials and substances. Section 25.12. Public Works Contractor's State License Law. ESCO and its subcontractors and sub -subcontractors shall comply with all laws, government regulations, and orders, and all provisions of this Contract. Section 25.13. Architects or Engineers. If required by the Authority having jurisdiction, construction work done under this Contract must have plans and specifications approved by a licensed architect and/or engineer. Any plans and specifications so required and approved are incorporated herein by reference as part of this Contract. Section 25.14. Presentations to Owner. ESCO shall make presentations as required related to this Contract to the Owner's administration and its governing board and board staff. Section 25.15. Subcontractor Approval. The Owner retains the right to reasonably reject any ESCO-selected subcontractor prior to its commencement of work under this Contract, including ESCO divisions that are performing work, other than commissioning, in a manner similar to that of subcontractors. ESCO must submit names and qualifications of subcontractors at least two (2) weeks in advance of commencement of work and the Owner shall have five (5) days to review such qualifications and provide written notice of the rejection and reasons therefore to the ESCO. If the Owner rejects an ESCO's selected subcontractor, ESCO shall propose another to whom the Owner has no reasonable objection. If the ESCO initially selected subcontractor was reasonably capable of performing the work or services in question, the GMIC and the time for ESCO to perform shall be equitably increased or decreased by the difference, if any, occasioned by such change. The award or rejection of subcontractor bid proposals shall be based on the ESCO (McKinstry)/OWNER/PERFORMANCE CONTRACT 24