Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article XN - Miscellaneous Provisions of a 365-day year, counting the actual number of days elapsed, and such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due as accrued. SECTION 14.6. NEGOTIATED FIXED PRICE WORK. (A) Base Fee Component of the Service Fee. The Base Fee Component of the Service Fee has been initially fixed and agreed to by the parties based on the Authority's proposal submitted in response to the RFP as further changed during the negotiation of this Service Contract, and is not subject to Cost Substantiation. (B) Negotiated Pricing of Work for Which the City is Financially Responsible. This Service Contract obligates the City to pay for certain costs resulting from Uncontrollable Circumstances, Change in Law, City Breach and otherwise as more specifically provided herein. It is the expectation of the parties, in general, that the City will pay for such costs on a negotiated lump sum basis, or by an addition to the Base Fee, and that the price will be negotiated in advance of the Authority's performance of the work in all instances where it is practical to do so. For example, if a Change in Law occurs, as required under Section 12.2 the parties will assess the impact of the Change in Law, take all appropriate mitigation steps, determine any necessary Capital Modifications and operating changes, and agree upon pricing. To facilitate such negotiations, the Authority shall fumish the City with all information reasonably required by the City regarding the Authority's expected costs of performing the work and its mark-up. Once the parties agree upon the price, the Authority's actual costs of performance shall not be subject to Cost Substantiation unless after-the-fact Cost Substantiation with respect to all or a portion of the Authority's actual costs was agreed to by the parties in establishing the price. SECTION 14.7. COST SUBSTANTIATION. (A) Cost Substantiation Generally. The Authority shall provide Cost Substantiation for the costs for which the City is financially responsible hereunder, other than the Base Fee and the Pass-Through Cost Components of the Service Fee, and costs for which the parties have negotiated a lump sum price, all as provided in Section 14.6. In incurring costs which are or may be subject to Cost Substantiation, the Authority shall utilize competitive practices as required by Applicable Law. (B) Costs Requiring Cost Substantiation. Cost Substantiation shall be provided as soon as reasonably practicable after the costs which require substantiation have been incurred by the Authority. Examples of costs which require substantiation could include, but are not limited to: (1) work done on an emergency basis to respond to an Uncontrollable Circumstance, where it is not reasonably practicable for the parties in advance to negotiate a price for the work; and (2) work done as a Change Order authorized by the City. Cost Substantiation shall also be required where the parties agree that the Authority shall perform work on a cost-plus basis. 90