Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article I - Defmitions and Interpretation (E) Entire Service Contract. This Service Contract contains the entire agreement between the parties hereto with respect to the transactions contemplated by this Service Contract. Without limiting the generality of the foregoing, this Service Contract shall completely and fully supersede all other understandings and agreements among the parties with respect to such transactions, although the City recognizes that the Authority, in entering into this Service Contract has relied upon the City's RFP, the proposal of the Authority submitted in response thereto, and the amendments or supplements to the RFP and the proposal. The Raw Water Contract and the Regional Agreement between the parties are not altered or superceded by this service contract. (F) Standards of Workmanship and Materials. Any reference in this Service Contract to materials, equipment, systems or supplies (whether such references are in lists, notes, specifications, schedules, or otherwise) shall be construed to require the Authority to fumish the same in accordance with the grades and standards indicated in this Service Contract. Where this Service Contract does not specify any explicit quality or standard for construction materials or workmanship, the Authority shall use only workmanship and materials of a quality consistent with that of construction workmanship and materials in accordance with Good Engineering and Construction Practices and Good Industry Practices. (G) Technical Standards and Codes. References in this Service Contract to all professional and technical standards, codes and specifications are to the most recently published professional and technical standards, codes and specifications of the institute, organization, association, authority or society specified, all as in effect as of the Contract Date. Unless otherwise specified to the contrary, all such professional and technical standards, codes and specifications shall apply as if incorporated herein. (H) Causing Performance. A party shall itself perform, or shall cause to be performed, the obligations affIrmatively undertaken by such party under this Service Contract, subject to any limitations specifically imposed hereby with respect to Subcontractors or otherwise. (I) Party Bearing the Cost of Performance. All obligations undertaken by each party hereto shall be performed at the cost of the party undertaking the obligation, unless the other party has explicitly agreed herein to bear all or a portion of the cost either directIy or by reimbursement to the other party or through an adjustment to the Service Fee. (J) Assistance. The obligations of a party to cooperate with, to assist or to provide assistance to the other party hereunder shall be construed as an obligation to use the party's personnel resources to the extent reasonably available in the context of performing their normal duties, and not to incur material additional overtime or third party expense unless requested and reimbursed by the assisted party. 18