Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article VI - Management and Operation their design, and their physical condition relevant to the obligations of the Authority pursuant to this Service Contract, including structural and operating conditions, roads, Utilities, topographical conditions; (2) the Authority is familiar with current local conditions which may be material to the Authority's performance of its obligations under this Service Contract; (3) the Authority has received and reviewed the Reference Documents, the background documents provided by the City in the RFP process and other records and information pertaining to the Facilities that it has deemed necessary to receive and review for the purposes of entering into and performing this Service Contract, and assumes the risk of incompleteness or inaccuracy in any information provided to it by the City or third parties in the process of entering into this Service Contract; and (4) based on the foregoing, the Facilities can be managed, operated, maintained, repaired and replaced, so as to comply with the Performance Guarantees and the other terms and conditions hereof. (B) "As-Is" Condition of Facilities. Based on its review of the design drawings, plans and specifications pertaining to the Plant, its inspections of the Facilities, and other inquiries and investigations made by the Authority prior to the Commencement Date, which the Authority acknowledges to be sufficient for this purpose, the Authority assumes the risk of the adequacy and sufficiency of the Facilities and the existing, "as-is" condition of the Facilities as such condition may affect the ability of the Authority to comply with Applicable Law, meet the Performance Guarantees, meet its maintenance, repair and replacement obligations or perform any of its other obligations hereunder on the schedule and for the compensation provided for herein. Prior to the Commencement Date, the Authority will provide the City written notification of any defect, flaw, error, inoperability, inadequacy or other condition or aspect of the existing condition of the Facilities which exists. Any such defect, flaw, error, inoperability, inadequacy or other condition or aspect not identified by the Authority in its notice to the City as of the Commencement Date or which may be revealed during the performance hereof shall not be an Uncontrollable Circumstance. The Authority's assumption of risk under this subsection is subject to the limitations provided in subsection (C) of this Section. (C) Limitations on the Authority's Assumption of "As-Is" Risk. It is specifically understood that the Authority's assumption of the "as-is" risk of the condition of the Facilities as provided in subsection (B) of this Section shall not extend to the following: (1) Pre-Existing Environmental Conditions, (2) Specified Site Conditions and (3) the actual condition of structures and equipment which could not have been known to the Authority prior to the Commencement Date or could not have been verified by the Authority prior to the Commencement Date without cutting through such equipment or structures, draining or removing material therefrom or unreasonably materially interfering with the operation of the Facilities, but only to the extent that such conditions could not have been reasonably 35