Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article IX - Capital Modifications SECTION 9.2. CAPITAL MODIFICATIONS AT AUTHORITY REQUEST. The Authority may request that a Capital Modification be undertaken either at its cost or the City's cost by giving the City written notice of, and reasonable opportunity to review and comment upon, any such Capital Modification proposed to be made at the Authority's request. The notice shall contain sufficient information for the City to determine that the Capital Modification (1) does not diminish the capacity of the Facilities to be operated so as to meet the Contract Standards, (2) does not impair the quality, integrity, durability and reliability of the Facilities, (3) is reasonably necessary for the Authority to fulfill its obligations under the Service Contract or the Regional Agreement, and (4) is feasible. The implementation of any such Capital Modification shall be subject to the City's prior written approval. The Authority shall not be entitled to any adjustment in the terms of this Service Contract as a result of any such Capital Modification unless approved by the City or made a condition of approval by the City in its sole discretion. SECTION 9.3. CAPITAL MODIFICATIONS DUE TO UNCONTROLLABLE CIRCUMSTANCES. Upon the occurrence of an Uncontrollable Circumstance, the Authority shall propose to the City any Capital Modifications reasonably necessary to address the Uncontrollable Circumstance and to permit the Authority to lawfully perform its obligations under this Service Contract. The Authority shall consult with the City conceming possible means of addressing and mitigating the effect of any Uncontrollable Circumstance, and the Authority and the City shall cooperate in order to minimize any delay, lessen any additional cost and modify the Facilities so as to permit compliance with the requirements resulting from the Uncontrollable Circumstance. The design and construction costs of any such Capital Modification, and any related operation, maintenance, repair and replacement costs, shall be borne by the City except to the extent provided in subsection 12.2(E) pertaining to cost sharing. The implementation of any such Capital Modification shall be subject to the City's prior written approval. SECTION 9.4. CAPITAL MODIFICATIONS AT CITY DIRECTION. The City shall have the right to make Capital Modifications at any time and for any reason whatsoever, whether and however the exercise of such rights affects this Service Contract or the Facilities, so long as the Authority's rights are protected as provided in Section 9.8. The design and construction costs of any such Capital Modification made at the City's direction under this Section, and any related operation, maintenance, repair and replacement costs, shall be bome by the City. The City shall have no obligation to direct the Authority to make any Capital Modification. SECTION 9.5. AVAILABLE PROCEDURES FOR IMPLEMENTING CAPITAL MODIFICATIONS. The City may, in its sole discretion, utilize any procedure available to it or required under the Applicable Law in order to implement a Capital Modification. 63