Res 2005-127 - Laserfiche WebLink

Home Browse Search

City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article IX - Capital Modifications Implementation procedures may include, without limitation and to the extent permissible under Applicable Law, (1) contracting with third parties for the implementation of the Capital Modification on a traditional design/bid/build or other basis, with the City rather than the Authority responsible for the design and construction of the Capital Modification, or with the Authority acting as the City's agent in the design/bid/build process; (2) contracting with the Authority to manage a competition on behalf of the City for design/build services to implement the Capital Modification; and (3) contracting with the Authority to implement the Capital Modification on a design/bid/buiId or other basis. While it is the intention of the City to have the Authority operate, maintain, repair, replace and manage Capital Modifications on an integrated basis with the Facilities, the City is not obligated to do so. The City and the Authority shall endeavor to negotiate changes to this Service Contract with respect to Capital Modifications. If the negotiations are unsuccessful, the City may contract for such services with a third party, so long as any such third party contract does not impair the Authority's rights under this Service Contract or the Authority's ability to operate and maintain the Facilities in accordance with Good Industry Practice. The City may determine to proceed with an implementation procedure for Capital Modification at any time, whether before or after entering into negotiations with the Authority under the optional implementation procedure specified under Section 9.6. No altemative implementation procedure for Capital Modifications shall impair the Authority's rights under Section 9.8. SECTION 9.6. OPTIONAL PROCEDURE FOR IMPLEMENTING CAPITAL MODIFICATIONS. (A) Preliminary Authority Plan and City Review. At the written request of the City and the cost and expense of the Authority, the Authority may prepare and deliver to the City a preliminary plan for the implementation of the Capital Modification. The preliminary plan shall include recommendations as to technology, design, construction, equipment, materials, and operating and performance impacts. A preliminary schedule, and capital and operating cost estimates shall be included, together with a brief assessment of possible alternatives. The preliminary plan shall specifically evaluate reasonable altematives to the proposed Capital Modifications and changed operating and management practices which the Authority is recommending. The City shall review the Authority's preliminary plan and recommendations, and undertake discussions with the Authority in order to reach agreement on a method for implementing the Capital Modification. (B) Formal Authority Implementation Pro-posal. Following agreement on the method for implementing the Capital Modification, at the written request of the City the Authority shall submit a formal implementation proposal to the City for its consideration. Theaimplementation proposal shall contain (1) an Authority services element, to be implemented through a separate agreement or an amendment to this Service Contract, and (2) a third party construction services element, to be implemented through third party contracting. The 64