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 Authority services element shall contain (a) the Authority's proposal to perform design, construction management and acceptance testing services with respect to the Capital Modification for a fIxed price, and shall include a guarantee of the performance of the Capital Modification through an acceptance test and either a good faith estimate of total construction costs or a guaranteed maximum construction price, if so requested by the City and agreed to by the Authority, and (b) the Authority's proposal to operate, maintain, repair, replace and manage the Capital Modification for a fIxed fee, subject to adjustment under Section 10.6, to be added to the Service Fee following construction and acceptance. The third party construction services element shall be a proposal by the Authority to conduct, as allowed by Applicable Law, a bidding process or a competitive proposal process for the construction work or the design/build work involved in implementing the Capital Modification. The bidding process shall include an advertisement for bids and a construction contract award to the lowest responsible and qualified bidder, and shall be conducted in accordance with the requirements of Applicable Law which govem construction projects undertaken by the Authority. The design process for the Capital Modification may be implemented by a competitive proposal process which shall include a request for proposals and a contract award to the most advantageous proposer. (C) Negotiation and Finalization of Authority Implementation Proposal. The parties shall proceed, promptly following the City's acceptance of the Authority's proposal, to negotiate an agreement on price and any adjustment to the terms and conditions of this Service Contract. Any fmal negotiated agreement for the implementation of a Capital Modification by the Authority under this Section shall address, as applicable, (1) design requirements and reviews, (2) construction management services, (3) acceptance tests and procedures, (4) a guarantee of completion and acceptance, (5) performance guarantees, (6) any changes to the Performance Guarantees or other Contract Standards to take effect as a consequence of the Capital Modification, (7) a payment schedule for the design and construction management-related services, (8) provisions for City review, (9) anticipated adjustments to the Service Fee resulting from the Capital Modification, including any related operation, maintenance, repair and replacement costs, (10) a fmancing plan, and (11) any other appropriate amendments to this Service Contract. The fmal adjustments to the Service Fee will be determined by agreement of the parties after the Capital Modification has been implemented and the performance tests have been completed. The Authority shall not be obligated to undertake any such Capital Modification except following agreement as to such negotiated adjustments, unless otherwise required on an emergency basis. The City shall have no obligation to reimburse the Authority for any costs incurred pursuant to the this Section except as part of a separate agreement or a negotiated amendment to this Service Contract. 65