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Res 2016-005/approving an interlocal agreement with the Lower Colorado River Authority for the design, installation and commissioning of a Solar/Photovoltaic System at Five-Mile Dam Park
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Res 2016-005/approving an interlocal agreement with the Lower Colorado River Authority for the design, installation and commissioning of a Solar/Photovoltaic System at Five-Mile Dam Park
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2/8/2016 2:11:56 PM
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Resolutions
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Approving
Number
2016-05
Date
1/19/2016
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6. Payments. All payments to be made to LCRA hereunder are subject <br />to Ch. 2251 of the Texas Government Code, popularly known as the Prompt <br />Payment Act. Payment in full for invoices shall be due within thirty (30) days from <br />date the invoice is received by San Marcos. Invoices paid more than thirty (30) days <br />after the invoice is received are subject to a late charge calculated pursuant to Ch. <br />2251. Charges for equipment purchased, rented, or installed shall be invoiced <br />immediately following delivery or installation with payment due net 30 days. <br />Acceptance of final payment by LCRA shall constitute a waiver of all claims for <br />additional payment by LCRA, except and only to the extent specifically agreed to <br />otherwise by LCRA in writing. <br />7. Project Pricing. LCRA shall be compensated for a total agreed <br />amount, the firm, fixed amount, for the provision of materials under firm, fixed pricing. <br />The firm, fixed amount shall not exceed $50,000.00 and is the total amount that <br />Contractor shall be paid for the Work, which amount shall only be adjusted by <br />Change Order as provided for herein. If the cost of the Work exceeds the firm, fixed <br />amount during the execution of the Work without meeting the Change Order <br />requirements, LCRA shall bear the additional costs to complete the Work, without <br />allowing any delay to the Project Schedule. <br />8. Schedule. Subject to the Force Majeure provision herein and the full <br />and timely performance by San Marcos of its obligations under this Agreement, <br />LCRA will adhere to the project schedule as prescribed in the SOW. <br />9. Access. San Marcos shall provide LCRA with full access to its <br />property for the purposes of construction of the Project and provide space for parking <br />and for the laydown of materials and equipment during construction. <br />10. Availability of Lands. The City of San Marcos shall furnish the Site <br />and will notify LCRA of any encumbrances or restrictions not of general application <br />but specifically related to use of the Site with which Contractor must comply in <br />performing the Work. The City of San Marcos will obtain in a timely manner and pay <br />for easements for permanent structures or permanent changes in existing facilities. <br />LCRA shall confine all of its operations and personnel to those areas of the Site to <br />which The City of San Marcos authorizes access. <br />11. Inspection and Completion. LCRA shall coordinate any inspections <br />and approvals that are required by any local government that has jurisdiction over <br />the locale in which the construction of the Project is taking place, as well as with any <br />utility into which the equipment installed by LCRA is being connected. When LCRA <br />considers the work complete, LCRA will notify San Marcos that the Project will be <br />ready for inspection by a certain date. On the date indicated by LCRA, or as soon <br />thereafter as is practicable, San Marcos shall inspect the work either with its own <br />personnel or a representative. If San Marcos determines that the Project is complete <br />in conformity with this Agreement, except only for completion of minor items which do <br />not impair San Marcos's ability to fully utilize the Project for its intended purpose, San <br />Marcos shall issue a certificate of Substantial Completion, fixing the date of <br />Substantial Completion, and a punchlist of items to be completed, which punchlist <br />LCRA shall have fifteen (15) days, or some other timeframe agreed to by the Parties, <br />Interlocal Agreement for Solar Energy Facility <br />LCRA —San Marcos page 2 <br />
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