Res 2026-015 approving an Out-of-Scope Services Agreement with Operations Maintenance International, Inc., also known as Jacobs, for a headworks septage receiving station rehabilitation at the City of San Marcos Wastewater Treatment Plant

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6.2 In an emergency affecting the safety of persons, work or property at the site and adjacent thereto, Contractor will act at its discretion to protect the persons, property and work from the threatened damage and will notify THE CITY OF SAN MARCOS as soon as practicable. The Contract Price and Contract Time shall be equitably adjusted pursuant to Section 7 below. 7. Limitation of Scope of Services: 7.1 THE CITY OF SAN MARCOS acknowledges that, except to the extent included in the work, Contractor has had no role in generating, treating, storing, or disposing of hazardous waste which may be present at the Project site and Contractor has not benefited from the processes that produced such hazardous w aste. Any arrangements made by Contractor for the treatment, storage, transport, or disposal of any hazardous waste are made solely and exclusively for the benefit of owner using owner's EPA generator identification nuinber(s) when required and shall not result in any liability of Contractor under this agreement or with respect to the hazardous waste. THE CITY OF SAN MARCOS shall handle all hazardous waste in compliance with applicable laws and regulations and shall sign manifests and obtain generator identification numbers when required by laws and regulations. Nothing contained in this agreement shall confer on Contractor the status of (a) a generator, Storer, disposer or treater of hazardous w aste, (b) the party who arranged for the disposal of hazardous waste, or (c) a hazardous waste disposal facility, as provided in any Law or Regulation. 8. Warranties and Completion. 8.1 Contractor warrants that all materials and equipment furnished under this Out -of -Scope Agreement will be new unless otherwise specified, of good quality, in conformance with the contract documents, and free from defective workmanship and materials. Warranties shall commence on the date of Substantial Completion of this Out -of -Scope Agreement or of a designated portion. Contractor agrees to correct all construction performed under this agreement which proves to be defective in workmanship and materials within a period of one year from the date of Beneficial Use or Substantial Completion, whichever occurs first. 8.2 Those products, equipment, systems, or materials incorporated in this Out -of -Scope Agreement at the direction of or upon the specific request of THE CITY OF SAN MARCOS shall be covered exclusively by the warranty of the manufacturer. There are no warranties that extend beyond the description on the face thereof 8.3 ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 9. Substantial Completion, Acceptance, and Final Payment 9.1 Substantial Completion Generally. Unless a date for Substantial Completion is previously agreed, when the drawings and specifications are sufficiently complete, the parties shall establish a date of Substantial Completion before notice to proceed is granted by the City. THE CITY OF SAN MARCOS and Contractor recognize that time is important in the performance of this agreement and that THE CITY OF SAN MARCOS will enjoy substantial benefit if this Out -of -Scope Agreement is completed by the Substantial Completion date set forth in any agreed schedule. Contractor shall use its best efforts to complete services pursuant to each Out -of -Scope Agreement by the Substantial Completion date as defined by the baseline execution schedule. Substantial Completion of the services, or of a designated portion, occurs on the date when construction is sufficiently complete in accordance with the contract documents so that THE CITY OF SAN MARCOS can occupy or utilize the Project, or a designated portion, for the use for which it is intended. 9.2 Notice of Substantial Completion. Contractor will notify THE CITY OF SAN MARCOS when the construction work is substantially complete. Within 5 business days, THE CITY OF SAN Page 4 of 5