Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract include long-term performance guarantees with respect to the Capital Modification. The third party construction services element shall be a proposal by the Company 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 completing the Capital Modification. The bidding process shall include an advertisement for bids and a construction contract award to the lowest responsible bidder, and shall be conducted in accordance with the requirements of Applicable Law which govern construction projects undertaken by the City. A competitive proposal process shall include a request for proposals and a design/build contract award to the proposer whose proposal offers the best value to the City. The City shall be a party to all such construction contracts or design/build contracts unless the City determines otherwise as permitted by Applicable Law. (C) Negotiation and Finalization of Company Implementation Proposal. The parties shall proceed, promptly following the City's review of the Company's submittal and quotation, to negotiate to reach 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 Company 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) any adjustments to the Service Fee resulting from the Capital Modification, including any related operation, maintenance, repair and replacement costs, (10) a financing plan, and (11) any other appropriate amendments to this Service Contract. The Company 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 Company for any costs incurred pursuant to this Section C except as part of a negotiated amendment to this Service Contract. SECTION 10.7. FINANCING CAPITAL MODIFICATIONS. (A) City Financing. The City shall provide financing for any Capital Modification for which it is financially responsible under this Article, and, in the event the Company is selected to implement the Capital Modification, shall make the proceeds of the fmancing available to the Company to pay the negotiated price on the milestone schedule and subject to any retainage or other conditions negotiated by the parties pursuant to this Section. (B) Company Financing. The City may elect, notwithstanding the provisions of subsection (A) of this Section, to request that the Company finance all or any portion of the cost of any Capital Modification which the Company is implementing pursuant to this Article. 73