Res 1999-107 - Laserfiche WebLink

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1 Section 7.01 - Project Modifications at GBRA Request. GBRA may request that Project 2 Modifications be undertaken by written request to the City. The City will review and 3 comment on requested Project Modifications, and the approval of any such request will be 4 at the City's sole discretion. GBRA shall NOT proceed with any Project Modification prior 5 to written approval by the City. 6 7 Section 7.02 - Project Modifications Due to Changes in Applicable Law. GBRA shall 8 be responsible for notifying the City of any change in Applicable Law. Upon the occurrence 9 of a change in Applicable Law that requires a Project Modification to permit GBRA to lO lawfully perform its obligations under the Contract, the City will either direct GBRA to 11 design and propose the Project Modification to the City, or at the City's sole option, the City 12 may secure design and construction services for the Proj ect Modification from other sources. 13 14 Section 7.03 - Project Modification at City Election. At the City's request, GBRA shall 15 design and implement Project Modifications, or accept the implementation of Project 16 Modifications by others, at any time and for any reason whatsoever, whether and however 17 any such directive changes GBRA's obligations, so long as the modifications, when 18 implemented, do not prevent GBRA from meeting the Performance Standards. If the Project 19 Modifications, when implemented, impose significant additional costs on GBRA under the 20 Contract, then GBRA may submit a request for a change to the Service Fee under Section 21 6.07 of this Contract. 22 23 Section 7.04 - Procurement of Project Modifications. All Project Modifications shall be 24 subject to the City's prior written approval. To the extent required by Applicable Law, the 25 City may require that a Project Modification be designed, built, procured and implemented 26 as a City capital improvement project. If undertaken by the City or by a third party 27 contractor, GBRA shall cooperate and assist in the implementation of the Project 28 Modification. 29 30 ARTICLE 8 - UNCONTROLLABLE CIRCUMSTANCES 31 32 Section 8.01 - Definition. In this Contract, "Uncontrollable Circumstance" means any act, 33 event, or condition beyond the reasonable control of a party that prevents the party from 34 performing any obligation under the Contract. An act, event or condition is not beyond the 35 reasonable control of a party if it is a result of any willful or negligent act, error or omission 36 or failure to exercise reasonable diligence on the part of the party. 37 A. Inclusions. Uncontrollable circumstances include, without limitation, the 38 following: 39 1. Acts of God, lightning, windstorm, hail, (but not including reasonably 40 anticipatable weather conditions for the geographic area ef the Project as of the 41 Contract Date), explosion, smoke, aircraft, landslide, earthquake, fire, explosion, 42 flood, sabotage or terrorism, acts of public enemy, war, blockade or insurrection, riot SAN MARCOS REGIONAL SURFACE WATER TREATMENT PLANT OPERATION CONTRACT 5-6-99 PAGE ]4