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Res 1999-107
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Res 1999-107
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8/22/2006 3:27:26 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1999-107
Date
5/10/1999
Volume Book
136
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<br />1 the treatment and delivery of raw water requiring disposal. <br />2 <br />3 RFP - The Request for Qualifications and the Request for Proposals for the Contract <br />4 Operations of the Plant. <br />5 <br />6 Service Fee - The amount of total compensation to be paid by the City to GBRA for the <br />7 duties, responsibilities and obligations as described in the Contract. <br />8 <br />9 Subcontractor - A person or firm that has a direct contract with GBRA or with another <br />10 subcontractor to perform a part of the work at the Plant or to supply any materials, <br />11 equipment, supplies or services involved in the operation or maintenance of the Plant. <br />12 <br />13 TNRCC - The Texas Natural Resource Conservation Commission, or any successor agency. <br />14 <br />15 Utilities - Potable water, wastewater, gas, electricity and telephone services. <br />l6 <br />17 ARTICLE 2 - TERM OF CONTRACT; RENEWAL <br />18 <br />19 The initial contract term shall be for a period offive years from date of Notice to Proceed. <br />20 The City of San Marcos has the option to renew the contract for up to 10 one-year renewal <br />21 terms. If the City intends to renew the contract, GBRA will be given 120 days advance <br />22 notice of the intention to renew. Any such renewal shall be made on the same terms and <br />23 conditions as are applicable during the initial term. Renewal options are subject to the <br />24 changes in fees described in Section 6.10 ofthis Contract. <br />25 <br />26 Section 2.01 - DefaultlTermination <br />27 A. The City reserves the right to terminate the Contract in whole or in part due to <br />28 failure of GBRA to carry out any term, promise, or condition of the Contract. <br />29 The City may issue a written notice of default to GBRA if, in the City's opinion, any ofthe <br />30 following default events has occurred: <br />31 1. GBRA provides material that does not meet the requirements of the Contract; <br />32 2. GBRA fails to perform adequately the services required in the Contract; <br />33 3. GBRA furnishes to the City any material, products, service, or workmanship <br />34 which is of an unacceptable quality; <br />35 4. GBRA fails to complete any of the required work or furnish any of the required <br />36 materials within the time frame stipulated in the Contract; <br />37 5. GBRA fails to make progress in the performance of the requirements of the <br />38 Contract and/or gives the City a positive indication that GBRA will not or cannot <br />39 perform to the requirements of the Contract; <br />40 6. GBRA fails to provide adequate insurance coverage; <br />41 7. GBRA violates any provision of the Contract or fairs to fully perform any <br />42 obligation under the Contract; or <br />43 8. GBRA violates any federal, state, or local law or regulation. <br /> <br />SAN MARCOS REGIONAL <br />SURFACE WATER TREATMENT PLANT <br /> <br />OPERA. nON CONTRACT <br /> <br />5-6-99 <br />PAGE 3 <br />
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