Res 1999-107 - Laserfiche WebLink

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I maintenance, repairs and replacement of the machinery, equipment, systems, structures and 2 improvements constituting the Project during the term of the Contract in compliance with 3 the Maintenance Management Plan described in Section 4.2.4 of the RFP. GBRA shall be 4 responsible for costs associated with these responsibilities up to but not exceeding $15,000 5 for a single piece of equipment or other capital items as described in Article 10. The City 6 shall have the right to conduct inspections of the Project at any time in order to assure that 7 the Project's equipment is being properly operated, maintained, repaired and replaced in 8 accordance with the Contract. 9 B. As the Plant is a new facility, construction contract and equipment warranties may 10 be in place. Prior to commencing any repairs during the first year of operation, GBRA shall 11 assess whether they may be correctable under a warranty, and shall contact the City if they 12 believe a warranty issue has arisen, and contact and coordinate any repairs or corrective 13 action under the warranties with the construction contractor and equipment manufacturer. 14 15 Section 4.09 - Staffing. Except as may be otherwise specified in the Contract with respect 16 to a default or City emergency takeover, GBRA shall staff the Project for continuous 17 operation in accordance with the staffing requirements applicable to the Project as 18 promulgated by the State ofT exas (TNRCC). The Plant Manager shall have, at a minimum, 19 a Grade B surface water operator's license, issued by the Texas Natural Resource 20 Conservation Commission. In the event the Plant Manager is replaced by GBRA, GBRA 21 shall submit the name and qualifications of a proposed Plant Manager to the City for 22 approval not less than seven days before the proposed change in personnel. 23 24 Section 4.10 - Subcontractors. 25 A. The City shall have the right to approve all subcontractors hired by GBRA. If 26 GBRA contracts with a subcontractor to operate any component of the Project, the City may, 27 for reasonable cause as determined by the City, require GBRA to terminate the subcontractor 28 and replace the subcontractor with one satisfactory to both parties. 29 B. GBRA remains fully responsible to the City for the acts and omissions of its 30 subcontractors and persons indirectly employed by GBRA, as it is for the acts and omissions 31 of persons directly employed by GBRA. Nothing contained in the Contract shall create any 32 contractual relation between any subcontractor and the City, nor any obligation on the part 33 of the City to pay, or see to the payment of, any sums to any subcontractor. 34 35 Section 4.11 - Safety. GBRA shall maintain a safe working environment at the Project at 36 a level consistent with the Contract Standards. 37 38 Section 4.12 - Compliance with Applicable Law. All activities conducted by GBRA and 39 its subcontractors under the Contract shall be performed in accordance with Applicable Law. 40 GBRA shall promptly correct any failure to comply with App1-icable-Law at its expense, bear 41 all loss and expense, and pay any fines and penalties related thereto. 42 SAN MARCOS REGIONAL SURFACE WATER TREATMENT PLANT OPERATION CONTRACT 5-6-99 PAGE 7