Res 2018-040/approving a contract with TXI Operations, LP, d/b/a Martin Marietta for the sale of reclaimed water

Home Browse Search

Section 1.02. Quality of Water to be Supplied. The City agrees that the reclaimed water supplied under this Contract will conform to the standards for Type I reclaimed water contained in Title 30, Part 1, Section 210.33 of the Texas Administrative Code. The City agrees that it will sample the reclaimed water as may be required by Title 30, Part 1, Section 210.34 of the Texas Administrative Code or other applicable regulation; and shall provide the results of such sample to Martin Marietta, by email or facsimile. In the event the City learns of sample results which may pose a hazard to health or wellbeing of Martin Marietta workers or equipment beyond those known to exist with Type I reclaimed water, the City will notify Martin Marietta of such results immediately. Section 1.03. Metering Equipment. The City will obtain and install metering equipment which meet the City's standard specifications for measuring within a tolerance of 2% (the "Accuracy Tolerance") the quantity of reclaimed water. The metering equipment will be installed at Martin Marietta's property line, which is defined as the "Point of Delivery."' The metering equipment shall also include devices and equipment of standard type for the proposed application to limit, meas- . Lire, and record the rate of flow at the Point of Delivery, to prevent the backflow of water or the contamination of water in the City's distribution system, and to protect and secure the metering equipment and other devices Section 1.04. Maintenance and Testing of Metering Equipment. A. The City will maintain the metering equipment within the Accuracy Tolerance, and will test the metering equipment for accuracy at least once every 12 months. B. Martin Marietta may have the metering equipment independently tested at its own cost with 48 hours notice to the City. The City may attend any such test. If a test shows an inaccuracy in the metering equipment, the City will adjust the monthly billing of a period extending back to the time when the inaccuracy began if such time is ascertainable, or if such time is not ascertainable, for a period extending back to the last test of the metering equipment or 120 days, whichever is shorter, in accordance with the percentage of inaccuracy found during the test, whether above or below the correct volume. In the event the meter fails to register for any period, the City will calculate the usage during the time of meter failure to be the amount of reclaimed water furnished during the same period of the previous year, or as otherwise mutually agreed upon by the par -ties. The City will recalibrate or replace any inaccurate metering equipment at its expense. Section 1.05. Billing. The City will furnish Martin Marietta with an itemized monthly billing statement showing the volume of reclaimed water supplied in 1,000 gallon increments and the amounts due. Article 2. Delivery Facilities Section 2.01. Operation and Maintenance of Delivery Facilities. The City will be responsible for operation and maintenance of the Delivery Facilities. The City will comply with all applicable laws, 2