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

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Martin Marietta Facility. The City will notify Martin Marietta at least 90 days prior to any other reduction or cessation by the City of supply of reclaimed water to the Martin Marietta Facility that is authorized by this Contract, unless the reduction or cessation is a suspension under Section 4.03,11 below, or is based upon a default by Martin Marietta under Section 4.03.0 below. Article 4. Miscellaneous Provisions Section 4.01. Regulatory Compliance. The obligations of Martin Marietta and the City under this Contract are subject to all applicable federal, state and local laws and regulations currently in effect and as amended or modified from time to time (the "Laws and Regulations"), including but not limited to Title 30, Chapter 210 of the Texas Administrative Code, as amended. A. The City is responsible for compliance with the Laws and Regulations that apply to the WWTP, B. The City is responsible for compliance with the Laws and Regulations that apply to the construction of the Delivery Facilities, and the maintenance of the Delivery Facilities after completion and acceptance by the City. C. Martin Marietta is responsible for compliance with the Laws and Regulations that apply to the use of the reclaimed water at the Martin Marietta Facility. This includes, but is not limited to, implementing an operation and maintenance plan (the "O&M Plan") for Martin Marietta's use of the reclaimed water. The initial O&M Plan will be attached hereto as Exhibit A, -prior to commencement of water delivery. Martin Marietta may modify this O&M Plan or adopt a new O&M Plan, subject to regulatory approval and compliance with all Laws and Regulations. Section 4.03. Term; Termination. A. The Initial Term of this Contract is five (5) years commencing on the Effective Date. This Contract may be renewed or extended for additional renewal terms with the mutual consent of the parties B. The City may suspend the supply of reclaimed water under this Contract, without terminating the Contract, in the following circumstances. 1. Martin Marietta fails to pay any amount billed by the City to Martin Marietta under Section 1.04 of this Contract, unless Martin Marietta has notified the City in writing of a bona fide dispute concerning the bill prior to the deadline in the City's billing notice. 2. Martin Marietta fails to comply with any of the Laws and Regulations that apply to Martin Marietta's use of the reclaimed water, including but not limited to those contained in Title 30, Chapter 210 of the Texas Administrative Code, as amended. C. The failure or refusal of a party to comply with any term, provision, or covenant of this Contract will constitute a default by that party. In addition, if Martin Marietta becomes insolvent, or 0