Res 2006-045 - Laserfiche WebLink

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I I I linear feet of pipeline, a ground storage tank, a booster pump station, and telemetry to send a tank level signal to the control valve and the City's Supervisory Control and Data Acquisition ("SCAD A") system. Section 2.02. Oversizing of Delivery Facilities. The City may construct the Delivery Facilities with a capacity exceeding TXI's needs for the TXI Facility. The City will be responsible for the additional construction cost of any such oversizing requested, with the additional cost being the difference in alternative bids submitted by the construction contractor for the Delivery Facilities, one for the size required for TXI, and the other for the size requested by the City. Section 2.03. TXI Payment of Delivery Facilities Cost. A. Engineering Services. TXI agrees to reimburse the City for the costs incurred by the City for engineering services associated with the design and construction ofthe Delivery Facilities. The engineer selected by the City to perform the engineering services (the "Engineer") will be a professional engineer registered in the State of Texas. Prior to entering into a contract with the Engineer, the City will provide TXI a copy ofthe negotiated scope and fee proposal for the services. After TXI has reviewed, and at its sole discretion, agreed in writing to the fees set forth in such negotiated scope and fee proposal (the "Engineering Fees") TXI will pay the Engineering Fees to the City prior to the City Council award ofthe engineering services contract. The City agrees to use the funds provided by TXI under this paragraph only for the costs described. The City will provide to TXI a copy of each paid monthly itemized invoice for the Engineer. Any Change in Services request for the Engineer will be provided to TXI for review prior to City approval, unless the cost for the Change in Services will be borne entirely by the City. TXI will pay to the City any additional fee amount related to a Change in Services (BUT ONLY to the extent such Change in Services has been approved in writing by TXI) within 15 days ofthe receipt ofthe Change in Services. In the event a Change in Services is required due to reasons other than a change approved by TXI, the cost ofthe Change in Services will be paid by the City. B. Easement Acquisition. TXI agrees to pay to the City, within 10 days of the Effective Date, the amount of $50,000 as a deposit towards the costs for the City's acquisition of easements related to the Delivery Facilities. These costs will consist of 1) costs for right-of-way agent services, 2) cash compensation costs to property owners, 3) the value of non-cash compensation (such as replacement fencing, driveway improvements, etc.) connected with the acquisitions, 4) a policy of title insurance, and 5) eminent domain costs, if needed, including the costs and fees for an appraiser and attorney (cumulatively, the "Easement Costs"). The City agrees to use the funds provided by TXI under this paragraph only for the described Easement Costs. The City will provide a monthly report to TXI of funds expended from this deposit. The City will refund to TXI any of the deposit amount which remains within 30 days of the completion of easement acquisition. If additional funds are needed to pay the costs described, the City will provide one or more itemized invoices to TXI for the costs, and TXI will pay the amount of each such invoice to the City within 30 days, provided the total amount expended on the Easement Costs is either approved in advance by TXI, does not exceed 10 % above the fair market value of the real property included in the easement, is the outcome of legal action under eminent domain proceedings, or the cumulative amount expended on the Engineering Fees, Easement Costs, and an estimate of the Construction Costs does not exceed the maximum amount set forth in Section 2.03D below. 3 !fd 3PI!o)