Res 1999-132 - Laserfiche WebLink

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6-28-99 A. The Buyer will be responsible for constructing the supply line (the "Supply Line") for the transmission of the Reclaimed Water from the Treatment Plant to the Facility. The Buyer will have plans and specifications for the Supply Line prepared by a professional engineer registered in Texas. These plans and specifications will be subject to review and approval by the Seller (which will not be unreasonably withheld) and the Texas Natural Resource Conservation Commission ("TNRCC"). The Seller may request that the Buyer construct the Supply Line with a capacity exceeding the Seller's minimum standards or the Buyer's needs for the Facility, whichever are greater. The Seller will reimburse the Buyer for the additional construction cost of any oversizing requested by the Seller, with the additional cost being the difference in alternative bids submitted by the construction contractor for the Supply Line, one for the size required for the Buyer, and the other for the size requested by the Seller. B. The Buyer will be responsible for obtaining all easements and permits necessary for the Supply Line. Descriptions of all easement areas will be prepared by a land surveyor registered in Texas, and the form of all easements will be subject to review and approval by the Seller's legal counsel, which will not be unreasonably withheld. In the event the Buyer is unable to obtain a needed easement through voluntary conveyance by a property owner, the Buyer may request that the Seller use its eminent domain authority to obtain the easement. The exercise of the power of eminent domain will be at the sole discretion of the Seller. The Buyer will reimburse the Seller for all costs of any eminent domain proceeding, and will pay the amount of any award or judgment in the proceeding. C. The Buyer will ensure that the construction is carried out under the supervision of a professional engineer registered in the State of Texas. The Buyer will include in the construction contract requirements that a) the contractor must maintain commercial general liability insurance coverage for all of its operations under the contract, and b) all persons engaged in work under the contract must be covered by workers' compensation insurance. D. The Seller will have the right to inspect the Supply Line during the process of construction, and upon completion. Upon acceptance of the completed Supply Line by the Seller, the Buyer will convey title to the Supply Line and all easements to the Seller, free and clear of any liens, and the Buyer will assign all permits for the Supply Line to the Seller. E. The Seller will design and construct, at the Buyer's expense, pumping, storage and chemical feed facilities at the Treatment Plant necessary to transport the Reclaimed Water to the Point of Delivery through the Supply Line. Article 3. Miscellaneous Provisions. Section 3.01. Conditions Precedent. A. The performance of the Buyer's obligations under this Contract is conditioned upon the 3