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R-87-1023 - 7/9/1987WHEREAS, Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties ( "District "), City of Austin ( "Austin "), City of Round Rock ( "Round Rock "), Williamson County MUD No. 2 ( "MUD 2 ") Williamson County MUD No. 3 ( "MUD 3 ") entered into a Wastewater Disposal Contract dated December 16, 1985, and WHEREAS, the parties want to amend said contract for the purpose of providing for a change in the method of funding thereunder; Now Therefore BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT the Mayor be and is hereby authorized to execute an amendment to the December 16, 1985 Contract said amendment being attached hereto and in- corporated herein for all purposes. RESOLVED this 9th day of July, 1987. ATTEST: JO LA D, City Secretary RESOLUTION NO. /02,98 7af MIKE ROBINSON, Mayor City of Round Rock, Texas RRUSIIY CREEK WATER CONTROL.AND IMPROVEMENT DISTRICT NO. 1 OF WILLIAMSON AND MILAM COUNTIES mold Bowman Road. Suite C Round Rock. Texas 78664 June 16, 1987 City of Round Rock 214 East Main Street Round Rock, Texas 78664 Attention: Mr. Robert Bennett City Manager Dear ilr. Bennett: Pursuant to Section 6.01 (b) of the Wastewater Disposal Contract between the Brushy Creek Water Control and Improvement District Mo. 1 of Williamson and Milam Counties ( the "District "), the City of Austin, the' City of Round Rock, Williamson County Municipal Utility District No. 2 and Williamson C=ounty Municipal • Utility District Mo. 3 ( collectively known as the "Customers ") dated December 16, 1985 as amended, this is to notify you of the bids received by the District and the engineer's recommendation of approval of the lowest and best bidders for the construction of Phase lA of the System as shown by the attached Exhibit A. J Based on such lowest and best bids - received, the estimate d project costs of Phases lA and IB of the System is $56,545,724. As the recommended bids exceed the estimated cost of construction of the facilities for which bids were received by more than 10ii, the Contract provides for you to notify the District within thirty (30) days from receipt of this notice as to whether or not you desire the District to proceed with construction of Phases 10 and 18 of the System. We also enclose for your consideration a proposed amendment to the Contract providing for a change in the method of funding by the Customers which has been approved by the District. Respectfully submitted, James R. Clarno, P.E. General Manager (5121244-2205 BRUSHY CREEK WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF WILLIAMSON AND MILAM COUNTIES 102 Old Bowrtlan Road, Suile C Round Rock, Texas 78664 EXHIBIT A BRUSHY CREEK REGIONAL WASTEWATER SYSTEM PHASE 1A CONSTRUCTION CONTRACTS CONTRACT NO. LOWEST & BEST BIDDER AMOUNT (512) 244.22115 1, 2 & 3 MARTIN K. EBY CONST. CO. $ 7,808,719.00 Wichita, Kansas 5b PARKER & ROGERS CONST. CO. 554,627.00 Georgetown, Texasl 6 MEYERS COMPANIES, INC. 1,211,103.00 Stilwell, Kansas 8b PARKER & ROGERS CONST. CO. 511,684.00 Georgetown, Texas 20a LEWIS CONTRACTORS, INC. 808,432.40 Austin, Texas 21 (Tunnel) W. L. HAILEY & CO., INC. 4,516,819.00 Nashville, Tennessee 7 (Plant) NUNN & SHUMWAY CONST. CO. 12,368,000.00 Houston, Texas TOTAL PHASE IA CONSTRUCTION CONTRACTS 27,779,384.40 AMENDMENT TO WASTEWATER DISPOSAL CONTRACT This amendment is entered into between Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milani Counties (the "District "), the City of Austin ( "Austin "). the City of Round Rock ( "Round Rock "), Williamson County Municipal Utility District No. 2 ( "MUD 2 "), and Williamson County Municipal Utility District No. 3 ( "MUD 3 "), all of such parties other than the District being collectively referred to as the "Customers." Whereas the District and the Customers entered into a Wa9tewater Disposal Contract dated December 16, 1985, hereinafter called the "Contract "; and Whereas the District and the Customers want to amend such Contract for the purpose of providing for a change in the method of funding thereunder; NOW, THEREFORE, the District and the Customers do hereby agree that Sections 6.01 (d), 10.04 (b), 10.05 (b), 10.06 (d) and 10.07 (d) of said Contract are hereby amended as follows: Section 6.01 (d) is amended by adding at the end thereof: "Any other provisions herein to the contrary notwithstanding, the funding contemplated by Section 6.01 (b) for Phases lA and 1B shall be made as follows: (1) It is estimated that reimbursement to be due Austin pursuant to Section 10.04 (b) is $7,849,730, and it is agreed that payment of such $7,649,730, of the amount to be paid by Austin on the Funding Date shall be deferred until completion of the Lake Creek Interceptor Line and conveyance thereof to the District according to the provisions of Section 10.04 (a) and (b) hereof, at which time the amount of deferred payment above shall be credited to the reimbursement of Austin provided for in Section 10.04 (b) Provided however, that if the amount of reimbursement as agreed by the District and Austin to be due Austin is greater than the deferred sum, Austin will be credited with the deferred sum in partial reimbursement and upon completion of Phases IA and IB, the District will, if needed, call for a funding pursuant to Section 6.01 (c), by the Customers of their pro rata share of the balance of such reimbursement due Austin, and, upon receipt of such funds. shall pay Austin the balance of the reimbursement due. If the actual amount of reimbursement due Austin is less than the deferred amount, an amount of the deferred payment equal to the actual amount of reimbursement due shall be credited to Austin's actual reimbursement due. and upon completion of Phases IA and IB, the remaining balance of Austin's deferred payment shall be paid by Austin into the Construction Fund and credited pursuant to the provisions of Section 6.01 (c). If Austin does not complete the Lake Creek Interceptor Line as provided for in Section 10.04 (a) within two years from the Funding Date, upon the expiration of such two year period, any deferred funding remaining unpaid shall immediately become due and payable by Austin to the District. (2) It is estimated that reimbursement to be due Round Rock pursuant to Section 10.05 (b) is S4,734.571, and it is agreed that payment of such $4,734,571 of the amount to be paid by Round Rock on the Funding Date shall be deferred until completion and conveyance of the land and facilities to the District according to the provisions of Section 10.05 (a) and (b) hereof, at which time the amount of deferred payment above shall be credited to reimbursement of iRound Rock as provided in Section 10.05 (b). Provided however, that if the amount of reimbursement agreed by the District and Round Rock to be due Round Rock is greater than the deferred sum, Round Rock will be credited with the deferred sum In partial reimbursement and upon completion of Phases IA and IB, the District will, if needed, call for a funding pursuant to Section 6.01 (c), by the Customers of their pro rata share of the balance of such reimbursement due Round Rock, and, upon receipt of such funds, shall pay Round Rock the balance of the reimbursement due. If the actual amount of reimbursement due Round Rock 'is less than the defered amount, an amount of the deferred payment equal to the actual amount of reimbursement due shall be 'credited to Round Rock's actual reimbursement due. and, upon of Phases IA and IB. the remaining balance of Round Rock's deferred payment shall be paid by Round Rock into the Construction Fund and credited pursuant to the provisions of Section 6.01 (c). If Round Rock fails to complete and comply with the provisions of Section 10.05 within 6 months of the Funding Date, upon the expiration of such 6 month period, and deferred funding remaining unpaid shall immediately become due and payable by Round Rock to the District. (3) It is estimated that compensation to be due MUD 2 pursuant to Section 10.06 (b) is now $1,804,100, ( to be adjusted ) and it is agreed that payment of such $1,804,100 of the amount to be paid by MUD 2 on the Funding Date shall be deferred until the time for periodic payments by the District to MUD 2 as provided for in Section 10.06 (d) hereof, at which time an amount of deferred payment above equal to the amount of the periodic payment due by the District to MUD 2 shall be credited to such periodic payment of compensation to MUD 2 provided for in Section 10.06 (d). Provided however, that if the total amount of periodic payments reaches the amount of deferred payment, such periodic payments shall cease until completion of Phases IA and IB, at which time the District will. if needed, call for a funding pursuant to Section 6.01 (c), by the Customers of their pro rata share of the balance of such compensation due MUD 2 as adjusted pursuant to Section 10.06 (d), and, upon receipt of such funds, shall pay MUD 2 the balance of the compensation due. If MUD 2 defaults in complying with the provisions of Section 10.06, The District shall give MUD 2 notice thereof and if such default is not cured within 30 days of such notice, any deferred funding remaining unpaid shall be immediately due and payable by MUD 2 to the District. (4 Section 10.07 (d) provides for compensation in the sum of $1,448,256 to be paid by the District to MUD 3 In accordance with the provisions of Section 10.07, and it is agreed that payment of such $1,448,256, of the amount to be paid by MUD 3 on the Funding Date may be deferred until the time for periodic payments by the District to MUD 3 as provided for in Section 10.07 (d) hereof. In the event that MUD 3 elects to defer funding as provided above, an amount of deferred payment equal to the amount of periodic payment due by the District to MUD 3 shall be credited to such periodic payment of compensation to MUD 3 provided for in Section 10.07 (d). If MUD 3 defaults in complying with the provisions of Section 10.07, The District shall give MUD 3 notice thereof and if such default is not cured within 30 days of such notice, any deferred funding remaining unpaid shall be immediately due and payable by MUD 3 to the District." Section 20.04 (b) is amended by adding at the end thereof: "Such reimbursement shall be made in accordance with the provisions of Section 6.01 (d) (1)." Section 10.05 (b) is amended by adding at the en thereof: "Such reimbursement shall be made in accordance with the provisions of Section 6.01 (d) (2)." Section 10.06 (d) is amended by adding at the end thereof: Section 10.07 (d) is amended by adding at the end thereof: This amendment shall not become effective until duly and properly executed by the District and each of the Customers. Except as hereby amended. the said contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original. all as of the day of , 1987. ATTEST: Roscoe Conoley Secretary (SEAL) ATTEST: City Clerk (SEAL) "Such compensation shall be made in accordance with the provisions of Section 6.01 (d) (3)." "Such compensation shall be made in accordance with the provisions of Section 6.01 (d) (4)." BRUSHY CREEK WATER CONTROL & IMPROVEMENT DISTRICT N0. 1 OF WILLIAMSON AND MILAM COUNTIES By: Dan Mize President CITY OF AUSTIN By: City Manager ATTEST: City Secretary (SEAL) ATTEST: Secretary (SEAL) ATTEST: Secretary (SEAL) CITY OF ROUND ROCK 8y: Mayor WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 By President WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 By President DATE: July 7, 1987 SUBJECT: Council Agenda, July 9, 1987 ITEM: 12J - Consider a resolution authorizing the Mayor to enter into an amendment of the Regional Sewer Contract. The purpose of this amendment is to provide for the customers to pay for credits under the contract when they are due. Round Rock will not have to pay for our share of the project until we are reimbursed for project costs incurred to date. Please see the attached amendment.