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R-92-1714 - 5/14/1992RS05142B RESOLUTION N0. 1 WHEREAS, Franklin Capital Corporation, (Franklin) and the City of Round of Rock, (City) on April 26, 1990, entered into that one certain Franklin 582 Water and Wastewater Service Agreement (Revised), and WHEREAS, Franklin and City on July 25, 1991, entered into that one certain First Amendment To Franklin 582 Water and Wastewater Service Agreement (Revised), and WHEREAS, pursuant to the terms of said Service Agreement and First Amendment, Franklin is prepared to begin the construction of an off -site wastewater force main to serve the Franklin tract, and WHEREAS, the City has plans to construct a force main to transport treated effluent from the wastewater treatment plant to the Forest Creek Golf Course along the same route as the Franklin wastewater line, and WHEREAS, both parties participating in the cost of the trench and other items savings can be realized by both parties, and WHEREAS, an agreement entitled Franklin 582 Utility Cost Participation Agreement ("Agreement") has been prepared which the Council wishes to approve, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Agreement with Franklin, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 14th day of May, 1992. ATTEST: LAND, City Secretary 2. MIKE ROBINSON, Mayor City of Round Rock, Texas STATE OF TEXAS FRANKLIN 582 UTILITY COST PARTICIPATION AGREEMENT COUNTY OF WILLIAMSON GCFranklinUCPA § This Franklin 582 Utility Cost Participation ipation Agreement ( "Agree- ment") is made and entered into on this c'&W da of / Yl 1992 by and between the City of Round Rock, Texas, a ome rule municipality ( "City ") and Franklin Capital Corporation, a Texas corporation ( "Franklin "). Recitals Whereas, Franklin and City on April 26, 1990, entered into that one certain Franklin 582 Water and Wastewater Service Agreement (Revised) ( "Service Agreement "), and Whereas, Franklin and City on July 25, 1991, entered into that one certain First Amendment To Franklin 582 Water and Wastewater Service Agreement (Revised) ( "First Amendment "), and Whereas, pursuant to the terms of said Service Agreement and First Amendment Franklin is prepared to begin the construction of an off -site wastewater force main to serve the Franklin tract, and Whereas, the City has plans to construct a force main to transport treated effluent from the wastewater treatment plant to the Forest Creek Golf Course along the same route as the Franklin wastewater line, and Whereas, both parties participating in the cost of the trench and other items, savings can be realized by both parties, Now Therefore, It Is Agreed as Follows: Article I. Description of Project 1.01. The project ( "Project ") consists of a twelve inch (12 ") force main and an eight inch (8 ") force main. The ultimate purpose of the 12" main is to transport wastewater from the Franklin Tract to the City's wastewater treatment plant. The ultimate purpose of the 8" main is to transport treated wastewater effluent from the treatment plant to the Forest Creek Golf Course for irrigation purposes. Due to expected initial low flows of wastewater from the Franklin tract, the 8" line will be utilized on an interim basis for the transport of the wastewater, and the 12" line will be utilized on an interim basis for the transport of the treated effluent. The determination of when to convert the two lines to their ultimate purpose shall be at the sole discretion of the City. Article II. Construction of the Project 2.01. Franklin shall proceed with due diligence with the construction of the Project, to be completed on or before December 31, 1992. Bidding Process 2.02. Franklin agrees to advertise for bids for the Project in substantial compliance with Subtitle C., Chapter 271, Subchapter B. of the Local Government Code. Following the opening of the bids, both parties shall have fifteen (15) days in which to review and analyze the bids. In the event that the total of the lowest and best bid is in excess of one hundred ten percent (110 %) of the engineers estimated construction cost, then either party may elect to terminate this Agreement and postpone the Project by giving written notice to the other party within said fifteen (15) day period. Change Orders 2.03. During construction of the Project, the parties agree that Franklin may approve change orders with the contractor in an aggregate amount not to exceed five percent (5 %) of the total amount of the lowest and best bid. Any change orders in excess of said five percent (5 %) shall be subject to approval by the City. Article III. Cost Participation 3.01. The parties agree that the construction costs shall be paid sixty percent (60 %) by Franklin and forty percent (40 %) by City. Pay estimates shall be submitted by Franklin to the City on a monthly basis as construction progresses for review by the City Engineer and approved by the City Council. 2. Oversize Reimbursement 3.02. In addition to the foregoing cost participation, Franklin will receive any oversize reimbursement to which it is entitled pursuant to the provisions of Section 8.610(4) of the City of Round Rock Code. Article IV. Miscellaneous Ownership 4.01. Upon final completion and acceptance of the Project, ownership of the Project shall be in the City who shall have the responsibility of maintaining and repairing the mains following the expiration of a one year warranty period. Assignment 4.02. This Agreement may not be assigned without the express written consent of the other party. Notice 4.03. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Franklin or City, as the case may be, at the addresses set forth below: If to Franklin: Franklin Capital Corporation 111 Congress Austin, Texas 78701 Attention: Vera Massaro With a Copy to: Jim Vier /Jim Mills 8140 N. Mo -Pac Expressway Building I, Suite 250 Austin, Texas 78759 If to City: City of Round Rock 221 East Main Street Round Rock, Texas 78664 Attention: Robert L. Bennett With a Copy to: Stephan L. Sheets 309 East Main Street Round Rock, Texas 78664 3 . Texas Law to Apply 4.04. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Legal Construction 4.05. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements Superseded 4.06. This contract constitutes the sole and only agreements of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter; provided however that this Agreement is not intended to amend or supersede the Service Agreement or First Amendment. Time of Essence 4.07. Time is of the essence of this contract. In Witness Whereof, this Agreement has been executed by the parties on the dates hereafter indicated. ATTEST: Land, City Secretary 4. City of Round Rock Texas By: Date/ Mike Robinson, Mayor Date: / 1 Franklin Capital Corporation S. Norman, III its fri5i0/4nf- DATE: May 12, 1992 SUBJECT: City Council Meeting, May 14, 1992 ITEM: 13B. Consider a resolution authorizing the Mayor to enter into a Utility Cost Participation Agreement with Franklin 582. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: A presentation was made at the last Council meeting regarding this project. The Franklin Tract will begin to develop soon. In order to provide wastewater service to this property, Franklin will construct an off -site force main. The City is interested in providing treated effluent to the golf course for the purpose of irrigation. In order to provide this service, a force main and a lift station from the plant to the golf course will be required. A 12" line and an 8" line are designed. The City will pay for the 8" line. This equates to 8 /20th or 40% of the total cost of the line work. Constructing the irrigation line at the time that the force main is constructed has several advantages: 1. It provides economy of scale for construction costs. 2. It allows operational flexibility for the lift stations. Initially, subdivision flow will be low. So the 8" line would more appropriately service the area . In the future, the 12" line will be needed for wastewater services. This is a direct benefit to the City since we will be operating the lift station and force main as well as the treatment plant. 3. The well currently utilized by the golf course can be put into domestic service thus providing an additional source of supply. 4. Effluent re -use is a goal which is encouraged by the TWC, EPA, and the Round Rock Environmental Task Force. The lift station at the plant site can be used to provide irrigation water to the Palm Valley Park. 5. Future construction may be impacted by improvements to CR 122. Staff believes that the economics of scale and other operational benefits outweigh the downside of building our line before it is absolutely required. The projected cost of this line is $240,000 and the City's share is $96,000.