Title
Consider a resolution authorizing the Mayor to execute the Fifth Amendment to the Amended and Restated Consent Agreement Among RSP Partners Development, L.P., SEDC Devco, Inc., and Siena Municipal Utility District Nos. 1 and 2.
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This Fifth Amendment to the Amended and Restated Consent Agreement is entered into among the City of Round Rock, Texas; RSP Partners Development, L.P. (Developer); SEDC Devco, Inc.; and Siena Municipal Utility Districts No. 1 and No. 2 (Districts).
The City and Developer entered into the Amended and Restated Consent Agreement (the “Original Agreement” and, as amended by the First Amendment, Second Amendment, Third Amendment and Fourth Amendment); and the City, Developer, SEDC and the Districts now desire to amend the Consent Agreement (Fifth Amendment) to address SEDC’s construction of Line C-5 Phase 4 of the McNutt Interceptor.
Service to the Districts from the McNutt Interceptor requires the construction of Line C, which connects to Line B is comprised of six phases: Line C-1, Line C-2, Line C-3, Line C-4, Line C-5 and Line C-8. SEDC has constructed Line C-5 Phase 4. In order to serve the Districts only, Line C-5 Phase 4 would be required to be constructed as a 12-inch line. At the City’s request, Line C-5 Phase 4 was oversized as an 18-inch Line in order to provide additional capacity for future development.
Prior to construction, Line C-5 Phase 4 was designed by Randall Jones Engineering, Inc. and the plans and specifications were reviewed and approved by the City. Within 45 days after the date of this Amendment, the City will reimburse SEDC for the City’s cost share of engineering fees for the Plans, which is $68,445; and the costs of inspection, testing, permits and environmental studies for Line C-5 Phase 4, which is $800.
The contract for construction of Line C-5 Phase 4 was advertised for bid by SEDC, on behalf of the Districts, in accordance with all applicable legal requirements, including Chapter 49, Texas Water Code. Line C-5 Phase 4 was bid both at the size originally proposed by SEDC and at the size required by the City. The contract for Line C-5 Phase 4 was awarded by SEDC, on behalf of the Districts, to the lowest responsible bidder, Cash Construction Co., Inc.
The City’s share of the costs of Line C-5 Phase 4 is the difference between the cost of such phase if built at the size required to serve the Districts only and the cost of the phase built at the size required by the City, which is $68,445.
Line C-5 Phase 4 has been constructed, the City has inspected the construction, and SEDC has paid the City a portion of the costs of such inspections, based on the percentage of construction costs for Line C-5 Phase 4 being borne by SEDC.
Upon payment by the City of its cost share as provided above, Line C-5 Phase 4 will be transferred and conveyed to the City subject to the irrevocable and permanent reservation of 601 LUEs of capacity to SEDC on behalf of the Districts. The conveyance will also be subject to SEDC’s right to reimbursement from the Districts. The City will accept Line C-5 Phase 4 for ownership, operation and maintenance.
Cost: $68,445.00
Source of Funds: Self-Financed Wastewater Construction