HomeMy WebLinkAboutContract 49305-A1 CITY SECRETARY
RECEIVED a CONTRACT NO. I
MAR 14 2018 0
CITY OF FORT VVORTy
CITYSECRETARY AMENDMENT NO. 1 TO CITY SECRETARY CONTRACT 49305
S'
AGREEMENT FOR WASTEWATER SERVICE
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRAN 1
This AMENDMENT NO. 1 TO AGREEMENT FOR WASTEWATER SERVICE
("Amendment No. I")is made and entered into by and between the City of Crowley,acting herein
by and through its City Manager,Robert Loftin,hereinafter referred to as"Crowle ",and the City
of Fort Worth,acting herein by and through its Assistant City Manager,Jesus J.Chapa,hereinafter
referred to as"Fort Worth", each of Tarrant County,State of Texas,(collectively the"Parties'.
WHEREAS,Fort Worth and Crowley previously entered into that certain Agreement for
Wastewater Service dated July 19, 2017 identified as Fort Worth City Secretary Contract No.
49305 (the"Wastewater Collection Contract");and
WHEREAS,Fort Worth and Crowley previously entered into an Agreement,dated March
17, 2005, identified as Fort Worth City Secretary_. Contract No. 31496, which established the
responsibilities of Fort Worth and the Crowley for-engineering design, easement acquisition,
construction,operation and maintenance and cost participation related to the installation of sewer
lines within Crowley's City Limits; and
WHEREAS, the Parties previously executed a Memorandum of Understanding (MOU),
dated November 2, 2017, identified as Forth Worth City Secretary Contract No. 50031, setting
forth the general terms and conditions for various items including the Crowley's required capacity
and cost participation in Fort Worth's proposed "Village Creek and Deer Creek Parallel Relief
Sewer Line Project', as more particularly described therein, in connection with the Crowley's
request for additional wastewater capacity and wholesale wastewater service from Fort Worth;and
WHEREAS,the Parties desire to enter into this Amendment No. 1,which consists of three
Parts. Part One consists of the installation of a parallel relief sewer line located downstream of the
Crowley's wholesale wastewater billing meter station, described as the "Village Creek and Deer
Creek Parallel Relief Sewer Line Project" Part Two consists of the installation of sewer lines
within Crowley's City Limits, described as the "Crowley Collector Sewer Line Project". Part
Three consists of the financing, billing, and payment terms associated with Crowley's capital
contributions to the sewer line projects described in Parts One and Two. Amendment No. 1 is
required in order to:
• specify Crowley's capacity-rights in the existing wastewater collection lines located
downstream of the Crowley's wholesale meter station;
• specify Crowley's capacity rights in the proposed parallel relief line located downstream
of Crowley's wholesale meter station;
• specify capacity rights for both Parties in the proposed sewer lines being placed within
Crowley's City Limits;
OFFICIAL RECORD
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CITY SECRETARY
FT.WORTH,TX
• specify the respective responsibilities of the Parties for construction of the proposed sewer
lines;
• describe the methodology for assessment of Crowley costs related to the Village Creek
and Deer Creek Parallel Relief Sewer Line and the Crowley Collector Sewer Line Projects;
• specify ownership and maintenance responsibilities associated with the proposed sewer
lines;
• specify Crowley's payment obligations with respect to the Projects;
• otherwise clarify the respective rights and obligations of the Parties with respect to the
Village Creek and Deer Creek Parallel Relief Sewer Line and Crowley Collector Sewer
Line Projects,
NOW THEREFORE,for and in consideration of the mutual covenants,promises and
agreements contained herein,the sufficiency of which are hereby acknowledged,Fort Worth
and Crowley do hereby agree as follows:
PART 1—Village Creek and Deer Creek Parallel Relief Sewer Line
1.) Bidding and Construction. Fort Worth shall be responsible for preparation of all construction
contract documents, public bidding, award of a construction contract, and construction
administration related to the Village Creels and Deer Creek Parallel Relief Sewer Line Project.
To the extent any changes in plans and specifications of the project are necessitated in.
connection therewith,Fort Worth shall be solely responsible for any such modifications.
2.) Crowley Existing Capacity and Service Request. The Parties acknowledge and agree that
Crowley currently has 4.0 million gallons per day(MGD) of capacity in the existing 18-inch
to 24-inch Deer.Creek Sewer Line (Main 325) and 4.0 MGD of capacity in the existing 27-
inch to 36-inch Village Creek Sewer Line (Main 257), installed in the 1970's, owned and
operated by Fort Worth to provide wholesale wastewater service to the Crowley at their point
of delivery (as defined in the Wastewater Contract). Crowley has requested additional
wastewater capacity at this time, and Fort Worth agrees to make available additional
wastewater collection system capacity and service to Crowley upon completion of the Village
Creek and Deer Creek Parallel Relief Sewer Line project.
3.) The Improvements. The improvements consist of Part 1 and Part 2A of the Village Creek
(Main 257) Parallel Relief Sewer Line Project,and Part 1 and Part 2 of the Deer Creek(Main
325) Parallel Relief Sewer Line Project. Village Creek Main 257 Part 1 consists of the
installation of approximately 10,470 linear feet of 60-inch diameter sewer pipeline and
associated appurtenances from the Main 295 connection upstream to the Main 423 connection.
Village Creek Main 257 Part 2A consists of the installation of approximately 14,490 linear feet
of 60-inch diameter sewer pipeline and associated appurtenances from the Main 423
connection upstream to the Main 325 connection. The hydraulic capacity of the 60-inch
diameter pipeline installed in Part 1 and Part 2A is approximately 80 MGD. Deer Creek Main
325 Part 1 consists the installation of 3,162 linear feet of 48-inch diameter sewer pipeline and
associated appurtenances from the Main 257 connection upstream to Oak Grove Road. Deer
Creek Main 325 Part 2 consists of the installation of 15,531 linear feet of 48-inch sewer line
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from Oak Grove Road upstream to Crowley's wholesale meter station. The hydraulic capacity
of the 48-inch diameter pipelines installed in Part 1 and 2 is approximately 40 MGD.
4.) Capacity Request. Crowley has requested an additional 8.1 MGD of capacity in Village Creek
Main 257 Parts 1 and Parts 2A, representing approximately 10.125% of the total capacity of
the proposed sewer line. Crowley has requested an additional 8.1 MGD of capacity in Deer
Creek Main 325,Part 1 and Part 2,representing approximately 20.25%of the total capacity of
the proposed sewer line.
5.) Design Elements. Fort Worth will provide design plans for improvement to Crowley for
review prior to Fort Worth bidding of the improvements (with the exception of Village Creek
Main 257 Part 1 and Deer Creek Main 325, Part 1, which were bid and awarded prior to
execution of this agreement). Crowley shall complete its review and submit any comments
and/or modification to Fort Worth within 14 work days. Upon Fort Worth's agreement that
modifications requested by Crowley is beneficial to both Crowley and Fort Worth,the parties
shall share proportionally (per the pro-rata percentages outlined in Section 4) in the cost to
design and construct the modification. If Crowley requests a design modification solely for its
benefit, then Crowley shall be responsible for the entire cost for design and construction of
such modification.
6.) Cost Participation. Unless otherwise specified in this amendment or the Wholesale
Wastewater Contract, cost participation will be based on the pro-rata share of the,proposed
total capacity of the parallel-relief sewer lines. Pro-rata cost participation shall include the
engineering costs, the easement and land acquisition costs, the construction costs, and the
inspection costs. The Parties acknowledge that the City of Burleson is planning to cost
participate in Parts l and 2A of the Village Creek Parallel Relief Sewer Line Project.
7.) Cost Estimates. Table 1 and 2A provide the current cost estimates for the Village Creek(Main
257) Parallel Relief Sewer Line projects, as well as the breakout of Crowley Costs. Exhibit
"A" shows the location of line segments identified in the cost estimate tables. For the purpose
of cost participation, it is assumed that the costs from the design consultant (Alan Plummer
and Associates) for the Part 2A and Part 2B (upstream of Main 325 connection to Burleson
Meter Station) engineering is split evenly between the two line segments. In addition,
construction inspection costs are estimated to be five percent of the construction estimate. The
current estimate of Crowley's total cost contribution For the Village Creek(Main 257)Parallel
Relief Sewer Line Project is$2,739,768 plus financing costs.
Table 1 -rain 257—Part 1,60"Diameter Parallel Relief Line from M-295 to M-423
Description of Task 60"Pipe Crowley Crowley% Total Cost Crowley Cost
Capacity Flow Estimate Estimate
Engineering 80 MGD 8.1 EGD 10.125% $830,722
Easements 80 MGD 8.1 MGD 10.125% $510,000
Construction 80 MGD 8.1 MGD 10.125% $8,125,899
Inspection 80 MGD 8.1 MGD 1 10.125% $406,295
Total Cost Estimate 80 MGD 8.1 MGD J 10.125% 1 $9,872,916 $999,633
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Table 2A-Main 257—Part 2A,60"Diameter Parallel Relief Line from M-423 to M-325
Description of Task 60"Pipe Crowley Crowley % Total Cost Crowley Cost
Capacity Flow Estimate Estimate
Engineering 80 MGD 8.1 MGD 10.125% $688,943
Easements 80 MGD 8.1 MGD 10.125% $1,733,314
Construction 80 MGD 8.1 MGD 10.125% $14,061,201
Inspection 80 MGD 8.1 MGD 10.125% $703,060
Total Cost Estimate 80 MGD 8.1 MGD 10.125% $17,186,518 $1,740,]35
Table 3 and 4 provide the current cost estimates for the Deer Creek (Main 257) Parallel Relief
Sewer Line projects, as well as the breakout of Crowley Costs. Exhibit "A" shows the location
of line segments identified in the cost estimate tables. For the purpose of cost participation, it is
assumed that the costs from the design consultant(Dannenbaum Corp.)for the Deer Creek(Main
325) engineering is pro-rated between the two construction contracts on a per linear foot basis,
based on the length of pipe installed in each Part. In addition, construction inspection costs are
shown to be five percent of the construction estimate. The current estimate of Crowley's total cost
contribution for the Deer Creek(Main 325)Parallel Relief Sewer Line Project is$2,340,937 plus
financing costs.
Table 3-Main 325—Phase 1,48"Diameter Parallel Relief Line,M-257 to Oak Grove
Description of Task 48"Pipe ° Crowley Crowley % Total Cost Crowley Cost
Capacity Flow Estimate Estimate
Engineering 17%of total 40 MGD 8.1 MGD 20.25% $249,862
Easements 40 MGD 8.1 MGD 20.25% $250,000
Construction 40 MGD 8.1 MGD 20.25% $1,215,510
Inspection 40 MGD8.1 MGD 20.25% $60,775
Total Cost Estimate 40 MGD 8.1 MGD 20.25% $1,776,147 $359,670
Table 4-Main 325—Phase 2,48"Diameter Parallel Relief Line,Oak Grove to Meter
Description of Task 48"Pipe Crowley Crowley% Total Cost Crowley Cost
Capacity Flow Estimate Estimate
Engineering(83%of total 40 MGD 8.1 MGD 20.25% $1,219,915
Easements 40 MGD 8.1 MGD 20.25% $750,000
Construction 40 MGD 8.1 MGD 20.25% $7,442,019
Inspection 40 MGD 8.1 MGD 20.25% $372,101
Total Cost Estimate 40 MGD 8.1 MGD 20.25% $9,784,035 $1,981,267
Adding the estimated Crowley cost participation for the Village Creek(Main 257)Parallel Relief
Sewer Line Project of$2,739,768 to the estimated Crowley cost participation for the Deer Creek
(Main 325)Parallel Relief Sewer Line Project of$2,340,937 calculates to a total estimated
Crowley cost participation for Part 1 of$5,080,705,plus financing costs.
8.) Purchased Capacity After Payment: The Parties agree that, following Crowley's payment in
full of the amount invoiced under Part 1, Section 7 above, Crowley's total purchased
wastewater capacity downstream of the billing meter station shall be: 12.1 MGD
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9.) Future Capacity Needs. Should Crowley request additional capacity in the future beyond the
capacity requested and paid for as part of this agreement, Fort Worth, at their discretion, may
elect to provide additional capacity within the Village Creek and Deer Creek Parallel Relief
Line Project, to be paid for at the pro-rata share of the total project cost, plus an interest
escalation component of 3.46% per year, calculated from the date of the construction
acceptance to the date of Crowley's request and approval by Fort Worth in writing. Should
Crowley have surplus capacity within the capacity identified in Part 1, Section 8 of this
agreement and Fort Worth wish to utilize this surplus capacity, Crowley, at their discretion,
may elect to provide all or a portion of its surplus capacity within the Village Creek and Deer
Creek Parallel Relief Line Project to Fort Worth, to be paid for by Fort Worth at the pro-rata
share of the total project cost, plus an interest escalation component of 3.46% per year,
calculated from the date of the construction acceptance to the date of Fort Worth's request and
approval by Crowley in writing.
PART 2—Crowley Collector Sewer Line Project
1.) Previous Agreement. The Parties acknowledge and agree that City Secretary Contract No.
31946 outlined the capacity allocation and cost sharing percentages for the construction of
sewer improvements through the City of Crowley, with cost contributions from Fort Worth
based on the percentage of flow capacity reserved for each party. Both Parties agree that the
flow capacity allocations and cost sharing percentages for Mains AA, C, F, and"P, described ,
in City Secretary No. 31946, are to be replaced with the capacity allocation and cost sharing
percentages and methodology included under Part 2, Section 6 of this Agreement, with the
exception of Main I and Main J, which have already been constructed.
2.) Connection of Project to Existing Sewer Main"J". The proposed sewer main being installed
as part of the Crowley Collector Sewer Line Project will connect to the previously constructed
Crowley Main J. The capacity allocation for the existing Main J,per City Secretary Contract
No. 31946, is 12.17 MGD to Fort Worth,and 11.74 MGD to Crowley. Fort Worth agrees that
wastewater flows above the previously allocated 12.17 MGD capacity into Main J will trigger
the construction of a parallel relief sewer line, from the Crowley Collector Sewer Line Project
downstream to the existing Crowley wholesale meter station. Fort Worth flows into Main J
shall be measured at the two proposed metering stations, to be located west of the Crowley
City Limit boundary, and to be installed as part of the Crowley Collector Sewer Line Project.
That future parallel relief line will be installed at City of Fort Worth's cost, unless Crowley
desires to purchase capacity within the proposed main,which cost participation would be based
on the prorated percentage of the pipeline capacity.
3.) The Improvements. The Crowley Collector Sewer Line Project will be constructed in three
separate construction packages, Part 1, Part 2, and Part 3. Part 1 consists of the installation
5,639 linear feet of 42" sanitary sewer main, from the connection point with the existing 36-
inch diameter Main J, upstream to an area approximately 400 linear feet west of the BNSF
railroad crossing,along with smaller diameter lines necessary to connect the proposed main to
existing Crowley sewer lines. Part 2 consists of the installation of 4,111 linear feet of 42-inch
diameter sanitary sewer line and 2,736 linear feet of 36-inch sanitary sewer line, along with a
meter station near the Crowley City Limits and smaller lines necessary to connect the proposed
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main to existing Crowley sewer lines. Part 3 consists of 8,385 linear feet of 18-inch and 21-
inch sewer lines,a meter station located near the Crowley City Limits,along with smaller lines
used to connect the proposed main to existing Fort Worth sewer lines. Cost sharing for
infrastructure installed as part of this agreement between the two Parties only applies to
infrastructure installed within the Crowley City Limits. Infrastructure installed outside the
Crowley City Limits shall be Fort Worth cost.
4.) Bidding and Construction. Fort Worth shall be responsible for preparation of all construction
contract documents, public bidding, award of a construction contract, and construction
administration related to the Crowley Collector Sewer Line Project. To the extent any changes
in plans and specifications of the project are necessitated in connection therewith, Fort Worth
shall be solely responsible for any such modifications.
5.) Easements. The City of Crowley is responsible for negotiation,acquisition and purchase of all
sanitary sewer easements located within the City Limits of Crowley necessary for construction
of the Crowley Collector Sewer Line Project. Easements outside the Crowley City Limits shall
be acquired by Fort Worth and are not subject to cost sharing. The City of Fort Worth shall
reimburse the City of Crowley for costs associated with acquisition of sanitary sewer
easements within the City of Crowley necessary for the construction of the Crowley Collector
Sewer Line Project at the weighted percentage (shown in bold font) for the applicable Part
(Part 1, Part 2, or.Part 3) shown in Table 5 of this Agreement. Upon recording of the last
easement, Crowley shall invoice Fort Worth for their portion of the costs associated with the
acquisition,of easements inside the Crowley City Limits for the Crowley Collector Sewer Line
Project, itemizing those costs by Part, easement name, and recording instrument, and
accounting for the various cost sharing percentages of the three construction Parts. Upon
receipt of the invoice from the City of Crowley, Fort Worth shall remit payment to Crowley
for the invoiced amount within thirty calendar days. After payment has been made,Fort Worth
will exercise the assignment clause included in the easement document to assign the easements
from Crowley to Fort Worth.
6.) Capacity Request and Allocation. Table 5 provides the wastewater capacity that Crowley has
requested for the various portions of the pipeline being installed within the Crowley City
Limits(Line F, Line C, Line AA, Line A, Line A2, and Line P). The line segments shown in
Table 5 are also shown graphically in Exhibit B. The weighted averages for each of the three
Parts is calculated based on the ratio of the segment length to the length of the entire Part. This
weighted average cost sharing percentage is incorporated into Table 6, and allocated to
engineering,easements, construction, and inspection uniformly by Part.
Table 5—Weight Contribution Allocation For Part 1,Part 2, and Part 3
Pipe Segment Pipe Length C Flow CF W%of Crowley Crowley%of Total Flow
(in) ftGD Total Flow Flow MGD Total Flow MGD
Part 1,Line"F" 42 2,551 34.61 86.60% 5.36 " AMY
.1-/ 39.97
Y
Part 1,Line"C" 42 3,088 34.61 88.26% 4.60 11.74% 39.21
Weighted Avera e,Part l 87.51% 12.49%
Part 2,Line"AA" 42 4,111 34.61 92.24% 2.91 7.76% 37.52
Part 2,Line"A" 36 1,472 29.10 93.44% 2.04 6.56% 31.14_
Part 2,Line"A2" 36 1,264 29.02 100% 0 0.00% 29.02
Weighted Average,Part 2 1 92.55% 7.45%
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Part 3,Line"P" 1 18,21 18,385 5.52 84.56 1.01 15.44% 6.53
Weighted Average,Part 3 84.56 15.44
7.) Design Elements. Fort Worth will provide design plans for improvement to Crowley for
review prior to Fort Worth bidding of the improvements. Crowley shall complete its review
and submit any comments and/or modification to Fort Worth within 14 work days. Upon Fort
Worth's agreement that modifications requested by Crowley is beneficial to both the Crowley
and Fort Worth, the parties shall share proportionally (based on the allocation percentages
included in Table 6)in the cost to design and construct the modification. If Crowley requests
a design modification solely for its benefit,then the Crowley shall be responsible for the entire
cost for design and construction of such modification.
8.) Cost Participation. Cost participation will be based on the weighted average flow allocation,
which is computed separately for Part 1, Part 2, and Part 3 and is shown in Table 5. Those
weighted averages are also incorporated in Table 6 to develop the cost estimate for engineering,
easement acquisition, construction, and inspection of the Crowley Collector Sewer Line
Project. Cost participation shall include the engineering costs, the easement and land
acquisition costs,the construction costs,and the inspection costs. Cost sharing shall only apply
for infrastructure installed within the City of Crowley. Infrastructure installed outside the
Crowley City Limits shall be Fort Worth's costs.
9.).Cost Estimates. Table 6 provides the current cost estimates for the project, as well as an
estimate of Crowley's cost participation. In order to develop this estimate, the following
methodology was utilized to estimate engineering, easement costs, construction costs, and
inspection costs:
• For the purpose of allocating the engineering costs, the total current engineering
contract value ($1,274,494) was broken down on a linear foot basis, using the total
linear feet of all sizes of pipelines (including pipes less than 18-inch diameter) to be
installed in Part 1 (6,840 LF),Part 2(7,719 LF),and Part 3 (8,839 LF),for a total linear
foot cost of$54.47 per linear foot ($1,274,494 /23,398 LF). For Part 3, of the total
8,839 linear feet of sewer line, only 2,260 LF is being installed within the City of
Crowley. The portion outside the Crowley City limits is not subject to cost sharing.
• Easements costs are estimated to be$200,000 for each of the three Parts.
• Construction estimates were developed by the Engineer and are based on the
infrastructure to be installed inside the Crowley City Limits. All infrastructure installed
outside the Crowley City Limits are not subject to cost sharing.
• Inspection costs are estimated at 5%of the construction estimate.
Table 6—Cost Sharing Estimate
Description of Task Cost CFW% CFW Cost Crowley% Crowley Cost
Inside Crowley City Limits Estimate Allocation Estimate Allocation Estimate
Part 1—Engineering $372,575 87.51% 12.49%
Part 1—Easements $200,000 87.51% 12.49%
Part 1 -Construction $3,977,000 87.51% 12.49%
Part 1—Inspection 1 $198,850 87.51% 1 1 12.4900
TOTAL PART 1 $4,748,425 87.51% $4,155,347 1 12.49% $593,078
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Part 2—Engineering $420,454 92.55% 7.45%
Part 2—Easements $200,000 92.55% 7.45%
Part 2—Construction $4,503,044 92.55% 7.45%
Pail 2—Inspection $225,152 92.55% 7.45%
TOTAL PART 2 $5,348,650 92.55% $4,950,175 7.45% $398,474
Part 3—Engineering $123,102 84.56% 15.44%
Part 3—Easements $200,000 84.56% 15.44%
Pail 3-Construction $1,279,000 84.56% 15.44%
Part 3—Inspection $63,950 84.56% 15.44%
TOTAL PART 3 $1,666,052 84.56% $1,408,814 15.44% $257,238
TOTAL—PARTS 1,2,and 3 $11,763,127 $10,514,336 1 $1,248 790
Based on the estimates and cost sharing allocations contained in Table 6, Crowley's
estimated total contribution for the Crowley Collector Sewer Line Project is$1,248,790,
plus financing costs.
10.) Ownership of Trunk Sewer Line. The City of Fort Worth shall own and maintain the trunk
sewer lines (all lines 21-inch diameter and greater) installed under the Crowley Collector
Sewer Line Project. At the completion of the three Parts of the project, easements dedicated
to Crowley for the trunk sewer lines shall be assigned to Fort Worth.
11.) Trunk Sewer Maintenance-Responsibilities. The City of Fort Worth shall maintain the
trunk sewer system installed under the Crowley Collector Sewer Line Project in accordance
with best practices and TCEQ requirements. The line shall be mapped within the City's
geographic information system (GIS) and maintenance work performed on the pipeline shall
be logged in the Water Department maintenance management system. Any maintenance
requiring excavation within a City of Crowley roadway will be repaired in accordance with the
detail shown in Exhibit C, unless a mutually agreeable repair detail/procedure is developed
based on a site specific need.
12.) Future Connections. Any future Crowley sewer line connections to the trunk sewer line
installed as part of the Crowley Collector Sewer Line Project must connect at a new or existing
manhole and be approved in advance by the City of Fort Worth. No sewer service lateral
connections will be allowed. If a sewer line connection is approved by Fort Worth, Crowley
has the option of utilizing the City of Fort Worth in-house design section to design the manhole
and pipe connection tip to the easement line and install the manhole and pipe connection under
an active work order contract. This option requires payment,based on an engineer's estimate,
of the engineering and construction costs prior to initiating construction. Any cost differences
between the estimate and final costs will invoiced/reimbursed to Crowley after construction is
finalized. The second option Crowley has to install the manhole and pipe connection would
be to have an Engineer design the connection and submit signed and sealed drawings to the
City of Fort Worth for review. Once approved,Crowley may utilize a Water Department pre-
approved contractor to install the manhole and pipe connection tip to the easement line as part
of a community facilities agreement. Fort Worth's most current specifications and standards
shall govern the design of future connections.
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13.) Notification of Maintenance Activities. The Fort Worth Water Department shall endeavor
to provide twenty four hours advance notice via e-mail to the City of Crowley staff prior to
regularly scheduled maintenance on the trunk sewer lines installed with the Crowley City
Limits as part of the Crowley Collector Sewer Line Project. Fort Worth will not provide
advanced notice of unscheduled or emergency maintenance, which will generally be
coordinated with City of Crowley staff via phone calls and on-site meetings.
14.) Future Capacity Needs. Should Crowley request additional capacity in the future beyond
the capacity requested and paid for as part of this agreement, Fort Worth, at their discretion,
may elect to provide additional capacity within the Crowley Collector Sewer Line Project,to
be paid for at the pro-rata share of the total project cost,plus an interest escalation component
of 3.46% per year, calculated fiom the date of the construction acceptance to the date of
Crowley's request and approval by Fort Worth in writing. Should Crowley have surplus
capacity within the capacity identified in Part 2, Section 6 of this agreement and Fort Worth
wishes to utilize this surplus capacity,Crowley, at their discretion, may elect to provide all or
a portion of its surplus capacity within the Crowley Collector Line Project to Fort Worth,to be
paid for by Fort Worth at the pro-rata share of the total project cost,plus an interest escalation
component of 3.46%per year, calculated from the date of the construction acceptance to the
date of Fort Worth's request and approval by Crowley in writing.
PART 3—Financing,Billing and Payment Terms
15.) Financing Cost. Crowley shall pay its share of the financing costs incurred by Fort
Worth for the Village Creek and Deer Creek Parallel Relief Sewer Line Project and the
Crowley Collector Sewer Line Project in accordance with the pro-rata cost sharing
percentages associated with the Village Creek Main 257 Part 1,Village Creek Main 257 Part
2A, and Parts 1,2,and 3 of the Crowley Collector Sewer Line Project. Financing costs shall
consist of the interest incurred from the date the debt is issued by Fort Worth for the projects,
to the date of payment by Crowley for the two Projects. As an example,for the water and
sewer bonds issued in 2017 by Fort Worth,the total interest cost is 3.46%,though actual
interest rates will be utilized for future debt.
16.) Billing. Fort Worth will provide separate bills for the Village Creek and Deer Creek
Parallel Relief Project(Main 257 Part 1 and 2A and Main 325 Part 1 and 2)and the Crowley
Collector Sewer Line Project (Parts 1, 2 and 3). Upon completion of either of these two
projects,Fort Worth shall calculate the final and actual costs of engineering,easement and land
acquisition, construction, and inspection incurred (Actual Project Costs), as well as the
financing costs, and submit an invoice to Crowley. The invoice will include a detailed listing
of all payments made for the improvements,separated and totaled by segment and by category
(Engineering,Easements,Construction,Inspection,and Financing). The Parties agree that the
Actual Project Costs shall be shared by Crowley, the City of Fort Worth (and the City of
Burleson for Main 257 Parts 1 and 2A)based on the allocation percentages and methodology
outlined within this agreement. The Parties agree that the Actual Project costs shall be shared
by Crowley and Fort Worth for the Crowley Collector Sewer Line Project. Crowley agrees
that its pro rata share of the Actual Project costs may differ fiom the projections and estimates
included in this agreement,and shall be based on the final designs and installed costs.
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17.) Pam Upon completion of construction and acceptance of the Village Creels Parallel
Relief Line Project(Parts 1, 2A) and the Deer Creek Parallel Relief Line Project(Parts 1 and
2), Fort Worth shall send an invoice to Crowley for their share of that project. Upon
completion and acceptance of the Crowley Collector Sewer Line Project (Parts 1, 2, and 3),
Fort Worth shall send an invoice to Crowley for their share of that project. Fort Worth is aware
that Crowley plans to sell debt, in an amount not to exceed $6.7 million dollars, in order to
pay Fort Worth for their portion of the Village Creek and Deer Creels Parallel Relief Sewer
Line Project Costs,as well as the Crowley Collector Sewer Line Project Costs. Fort Worth is
aware that these funds may not be available from Crowley for payment to Fort Worth prior to
July 31, 2019. Fort Worth will invoice Crowley upon completion and acceptance of Parts 1
and 2A of the Village Creek Parallel Relief Sewer Line Project and Phase 1 and 2 of the Deer
Creek Parallel Relief Sewer Line Project, as well as completion of Parts 1, 2, and 3 of the
Crowley Collector Sewer Line Project. Upon receipt of each individual invoice, Crowley will
review each invoice for accuracy, responding in writing within 30 days whether they are in
agreement with the final accounting. Crowley shall pay the invoiced amount in full on the Due
Date which shall be the latter of(a) September 1,2019, or(b) 30 days from the date on which
Crowley receives the invoice. Should the total invoiced amount exceed $6.7 million, Fort
Worth is aware that Crowley shall be required to sell additional debt in order to fund Crowley's
portion of the project,which will result in a delayed payment to Fort Worth for that portion of
the contribution in excess of$6.7 million dollars. For that portion,Crowley agrees to pay Fort
Worth.prior to July 31,2020,with a total annual interest cost applied to that portion of 3.46%,
prorated.from the September 1,2019 up to the time of payment. Should Crowley disagree with
and dispute the final accounting and notify Fort Worth of same within 30 days of receipt of the
invoice,Crowley agrees to pay the entire invoice amount less the amount in dispute by the Due
Date. Fort Worth and Crowley shall resolve the disputed amount in accordance with Paragraph
24.4 of the Wastewater Collection Contract. Late payments by Crowley to Fort Worth shall
accrue interest at the rate of one and one-half percent(1-1/2%)per month until paid.
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Contract Compliance Manager:
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By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Chris Harder
Assistant Director
This Amendment No. I shall become effective upon the last date of execution by the Parties below.
CITY OF FORT WORTH CITY OF CROWLEY
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SHAPA R RT LOFTIN
ASSISTANT CITY MANAGER CITY MANAGER
DATE: 7 / 13 DATE:
ArrrROVED AS Tv FORM AND APPROVED AS TO FORM AND
LEGALITY LE A TY
C ST LOPEZ- OLD BY: Rob R H�b0r,
SR.ASSISTANT CITY ATTO Y CITY ATTORNEY
AT ST ATTEST
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Y KAYSER 0.
CITY SECRETAR GL CITY SECRETARY
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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EXHIBIT C - CROWLEY COLLECTOR
SEWER LINE PROJECT
14x18' DEFORMED BARS
CONSTRUCTION JOINT WITH DOWELED AND EPDXYED MIN.
SILICONE JOINT SEALANT TRENCH REPAIR LIMITS 8' INTO EXISTING PAVEMENT
PER 32 13 13-D518 (TYP.) JOINTING SHALL MATCH O 12' O.C. (TIP.)
CLASS 'H' CONCRETE EXISTING LOCATIONS EXISTING
EXISTING TREATED 7 PAYING PER SECTION 32 AND TYPES AS CONCRETE
SUBGRADE (IF ANY) 13 13 OR 'HES'IF CLOSELY AS POSSIBLE PAVEMENT
DESIGNATED ON DRAWINGS /4 BARS O 12. O.C.E.W.
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�r;��--rrr--i�rrr .i�. f-�. . .i �-H-s,:xs. ,;,`r ;:'�:Y:r�.+•;�' .;':�.• r!4 rrrir rr rrrr
+ + + r + + +
STRENGTH AND + ++� ♦++++ +++ + ++++++f + +• II
f f + + + r
THICKNESS TESTING -I I�+ + + + + + + + + + + f + + I
SHALL BE PERFORMED + + + + + + + + + + + + + + 1 UNDISTURBED
f + f + + + + + r + + + + f SUBGRADE
PER SECTION 32 13 13 - + + + + + + + + + + + + + +
�—
El E
r f + + f f + + + + r + f +
+ + + + r + + + + ....
r r + +
+ r + + f + + + f + f + a
ACCEPTABLE BACKFILLI ++x++++rCOifACTIUN .+4+
I�--
— FINAL SACKFUL
MATERIAL IN +++-2X TO+ BR OF OPTIMUM+ + - <18UNDER
PAVEMENT
ACCORDANCE WITH f + MOSIUCONTENT .+++ - ALL DEPTHS FOR
+ r + 4 + + r +r+r+fi• + + NON-PAVED AREASSECTION 33 13 13 -I + + + + + + + +f + +
+ + + + + + + + +
+ + + + + r + r + + r + f
+ + +
+ + + + r + + 4 + * a
=II++++++++++r+++++++++++++++++
+ + + + + f + + + r + r + + I�
+ + + + r r + + f + a + r +
+ + + + + + + r r + i + + 4 I
+ + + r r + + + ♦ r + + + r —
+ + a a + r a + + a r + + +
r r + + + r + + + + + + r +
8' MIN. AND -
12' MAX -INITIAL BAC
KRLL I
TRENCH GEOTEXTILE
I—
FABRIC
_I I hM1
CRUSHED ROCK PER
SECTION 33 OS 10
MIN. -LlIII
1---1 I
12' MIN. O 18'
MAX TRENCH WALL
CLEARANCE(TYP.)
TRENCH DEPTH
GREATER THAN IV,
GROUND WATER
PRESENT. OR BURIED
STEEL PIPE PER
SECTION 33 11 14
NOTE
• FOR CONCRETE STREETS <10
IRS OLD DIMENSION 'X' SHALL
EXTEND TO END OF PANEL,
OTHERWISE 'X' SHALL BE 12•
FORT WORTH CITY OF FORT WORTH,TEXAS DATE:01/11/2018
CONCRETE PAVEMENT TRENCH REPAIR -
ARTERIAL & INDUSTRIAL STREETS DRAWN:SL