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R-99-11-23-13C2 - 11/23/1999RECITALS DRAFT {October 18} [November 2], 1999 SUPPLEMENTAL WASTEWATER CONSTRUCTION AND DISPOSAL CONTRACT This agreement (the "Agreement ") is entered into between the Lower Colorado River Authority ( "LCRA ") and the City of Round Rock ( "Round Rock "). Round Rock is hereafter sometimes referred to as the "Customer." The parties to this Agreement are also parties, together with the City of Cedar Park ( "Cedar Park ") and the Brazos River Authority ( "BRA "), to that certain Wastewater Disposal Contract dated July 18, 1997 (the "Wastewater Disposal Contract ") pursuant to which BRA and LCRA, acting as an Alliance, provide regional wastewater disposal services to Round Rock and Cedar Park. The purpose of this Agreement is to provide for the construction, and possible maintenance and operation, of a certain wastewater interceptor line and related facilities [generally described on Exhibit A hereto] (the "Chandler Creek Interceptor Line ") to be connected with and flow to the Brushy Creek Regional Wastewater Disposal System (hereafter, the "System," as defined in the Wastewater Disposal Contract) to provide wastewater disposal services to Round Rock but not to Cedar Park. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN LCRA AND ROUND ROCK AS FOLLOWS: Agreement Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for construction of the Chandler Creek Interceptor Line which is to be connected to and flow into the System but which will not benefit Cedar Park and for which the parties agree Cedar Park should not bear any cost responsibility. This Agreement does not amend or change in any way the Wastewater Disposal Contract or the rights and obligations of LCRA, BRA, Round Rock and Cedar Park thereunder. Section 2. Definitions. Capitalized terms used herein have the meanings ascribed to them in the Wastewater Disposal Contract except as otherwise provided [herein] {bed Section 2. -hc following tcnna have these meanings when used in this Agrccn cnt: lint &,scribed on Exhibit A hereto). Section 3. Construction of Chandler Creek Interceptor Line. LCRA agrees to construct the Chandler Creek Interceptor Line and acquire appropriate easements or rights -of -way for the Chandler Creek Interceptor Line. LCRA shall construct the Chandler Creek Interceptor Line in conformity with the requirements of Section 2.01 of the Wastewater Disposal Contract, including retaining the services of BRA to provide inspection during construction; provided, however, that the Chandler Creek Interceptor Line shall not become part of the System or part of LCRA's larger water, wastewater and electric utility system unless and until Round Rock elects not to purchase the Chandler Creek Interceptor Line {u completion of its construction} as provided in Section 4 below. All actions of LCRA and Round Rock heretofore undertaken or accomplished in connection with this Section 3 are hereby in all respects ratified, approved and confirmed by the parties. [Notwithstanding anything herein to the contrary, the parties agree that the Chandler Creek Interceptor Line may be constructed in phases.] Section 4. Round Rock Option to Purchase Chandler Creek Interceptor Line. LCRA shall notify Round Rock in writing when construction of the Chandler Creek Interceptor Line is substantially complete. For a period of time commencing upon {receipt of the noticc from continuing for days thereafter} [execution of this agreement and continuing until March 31, 2001], Round Rock shall have the option to purchase the Chandler Creek Interceptor Line from LCRA by giving LCRA ten (10) days prior written notice of Round Rock's election to do so. If Round Rock elects to exercise the option, the purchase price shall be the sum of (i) the actual costs of construction incurred by LCRA together with carrying costs of % per annum thereon from the date LCRA incurs such costs to the date of purchase by Round Rock, (ii) all [out -of- pocket costs (i.e., non - internal LCRA costs) for] engineering, design, permitting, inspection and similar costs incurred by LCRA in connection with the construction of the Chandler Creek Interceptor Line (including, without limitation, any amounts paid to BRA for construction inspection services and the costs of any easements or similar rights -of -way for the line), [currently estimated as shown on Exhibit B hereto,] together with carrying costs of _% per annum thereon from the date LCRA incurs such costs to the date of purchase by Round Rock, and (iii) an additional two percent (2 %) of the actual costs of construction (not including engineering, design, permitting, inspection and similar non - construction costs) to reimburse LCRA for its construction management services. [In addition, if Round Rock purchases the Chandler Creek Interceptor Line during its construction, LCRA shall transfer the construction contract to Round Rock, which shall assume responsibility for payment of any remaining unpaid obligations thereunder.] If Round Rock elects to purchase the Chandler Creek Interceptor Line and gives notice to LCRA of its intent to do so, then the parties shall promptly schedule a closing within thirty (30) days thereafter at which time Round Rock will pay the purchase price for the Chandler Creek Interceptor Line, and LCRA will convey to Round Rock the Chandler Creek Interceptor Line, together with all easements or other rights of way related thereto pursuant to a special warranty conveyance [and any remaining construction contract rights and obligations, if any]. After any such closing, this Agreement shall terminate and be of no further force and effect. {Notwithstanding anything hcrcin to the contrary, thc parties agrcc that thc Chandler Crcck Interceptor Line may be constructed in phases, and if constructed in phases, Round Rock's 3 option to purchase thc Chandler Crcck Intcrccptor Linc may bc exercised separately as to caeh Section 5. Applicability of Provisions of Wastewater Disposal Contract. In the event Round Rock does not elect to purchase the Chandler Creek Interceptor Line, the parties agree that the terms and provisions of the Wastewater Disposal Contract shall be applicable to their rights and responsibilities in regard to the use, financing and operation of the Chandler Creek Interceptor Line such that as between them, the Chandler Creek Interceptor Line shall be considered part of the System to be owned by LCRA, operated by BRA in the event BRA agrees, or by LCRA if BRA does not so agree, and used to provide Wastewater disposal services to Round Rock as a Customer of the System; provided, however, Round Rock shall be the only "Customer" for the Chandler Creek Interceptor Line and shall be entitled to one hundred percent (100 %) of the Reserved Capacity of same as described in Exhibit {D hereto. [C hereto, and the Chandler Creek Interceptor Line shall be valued on LCRA's books at the same price as Round Rock's purchase option price provided in Section 4 of this Agreement.] Section 6. Credit for Prior Payments. Notwithstanding anything in Sections 4 and 5 to the contrary, the parties recognize that LCRA holds approximately $ {, including intcrcst earnings thereon,} as a result of its collection of charges from Round Rock pursuant to that certain "Wastewater Disposal Contract" among BRA, LCRA and Round Rock, dated July 6, 1996 (the "Original Wastewater Disposal Contract "), relating to the commencement of construction and operation of the System by LCRA and BRA for Round Rock before Cedar Park became a Customer[, which $ amount LCRA and Round Rock agree should be refunded or credited to Round Rock]. Because Round Rock was the only Customer who provided these funds {through Accumulated Covcragc} under the Original Wastewater Disposal Contract, use of this {Accumulated Covcragc) [amount, plus interest earnings accumulating thereon,] by LCRA is hereby authorized by Round Rock for the purpose of paying Round Rock's obligations under this Agreement to the extent said funds are available, and such use by LCRA fully settles and compromises any claims Round Rock might otherwise have to said funds pursuant to the Original Wastewater Disposal Contract. Section 7 (. Future Incorporation into Brun 4 including thc cities of Austin and Leander, and Brushy Crcck Municipal Utility District and Fern t. p.0 oidv- fui -- 1, rein in rcgard to thc Chandler Crcck Intcrccptor Line Chandler Crcck Intcrccptor Linc will bc incorporated as part of the System if and when a new regional wastewater disposal contract is executed and implemented. Section 8 }. Effective Date. This Agreement shall become effective upon execution by LCRA and Round Rock. Except for the Wastewater Disposal Contract, this Agreement shall constitute the sole and only contract between Round Rock and LCRA regarding Wastewater disposal services, and Round Rock hereby recognizes and affirms its responsibility to make the payments required hereunder. Section (9) [8]. Term of Agreement. Unless terminated earlier as provided in Section 4 above, this Agreement shall continue in force and effect from the Effective Date hereof for a period ending July 17, 2037, and thereafter, shall continue in effect until any Bonds, or Bonds issued to refund same, if any, have been paid in full. Round Rock hereunder shall have the right to the continued performance of services provided hereunder for the useful life of the Chandler Creek Interceptor Line to the extent of Round Rock's Reserved Capacity after amortization of LCRA's investment in those facilities, upon payment of just and reasonable charges by them. 'f Provided, however, this Agrccmcnt also may be terminated earlier by the parties in connection with thcir anticipated negotiations rcfcrcnccd in Section 7 above.) 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 , 1999. ATTEST: By: Name: Title: LOWER COLORADO RIVER AUTHORITY By: Name: Joseph J. Beal, P.C. Title: Manager, WaterCo 5 ATTEST: By: Name: Title: CITY OF ROUND ROCK By: [Name:] Robert Stluka [Title:] Mayor 6 The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new documents. [1:1 1:1] Changed [1:7 1:7] Changed [1:11 1:11] Changed [1:12 1:11] Changed [1:13 1:12] Changed [1:13 1:12] Changed [2:1 2:1] Changed [2:1 2:1] Changed [2:1 2:1] Changed [2:1 2:1] Changed [2:1 2:1] Changed [2:1 2:1] Changed [2:2 2:2] Changed [3:1 3:1] Changed [3:1 3:1] Changed [3:1 3:1] Changed [3:1 3:1] Changed [3:2 3:1] Changed [3:3 3:2] Changed [3:4 3:3] Changed [3:4 3:3] Changed [4:12 4:7] Changed [4:13 4:8] Changed REVISION LIST "October 18" to "November 2" "facilities (the" to "facilities ... hereto (the" "provided below ... Agreement:" to "provided " "The term "Chandler ... Exhibit A hereto" to "herein" "Line upon ... construction as" to "Line as" "parties. " to "parties. Notwithstanding ... in phases." "receipt of ... thereafter" to "execution ... March 31, 2001" "all engineering," to "all out -of- pocket ... engineering," "line), together" to "line), currently ... hereto, together" "services. If" to "services. ... thereunder. If" "conveyance." to "conveyance ... obligations, if any." "effect. Notwithstanding ... construction." to "effect. " "B hereto." to "C hereto, ... Agreement." "holds Accumulated ... thereon, as" to "holds approximately $ as" "Customer." to "Customer, ... Round Rock." "funds through ... Coverage under" to "funds under" "this Accumulated Coverage by" to "this amount, ... thereon, by" "7. Future ... implemented." to "7" "Section 8." to "." "9" to "8" "them. Provided, ... Section 7 above." to "them. " "Robert" to "Name: Robert" "Mayor" to "Title: Mayor" 7 RESOLUTION NO. R- 99- 11- 23 -13C2 WHEREAS, the Lower Colorado River Authority ( "LCRA ") and the City of Round Rock ( "Round Rock "), together with the City of Cedar Park and the Brazos River Authority ( "BRA "), are parties to that certain Wastewater Disposal Contract dated July 18, 1997 (the "Wastewater Disposal Contract ") pursuant to which BRA and LCRA, acting as an Alliance, provide regional wastewater disposal services to Round Rock and Cedar Park, and WHEREAS, the purpose of this Supplemental Wastewater Construction and Disposal Contract ( "Supplemental Contract ") is to provide for the construction, and possible maintenance and operation, of a certain wastewater interceptor line and related facilities (the "Chandler Creek Interceptor Line ") to be connected with and flow to the Brushy Creek Regional Wastewater Disposal System to provide wastewater disposal services to Round Rock but not to Cedar Park, and WHEREAS, the City Council wishes to authorize the execution of said Supplemental Contract, subject to the final approval of its terms and provisions by the City Manager and City Attorney, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, K: \WPUOCS \RESOLUTI \R91121C2 .WPD /91, That, subject to final approval of the terms and provisions of the Supplemental Contract by the City Manager and the City Attorney, the Mayor is hereby authorized and directed to execute on behalf of the City aforesaid Supplemental Contract, a copy of said Supplemental Contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of November, 1999. eet4.1 ROBERT A. STLUKA JR., Mayor City of Round Rock, Texas ATTEST: final. E LAND, City Secretary 2 /2- 99- 11 -Q3 SUPPLEMENTAL WASTEWATER CONSTRUCTION AND DISPOSAL CONTRACT This agreement (the "Agreement ") is entered into between the Lower Colorado River Authority ( "LCRA') and the City of Round Rock ( "Round Rock "). Round Rock is hereafter sometimes referred to as the "Customer." RECITALS The parties to this Agreement are also parties, together with the City of Cedar Park ( "Cedar Park ") and the Brazos River Authority ( "BRA "), to that certain Wastewater Disposal Contract dated July 18, 1997 (the "Wastewater Disposal Contract ") pursuant to which BRA and LCRA, acting as an Alliance, provide regional wastewater disposal services to Round Rock and Cedar Park. The purpose of this Agreement is to provide for the construction, and possible maintenance and operation, of a certain wastewater interceptor line and related facilities generally described on Exhibit A hereto (the "Chandler Creek Interceptor Line ") to be connected with and flow to the Brushy Creek Regional Wastewater Disposal System (hereafter, the "System," as defined in the Wastewater Disposal Contract) to provide wastewater disposal services to Round Rock but not to Cedar Park. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN LCRA AND ROUND ROCK AS FOLLOWS: Agreement Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for construction of the Chandler Creek Interceptor Line which is to be connected to and flow into the System but which will not benefit Cedar Park and for which the parties agree Cedar Park should not bear any cost responsibility. This Agreement does not amend or change in any way the Wastewater Disposal Contract or the rights and obligations of LCRA, BRA, Round Rock and Cedar Park thereunder. Section 2. Definitions. Capitalized terms used herein have the meanings ascribed to them in the Wastewater Disposal Contract except as otherwise provided herein. Section 3. Construction of Chandler Creek Interceptor Line. LCRA agrees to construct the Chandler Creek Interceptor Line and acquire appropriate easements or rights -of -way for the Chandler Creek Interceptor Line. LCRA shall construct the Chandler Creek Interceptor Line in conformity with the requirements of Section 2.01 of the Wastewater Disposal Contract, including retaining the services of BRA to provide inspection during construction; provided, however, that the Chandler Creek Interceptor Line shall not become part of the System or part of LCRA's larger water, wastewater and electric utility system unless and until Round Rock elects not to purchase the Chandler Creek Interceptor Line as provided in Section 4 below. All actions of LCRA and Round Rock heretofore undertaken or accomplished in connection with this Section 3 are hereby in all respects ratified, approved and confirmed by the parties. Notwithstanding anything herein to the contrary, the parties agree that the Chandler Creek Interceptor Line may be constructed in phases. Section 4. Round Rock Option to Purchase Chandler Creek Interceptor Line. LCRA shall notify Round Rock in writing when construction of the Chandler Creek Interceptor Line is substantially complete. For a period of time commencing upon execution of this agreement and continuing until March 31, 2001, Round Rock shall have the option to purchase the Chandler Creek Interceptor Line from LCRA by giving LCRA ten (10) days prior written notice of Round Rock's election to do so. If Round Rock elects to exercise the option, the purchase price shall be the sum of (i) the actual costs of construction incurred by LCRA together with carrying costs thereon per annum based on the six month United States Treasury Bill rate for each month from the date LCRA incurs such costs to the date of purchase by Round Rock, (ii) all out -of- pocket costs (i.e., non - internal LCRA costs) for engineering, design, permitting, inspection and similar costs incurred by LCRA in connection with the construction of the Chandler Creek Interceptor Line (including, without limitation, any amounts paid to BRA for construction inspection services and the costs of any easements or similar rights -of -way for the line), currently estimated as shown on Exhibit B hereto, together with carrying costs thereon as provided herein from the date LCRA incurs such costs to the date of purchase by Round Rock, and (iii) an additional two percent (2 %) of the actual costs of construction (not including engineering, design, permitting, inspection and similar non - construction costs) to reimburse LCRA for its construction management services. In addition, if Round Rock purchases the Chandler Creek Interceptor Line during its construction, LCRA shall transfer the construction contract to Round Rock, which shall assume responsibility for payment of any remaining unpaid obligations thereunder. If Round Rock elects to purchase the Chandler Creek Interceptor Line and gives notice to LCRA of its intent to do so, then the parties shall promptly schedule a closing within thirty (30) days thereafter at which time Round Rock will pay the purchase price for the Chandler Creek Interceptor Line, and LCRA will convey to Round Rock the Chandler Creek Interceptor Line, together with all easements or other rights of way related thereto pursuant to a special warranty conveyance and any remaining construction contract rights and obligations, if any. After any such closing, this Agreement shall terminate and be of no further force and effect. Section 5. Applicability of Provisions of Wastewater Disposal Contract. In the event Round Rock does not elect to purchase the Chandler Creek Interceptor Line, the parties agree that the terms and provisions of the Wastewater Disposal Contract shall be applicable to their rights and responsibilities in regard to the use, financing and operation of the Chandler Creek Interceptor Line such that as between them, the Chandler Creek Interceptor Line shall be considered part of the System to be owned by LCRA, operated by BRA in the event BRA agrees, or by LCRA if BRA does not so agree, and used to provide Wastewater disposal services to Round Rock as a Customer of the System; provided, however, Round Rock shall be the only "Customer" for the Chandler Creek Interceptor Line and shall be entitled to one hundred percent (100 %) of the Reserved Capacity of same as described in Exhibit C hereto, and the Chandler 2 Creek Interceptor Line shall be valued on LCRA's books in the same manner as LCRA values the LCRA System assets, including actual construction costs plus LCRA's actual internal costs for engineering, design, permitting, inspection and similar non - construction costs, and plus general and administrative costs. Section 6. Credit for Prior Payments. Notwithstanding anything in Sections 4 and 5 to the contrary, the parties recognize that LCRA holds approximately $936,394, excluding interest earnings thereon, as a result of its collection of charges from Round Rock pursuant to that certain "Wastewater Disposal Contract" among BRA, LCRA and Round Rock, dated July 6, 1996 (the "Original Wastewater Disposal Contract "), relating to the commencement of construction and operation of the System by LCRA and BRA for Round Rock before Cedar Park became a Customer, which $936,394 amount LCRA and Round Rock agree should be refunded or credited to Round Rock. Because Round Rock was the only Customer who provided these funds under the Original Wastewater Disposal Contract, use of this amount, plus interest earnings accumulating thereon, by LCRA is hereby authorized by Round Rock for the purpose of paying Round Rock's obligations under this Agreement to the extent said funds are available, and such use by LCRA fully settles and compromises any claims Round Rock might otherwise have to said funds pursuant to the Original Wastewater Disposal Contract. Section 7. Effective Date. This Agreement shall become effective upon execution by LCRA and Round Rock. Except for the Wastewater Disposal Contract, this Agreement shall constitute the sole and only contract between Round Rock and LCRA regarding Wastewater disposal services, and Round Rock hereby recognizes and affirms its responsibility to make the payments required hereunder. Section 8. Term of Agreement. Unless terminated earlier as provided in Section 4 above, this Agreement shall continue in force and effect from the Effective Date hereof for a period ending July 17, 2037, and thereafter, shall continue in effect until any Bonds, or Bonds issued to refund same, if any, have been paid in full. Round Rock hereunder shall have the right to the continued performance of services provided hereunder for the useful life of the Chandler Creek Interceptor Line to the extent of Round Rock's Reserved Capacity after amortization of LCRA's investment in those facilities, upon payment of just and reasonable charges by them. 3 • 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 13 day of / p b et J , 2000. LOWER COLORADO RIVER AUTHORITY ATTEST: By: a — Name ldt_u. S� Title: <; C•-� =�( Cp��c ATTEST: By: C Ov Vr`-r' Name:6 JOANNE LAND Title: C I Ty SEC,eorAR y By: Name: Paul I). Thornhill, P.E. Title: Manager, WaterCo CITY OF ROUND ROCK By: Name: Robert Stluka Title: Mayor 4 Exhibit A Chandler Creek Interceptor V/ /7 Quick Lake 1) Proposed 48" Wastewater Line I �i r OLD I SETTLER'S Chandler r SD Brushy Creeek Regional rastewater Treatment Plant EXHIBIT B Chandler Creek Wastewater Potable Water Interceptor Reuse Line Line Total Construction - Phase 1 $ 2,922,806 $ 695,036 $ 470,458 $ 4,088,300 Construction - Phase 2 $ 2,032,200 $ 502,420 $ $ 2,534,620 Total Construction Cost $ 4,955,006 $ 1,197,456 $ 470,458 $ 6,622,920 LCRA Management Fee (2 %) $ 99,100 $ 23,949 $ 9,409 $ 132,458 Engineering $ 333,263 $ 23,435 $ - $ 356,698 Real Estate Services $ 7,245 $ 1,751 $ 688 ROW Acquisition $ 5,000 $ 5,000 $ - $ 10,000 Inspection (BRA) $ 30,284 $ 7,356 $ 2,876 $ 40,516 Materials Testing $ 4,000 $ 2,400 $ 1,200 Legal $ 11,222 $ 2,712 $ 1,066 $ 15,000 Total Project Cost $ 5,445,120 $ 1,264,059 $ 485,697 $ 7,194,876 Developer Contribution $ (100,000) $ - $ $ (100,000) Credit for Accumulated Coverage $ (936,394) $ $ $ (936,394) Net Protect Cost $ 4,408,726 $ 1,264,059 $ 485,697 $ 6,158,482 Does not Include Capital Cost Carry which will be calculated per the contract depending on when/if the buy back option is exercised. The credit for accumulated coverage is the gross amount of coverage available before interest earnings are calculated based on monthly expenditures that the coverage is used for. Page 1 of 10 chandler exhibit b Total Cash Flow for the Project Management Fee on Construction Costs Capital Cost Carry Rate (6 month 743111 Accumulated Coverage Beginning 011 .40n1 1 1 Balanon Chandler Creek Interceptor Construction - Phase 1 Construction - Phase 2 Total Monthly Construction Cost Developer Contribution Accumulated Coverage Applied EXHIBIT B ACTUALS PHASE 1 061.98 Nov48 00688 Jan-99 Feb-99 Mar-99 Apr -99 May-99 Jun49 Jul-99 Aug-99 Sep-99 Oct-99 80089 55,295 51,101 $8,720 528.851 521,673 $28,965 522.227 $8.902 $22,576 54,881 $12,922 $18,151 51,082,324 5246,048 2% 2% 2% 255 2% 2% 2% 2% 2% 2% 2% 2 2% 2% 4.17% 4.58% 4.56% 4.47% 4.59% 4.63% 4.53% 4.73% 5.00% 4.76% 5.06% 5.07% 5.18% 5.42% 6996.643 $995,859 $999.296 5994,303 $969,449 5950.335 5925,251 5905,922 5899,952 5880,940 5879,385 $870,521 5855,577 00 50 00 90 00 50 50 So $0 50 50 50 51,035,518 5214,930 59 52 99 59 92 50 59 52 50 50 50 50 50 50 50 50 50 50 50 50 51,035,518 5214,930 LCRA Management Fee (2% of construction casts) $0 50 50 $0 s0 s0 $0 $0 $0 $0 $0 59 $20,710 $4,299 Engineering 54,947 51,029 58,147 526,956 519,540 524.259 $20,575 57,622 520,568 $3,169 211,459 $14,124 516,521 519,219 Real Estate Services $0 50 00 50 5567 50 5153 00 5202 5332 $277 52.007 51,886 51,466 ROWA6quis0on $0 50 $0 50 50 $1,500 00 00 00 $0 $0 $0 50 $0 Inspection (BRA) $0 50 $0 $0 50 50 s0 $0 00 s0 $0 s0 $0 49 Materials Testing 50 30 50 $0 $0 50 $0 S0 s0 50 $0 50 $0 50 Legal 50 50 50 50 $0 50 50 5557 5218 0702 5215 5283 54,428 93,210 Capital Cost Carry 59 59 50 12 52 25 22 91) 5° 59 59 9 957 2104 Total Monthly Project Cost Chandler Creek Interceptor $4,947 51,029 58,147 528,956 520,108 525,759 520,728 54178 520,988 54 ,283 511,951 018,394 51,080,001 5245 ,227 54,947 51,029 58,147 526,956 $20,108 $25,759 520,728 08,178 520,988 54,283 511,951 516,394 0657,105 Spy Net Buyback Amount as of end of month- Chandler Creek Interceptor $0 50 $0 $0 50 20 50 s0 $0 s0 s0 $0 5222,890 5488,123 Page 2 of 10 chandler_exhibil_b Total Cash Flow for the Project Management Fee on Construction Costs Capital Cost Carry Rate (6 month T-Bill ) Accumulated Coverage Beginning of Month Balance Chandler Creek Interceptor Construction- Phase 1 Construction - Phase 2 Total Monthly Construction Cost LCRA Management Fee (2% of construction costs) $20,347 89,000 $2,923 81.189 $0 $2,939 87,318 38,129 $8,129 $7,316 $4,977 $2,439 Engineering 527,432 524.459 $19,787 $17,043 88,042 87,095 36,128 55,502 65,447 35,113 $4,876 $4,225 Real Estate Services 8374 50 60 $0 80 $0 $0 80 $0 50 60 • $0 ROW Acquisition 50 $3,500 $0 50 80 $0 $0 60 50 30 60 50 Inspection (BRA) 80 86,057 54,543 84.543 80 51,514 $2,423 82,423 52,423 52.423 32,423 $4,514 Materials Testing 80 $800 $600 5600 $0 5200 $320 5320 9320 6320 5320 6200 Legal $1,122 $428 $0 $0 50 50 80 $0 60 $0 50 60 Capital Cost Carry M,r7 88236 SI le.3.3 55 10171 117,654 13 719 515,592 11/g_94 LII9, 469 19107 Total Monthly Project Cost Chandler Creek Interceptor 51,073,226 5503,394 5183,065 591,288 517,600 5143,350 5393,836 6436533 5438,351 5398,262 $274,828 3149,417 Developer Contribution 5100,000 Accumulated Coverage Applied Net Buyback Amount as of end of month - Chandler Creek Interceptor Page 3 of 10 EXHIBIT B PHASE 2 ESTIMATES Dec -99 Jan -00 Feb -00 Mar -00 Apr -00 May -00 Jun -00 Jul -00 Aug -00 Sep -00 05140 Nov -00 51,069,072 61,217,899 8534,689 5203,756 68,608 $164,914 8475439 5526,474 $526,416 $474,352 5318,979 8161,842 2% 2% 2% 296 2% 2% 2% 2% 2% 2% 2% 2% 5.15% 5.15% 5-1574 5.15% 5.15% 5,15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 51,017,364 3450,404 8146,140 355.457 80 50 $D 50 00 $D 30 30 85 55 85 1 1932 365795 5406.440 $406,440 61Z013 243864 $121932 51,017,364 5450404 5146,140 658,451 50 5121,932 5365,796 $406,440 5406,440 5385,796 8243,864 5121,952 80 80 80 80 90 50 $D 50 5D 09 $0 :80 81,541,348 $1,944,742 52,127,607 62,219,098 $2,236,696 52,380,046 $2,773,882 63,210415 53, 648, 766 $4,047,028 $4,321,856 54471,273 chandler exhibit b Total Cash Flow for the Project Management Fee on Conabumion Costs Capital Cost Carry Rate (6 month T -Bill ) Accumulator] Coverage Beginning of Month Balance Wastewater Retie° line EXHIBIT B ACTUALS PHASE 1 061.98 Nov -98 Dec -98 Jan -99 Feb-99 Mer•99 Apr-99 May-99 Jun-39 Jul -99 Aug-99 Sep-99 Ott -99 Nov-99 95,295 81,101 $8,720 528,851 521,673 528,965 522,227 58,002 522.576 $4,681 512,922 518,151 51,082,324 5248048 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 4.17% 4.58% 4.56% 4.47% 4.59% 4.63% 4.53% 4.73% 5.00% 4.76% 506% 5,07% 5.1814 542% 5996,643 5995,859 5999,296 0994.303 5969,449 5950.335 5925251 5905,922 5099,952 5880,940 5879,385 5870,521 8855,577 Construction - Phase 1 So 50 50 50 00 50 So 50 50 5o 50 5o 50 00 Construction - Phase 2 50 55 55 55 90 55 55 55 55 55 55 55 55 55 Tool Monthly Construction Cost 50 50 50 50 50 50 50 50 50 50 00 80 50 • 50 LCRA Management Fee (2% of construction costs) SO SO 50 00 50 50 $0 50 $0 50 50 50 50 '50 Engineering 5349 572 $573 81,896 01,374 51,708 $1,447 $536 01,446 0223 5806 $993 51,162 51,351 Real Estate 5erv10e0 00 50 E0 90 5137 50 537 50 $49 580 567 5485 5451 5354 ROW Acquisition 00 SO 50 SO S0 51,500 50 00 50 00 50 SO 50 50 Inspection (BRA) 50 $0 $0 50 SO 50 50 50 80 50 50 50 $0 '50 Materials Testing 60 50 50 50 50 50 50 80 SO 50 80 50 50 00 Legal 00 50 50 50 $0 50 50 5135 553 5189 552 563 51,070 0776 Capital Cost Carry 55 50 50 55 52 52 52 52 52 552 52 82 512 Total Monthly Pr0Jec1 Cost Wastewater Reuse Line 5348 572 5573 51,896 01,511 53,206 51,484 5670 51,546 $492 0925 51.542 52.694 02,505 Developer Contribution Credit for Accumulated Coverage Net Buyback Amount as of end of month • Wastewater Reuse Line 5345 572 0573 51,896 51,511 53,206 51.464 5670 51,546 5492 5925 51,542 50 013 00 80 $0 50 80 50 50 50 80 50 50 50 52,694 $5,199 Page 4 of 10 chandler exhibit b Total Cash Flow for the Project Management Fee on Construction Costs Capital Cost Carry Rata (6 month T-Bill ) Accumulated Coverage Beginning of Month Balance Wastewater Reuse line Construction - Phase 1 Construction - Phase2 Total Monthly Construction Cost Developer Contribution Credit for Accumulated Coverage Net Buyback Amount as of end of month • Wastewater Reuse Line Page 5 of 10 EXHIBIT B PHASE 2 ESTIMATES Dec-99 Jan -00 Feb •0 Mar -00 Apr-00 May -00 Jun •0 JeI •0 Aug •0 Sep 410 Oct-00 Nov -00 51,069.072 $1,217,699 5534,689 5203,756 08,608 5164,914 $475.439 5526.474 $526,416 5474,352 5316,979 5161,842 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 5.15% 5.15% 5.15% 515% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5,15% 5.15% 50 5417.022 5208,510 569,504 50 50 50 50 50 50 50 50 54 301• 90436 1004 100484 90438 502290 30145 50 $417,022 5208,510 569,504 50 530,145 590,436 5100,484 9100,484 590,436 550.290 630,145 LCRA Management Fee (2% of construction costs) 50 58,340 54,170 51,390 $0 5603 51,509 $2,010 52,010 $1,809 51,206 5603 Engineering 51.929 $1,720 51,390 51,198 5568 $499 5431 6387 8363 $360 $343 5297 Real Estate 5ernces $90 SO 50 SO 50 $0 SO $0 $0 $0 $O 50 ROW Acquisition 50 53,500 50 SO 50 50 SO 50 $0 50 50 50 Inspecti0n (BRA) 50 51,471 51,103 51,103 50 5368 5586 5588 5588 5568 5588 . 5368 Matelots Testing 50 5460 5360 5380 50 5120 5192 5192 5192 5192 5192 5120 Legal 5271 5103 50 50 50 50 50 50 50 80 S0 50 Capital CO8t Catty 53 5.1,119 ILEM 31 81113 5 M,i M, M,1 5075 5.5 M,1 Total Monthly Project Cost Wastewater Reuse Line 52,323 5434,526 5218,356 $76,706 $3.731 535,050 $97,187 5107,853 5108,312 898,460 567,965 537,057 $0 50 $0 $0 50 50 $0 50 $0 $0 $0 50 57,522 5442.048 5660,404 8737.110 5740,841 5775.891 5873,078 5980,931 81,089,243 51,187,703 51.255,668 51,292,745 chandler_eohibit_b Total Cash FIOW for the Project Management Fee on Consbuction Costs Capital Cost Carry Rate (6 month 7-Bill ) Accumulated Coverage Beginning of Monet Balance Potable Water Line Total Monthly Project Cost Potable Water Line Developer Contribution Credit for Accumulated Coverage Net Buyback Amount as of end of month • Potable Water Line EXHIBIT B ACTUALS PHASE 00496 Nov -90 Dec-96 Jan -99 Feb -99 Mar419 Apr-99 May -99 Jun -99 Jul -99 Aug Sep -99 Ocl -99 Nov -99 55,295 51,101 $8,720 528,851 $21,673 929,965 522.227 58,902 522,576 54,801 512,922 510,151 51,082,324 $246,048 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 4.17% 4.58% 4.56% 447% 4.59% 463% 4.53% 4.1304 50054 4.76% 5.06% 5.0754 5.18% 5.42% 5995,643 5995,859 5999296 $994603 5969,449 5950,335 5925,251 $905.922 $899,952 5880,940 5879,385 $870,521 $855,577 Construction - Phase 1 50 S0 SO 50 50 SO 50 50 SO SO 50 SO $0 SO Construction - Phase 2 50 22 IQ £0 52 $2 522 52 02 12 22 5Q 52 50 Total Monthly Construction Cost 50 50 50 50 50 50 S0 50 50 $0 50 $0 50 50 LCRA Management Fee (2 %0l construction costs) 5O 50 50 50 50 $0 $0 50 50 $0 50 50 $0 50 Engineering SO $0 SO $0 50 SO $0 $a $0 30 10 S0 50 $0 Real Estate Services 50 50 $0 $0 554 50 515 50 519 532 $26 $191 5177 5139 ROW Acquisition 50 50 50 50 50 50 $0 50 $0 50 50 50 SO $0 Inspection (BRA) 50 50 50 $0 50 So $0 50 50 50 50 5a 50 so Materials Testing So 90 $o So SO So 50 50 So 50 50 $o $o So Legal $0 $0 $0 50 So 50 $0 553 521 574 520 525 $420 $305 Capital Cost Cany 52 52 52 52 52 56 $D 22 92 92 69 19 S 02 50 50 50 $0 554 50 515 553 $40 $106 547 5215 5600 5449 $0 50 $0 $0 $54 50 515 553 $40 5106 $47 5215 $0 $p 50 50 50 50 $0 50 50 50 50 $0 50 50 5600 51,049 Page 6 of 10 chandler exhibit b Total Cash Flow for ma Project Management Fee on Construction Cools Capital Cost Carry Ra1e (6 month T -Bill Accumulated Coverage Beginning of Month Balance Potable Water Line Construction - Phase 1 Construction - Phase 2 Total Monthly Construction Cost Developer Contribution Credit for Accumulated Coverage Page 7 of 10 EXHIBIT B PHASE 2 ESTIMATES O.419 Jan -00 Feb -00 Mar -00 Apr -00 May -00 Jun -00 Jul -00 Aug -00 Sep -00 Oct-00 Nov 430 51,069,072 51,217,699 $534,669 5203,756 2% 2% 2% 2% 5,15% 5.15% 515% 5.15% 58,606 5164,914 8475,439 $526.474 5526,416 8474,352 5316,979 9161,842 2% 2% 2% 2% 2% 2% 2% 2% 5.15% 515% 51510 515% 5.15% 5.15% 515% 5.1510 50 5282,275 5141,137 547,048 50 80 *0 80 80 80 $0 $0 52 52 L L $2 52 $2 $9 50 5282,275 5141,137 547,046 80 50 50 $0 50 50 $0 50 LCRA Management Fee (2% of ccnsbuceon coals) 50 55,646 $2,623 5941 50 $0 S0 $0 $0 50 50 • 90 Engineering 50 50 50 $0 50 50 50 50 50 50 $0 SO Real Estate Services 536 50 $0 SO $0 50 $0 SO $0 $0 50 • 50 ROWAoquisition 50 50 $0 50 50 $0 $0 $0 50 $D 50 50 Inspec0on (BRA) 50 $1,726 5063 5266 50 SO 50 SO $0 Ea $D • 50 Materials Testing 50 $720 5360 5120 50 50 50 S0 SO $0 50 50 Legal 5107 $41 50 50 50 50 S0 SO SD 50 $0 50 Capital Cost Carry 52 SIM 81,131M 2096 2105 $2,11L1 2123 U 132 2147 2150 12.153, 2169 Total Monthly Protect Cost Potable Water Line 5147 8291,650 $147,062 550,490 52,105 52,114 52.123 52,132 52,141 52.150 52.159 52,169 5D 50 so 50 so $o s0 $o So So 50 ,yo Net Buyback Amount as of end of month Potable Water Line 51.196 5 292,854 5439917 5490,407 5492. 511 5 494,625 5496,748 5498,880 $501,021 $503,171 5505,330 5507,499 chandler exhibit b Total Cash Flow for the Project Management Fee on Construction Costs Capital Cost Carry Rate (6 month T -8i11 ) Accumulated Coverage Beginning of Month Balance TOTAL PROJECT COST Developer Conbibution Credit for Accumulated Coverage Net Buyback Amount as of end of month -TOTAL PROJECT Page 8of10 EXHIBIT B ACTUALS PHASE 1 OC8-98 •00 -98 886.98 Jan -99 Feb-99 Mar-99 Apr-99 May-09 Jun -99 101.99 Aug-99 Sep-99 Oct-99 Nov-99 55,295 51,101 98,720 $28.851 521,673 $28.965 522,227 58,902 622,576 54.891 512,922 518,151 51,082,324 8246,048 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 4.17% 4.58% 4.58% 447% 4.59% 4.63% 4.53% 4.730 5.00% 4.76% 5.06% 5.07% 5.18% 5.42% 5996,643 5995.659 5999,256 5994,303 5969.449 5950,335 5925,251 5905,922 5899.952 5880,940 5879,365 9670,521 5855,577 Construction- Phase 1 $0 50 $0 50 50 50 90 SO $0 $0 50 50 $1,035,518 5214,930 Construction Phase 2 52 54 82 52 52 5 52 62 $O 52 92 22 92 52 Total Monthly Construction Cosl 50 $0 50 50 $0 50 50 50 SO 50 $0 S0 $1,035.516 $214,930 LCRA Management Fee (2% of construction costs) 50 50 $0 $0 50 $0 50 50 50 SO 90 $0 520,710 $4,299 Engineering 85,295 51,101 $8.720 628.851 520.914 $25,965 822,021 86,158 822,014 53,392 512,265 615.118 $17,683 520,520 Real Estate Services 80 SO 50 80 5758 50 5205 50 9270 9444 $370 82,683 52,493 51,959 ROW Acquisition SO 50 50 90 50 53,000 50 $0 $0 S0 S0 SO 50 $0 Inspection (BRA) So 50 50 50 50 $0 50 50 50 So So $0 50 50 Materials Testing 50 50 50 50 $0 50 50 50 50 90 $0 50 50 30 Legal 50 50 50 SO 30 50 50 5744 $292 51,045 5287 5351 55,919 64.291 Capital Cost Carry 52 52 52 92 82 92 92 94 L 92 50 59 51 taD2 Total Mommy Project Cost $5,295 81.101 $8,720 $28,851 921,873 528,965 522,227 88,902 522,576 $4,881 $12,922 518,151 $1,083,295 $248,180 So 90 So 50 $0 $0 90 50 50 50 $0 $o SO So 55.295 51,101 58,720 528.851 621,673 628.965 922,227 58,902 $22,576 54,881 512,922 518,151 5857.105 90, SO SO 50 50 50 50 50 SO 50 50 90 50 5226,190 $474,371 chandler exhibit b Total Cash Flow for the Project Management Fee on Construction Costs Capital Cost Carry Rate (6 month 7.6111 ) Accumulated Coverage Beginning of Month Balance TOTAL PROJECT COST EXHIBIT B PHASE2 ESTIMATES Dec -99 Jan-00 Fels-00 Mar -00 Apr -00 May -00 Jun -00 Jul -00 Aug -00 085 -00 Oct -00 Nov -00 51,069.072 51217,699 6534.689 5203,756 58.608 6164.914 $475,439 5526.474 5526,416 6474,352 3318,979 0161,842 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 51514 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% Consvuc80n -Phase 1 61,017.364 $1,149,701 5495,787 5175,001 50 50 50 50 50 50 $0 80 Construction - Phase2 $0 54 30 55 55 ii§zsgi 456232 506929 506924 $456,232 304154 II= Total Monthly Construction Cost 51,017,364 51,149,701 5495,787 $175,001 $0 5152,077 $456,232 5506,924 5506,924 $456,232 5304,154 5152,077 LCRA Management Fee (2% of construction casts) 620,347 522,994 $9,916 $3,500 50 53,042 59,125 510,138 510,138 59,125 $6,083 03.042 Engineering 529,361 526,179 521.157 518,241 $8,608 57,593 56,559 55,889 $5,830 $5,473 $5,219 04.522 Real Es0:110 Services 5500 50 30 50 $0 $0 50 50 50 50 50 $0 ROW Acquisition 50 57,000 60 50 S0 50 50 50 SO 50 $0 80 Inspection (BRA) 50 59.254 56,509 55,934 50 51.882 53,011 53.011 63.011 $3,011 53,011 61,882 Materials Testing 50 52.000 51,320 51.080 50 5320 5512 5512 5512 5512 5512 8320 Legal 51,500 5572 50 50 50 50 50 50 50 50 50 50 Capital Cost Carry 024 11 97 13 795 14 729 14 829 15 600 5E,M $20.043 52_23.01 I2LL 52 $11,1c. Total Monthly Project Cost 51,075,696 51,229,578 5548,483 5218,494 523,436 5180,514 5493,146 5546,517 5548,804 5498.872 5344,973 5188.643 Developer Contribution Credit for Accumulated Coverage So 5100,000 50 50 So 50 50 50 50 50 50 56 50 50 50 50 50 50 So so 56 50 $o g0 Net Buyback Amount as of end of month -TOTAL PROJECT 51,550,066 52,679,644 83,228,128 53,446,612 53,470,046 53,650,562 54,143,709 54.690,226 55.239,030 55,737,902 56.082,675 56,271,518 Page 9 of 10 chandler exhibit b EXHIBIT B FY97 Coverage FY97 Coverage Beginning Interest Ending Balance Expenditures Earned Balance Sep -97 $936,394.00 $0.00 $4,566.18 $940,960.18 Oct -97 $940,960.18 $0.00 $4,329.88 $945,290.06 Nov -97 $945,290.06 $0.00 $3,623.04 $948,913.10 Dec -97 $948,913.10 $0.00 $4,787.63 $953,700.73 Jan -98 $953,700.73 $0.00 $5,290.78 $958,991.51 Feb -98 $958,991.51 $0.00 $3,974.07 $962,965.58 Mar -98 $962,965.58 $0.00 $4,868.02 $967,833.60 Apr -98 $967,833.60 $0.00 $4,686.71 $972,520.31 May -98 $972,520.31 $0.00 $4,834.74 $977,355.05 Jun -98 $977,355.05 $0.00 $4,287.23 $981,642.28 Jul -98 $981,642.28 $0.00 $5,370.98 $987,013.26 Aug -98 $987,013.26 $0.00 $4,562.36 $991,575.62 Sep -98 $991,575.62 $0.00 $5,067.08 $996,642.70 Oct -98 $996,642.70 $5,295.00 $4,510.99 $995,858.69 Nov -98 $995,858.69 $1,101.12 $4,538.69 $999,296.26 Dec -98 $999,296.26 $8,720.00 $3,727.19 $994,303.45 Jan -99 $994,303.45 $28,851.36 $3,997.09 $969,449.18 Feb -99 $969,449.18 $21,672.71 $2,558.71 $950,335.17 Mar -99 $950,335.17 $28,965.42 $3,880.78 $925,250.53 Apr -99 $925,250.53 $22,226.59 $2,897.69 $905,921.63 May -99 $905,921.63 $8,901.50 $2,931.61 $899,951.74 Jun -99 $899,951.74 $22,575.89 $3,564.28 8880,940.13 Jul -99 $880,940.13 $4,880.89 $3,326.06 $879,385.30 Aug -99 $879,385.30 $12,922.20 $4,057.66 $870,520.76 Sep -99 $870,520.76 $18,151.32 $3,207.11 $855,576.55 Oct -99 $855,576.55 $857,104.81 $1,528.25 ($0.00) Page 10 of 10 chandler exhibit b EXHIBIT C Round Rock shall be entitled to one hundred percent (100 %) of Reserved Capacity in the Chandler Creek Interceptor Line. DATE: November 16, 1999 SUBJECT: City Council Meeting — November 23, 1999 ITEM: 13.C.2. Consider a resolution authorizing the Mayor to execute a Supplemental Wastewater Construction and Disposal Contract with the Lower Colorado River Authority. This agreement provides for the construction of Phase I of the Chandler Creek Interceptor. This line will be owned by the LCRA, however, Round Rock has the option to purchase it out right. Staff Resource Person: Jim Nuse, Public Works Director.