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R-2022-288 - 8/25/2022 RESOLUTION NO. R-2022-288 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Advance Funding Agreement for Voluntary Utility Relocation Contributions on State Highway Improvement Projects and a revised Standard Utility Agreement with the State of Texas, acting through the Texas Department of Transportation regarding the Waterline Betterment Project at Interstate 35 (Cap-Ex North Section) (collectively the "Agreements"), 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 said Agreements, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 25th day of August, 2022. i CRAIG MOR AN, or City of Roun Rock exas ATTEST: MEAGAN Ty NKS, City Clerk 0112.1902,00426192 CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY UTILITY RELOCATION CONTRIBUTIONS ON STATE HIGHWAY IMPROVEMENT PROJECTS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation ("State") and City of Round Rock ("Utility"), WITNESSETH WHEREAS, Transportation Code, Chapters 201 , 221 , and 361 , authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and, WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §203.092 authorizes the State to regulate the placement of public utility facilities along a state highway; and, WHEREAS, Texas Transportation Commission Minute Order Number 115291 , 115550, and 116073 authorizes the State to undertake and complete a highway improvement generally described as: add one northbound and one southbound non-tolled managed lanes, reconstruct ramps, and add frontage road and main lane auxiliary lanes ("Project"); and, WHEREAS, Utility possesses facilities that are affected by the above mentioned highway improvement and Utility, and the State agrees that it is more economical or efficient for such relocation to be effected by including said contract in the State's highway construction contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the State and Utility do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and Utility will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which are eligible for relocation reimbursements or for which Utility has requested and has agreed to pay for as described in Attachment A - Payment Provision and Work Responsibilities, which AFA Utility Page 1 of 5 Revised 04/23/2021 CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E is attached to and made a part of this contract. In addition to identifying those items of work to be paid for by payments to the State, Attachment A - Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of Utility and will be carried out and completed by Utility, at no cost to the State. The Utility shall be responsible for costs that are shown on Attachment B, Estimated Utility Costs, which is attached to and made a part of this agreement. B. If the Utility will perform any work under this contract for which reimbursement will be provided by or through the State, the Utility must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Utility shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Utility or an employee of a firm that has been contracted by the Utility to perform oversight of the Project. The State in its discretion may deny reimbursement if the Utility has not designated a qualified individual to oversee the Project. C. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 3. Termination A. This agreement may be terminated in the following manner: 1 . By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project or utility work is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, Utility will be responsible for the payment of Project costs incurred by the State on behalf of Utility up to the time of termination. 4. Right of Access If Utility is the owner of any part of the Project site, Utility shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 5. Adjustments Outside the Project Site Utility will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 6. Responsibilities of the Parties and Indemnity Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or AFA Utility Page 2 of 5 Revised 04/23/2021 CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# U00009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E employees during the performance of the work on the Project. To the extent permitted by law, Utility agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions, or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, maintenance, or operation of the Utility facility. Such indemnity includes but is not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law", the Texas Tort Claims Act, Chapter 101 , Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. 7. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between Utility and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 8. Successors and Assigns The State and Utility each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 9. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. 10. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A - Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Utility Accommodation Rules as set forth in 43 Texas Administrative Code §21 .31 et. seq. adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 11. Maintenance Upon completion of the Project, Utility will assume responsibility for the maintenance of the completed Utility facility unless otherwise specified in Attachment A to this agreement. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: AFA Utility Page 3 of 5 Revised 04/23/2021 CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E Utility: State: City of Round Rock Director of Contract Services Utility Director or Designee Texas Department of Transportation 3400 Sunrise Road 125 E. 11th Street Round Rock, TX 78665 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 14. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. 15. Access to Information The Utility is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. AFA Utility Page 4 of 5 Revised 04/23/2021 CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E Each party is signing this agreement on the date stated under that party's signature. THE UTILITY Signature Craig Morgan Typed or Printed Name Mayor Title Date THE STATE OF TEXAS Tucker Ferguson, P.E., Austin District Engineer Date AFA Utility Page 5 of 5 Revised 04/23/2021 CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES 1. Description of the Work Items The parties agree that the existing waterline shall be relocated and adjustments shall be made along IH 35 from SH 45N to FM 1825. The waterline facilities shall be owned, operated, and maintained by Utility from and after completion and final acceptance by the State and Utility. The estimated total construction cost for the relocated and adjusted facilities is $298,259.00 The parties agree that it is their intent to complete the relocation improvements within this estimate of cost. 2. Actual Cost Agreement Utility will be responsible for paying all costs associated with the planning, specification, and estimate (PS&E) development, and construction of the proposed utility work to the extent such is not reimbursed pursuant to state law. All the costs associated with construction of the waterline items for the Project shall be provided as defined under the Standard Utility Agreement, Utility Joint Use Agreement, and/or the Agreement to Contribute Funds executed between the State and Utility. 3. Schedule of Payments A. At least forty-five (45) days prior to the date set for receipt of the construction bids, the Utility shall remit its remaining financial share for the State's estimated construction oversight and construction costs. Utility must advance to the State one hundred percent (100%) of its share of the estimated Project utility construction costs. The amount to be advanced for the utility improvements is estimated to be $ 197,674.08. (See Attachment B — Estimated Utility Costs) B. In the event the State determines that additional funding is required by the Utility at any time during the Project, the State will notify the Utility in writing. The Utility is responsible for one hundred percent (100%) of the authorized project cost and any overruns. The Utility will make payment to the State within thirty (30) days from receipt of the State's written notification. C. Whenever funds are paid by the Utility to the State under this agreement, the Utility will remit a warrant made payable to the "Texas Department of Transportation." The warrant will be deposited by the State and managed by the State. Until the final Project accounting, funds may only be applied by the State to the Project. D. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Utility, the State, or the Federal Government will be promptly paid by the owing party. 4. Work Responsibilities A. The Utility shall provide the following services under this contract: i. Responsible for engaging the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for waterline relocations and adjustments along IH 35 from SH 45N to FM 1825. AFA Utility Page 1 of 3 Attachment A CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation's North Travis Area Office. iii. Secure all necessary permitting as may be required for the installation of the waterline line. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed waterline during construction, and the relocation of the waterline and connection of services to customers. V. Advise the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing waterline during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. X. Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. xi. Coordinate all construction activities performed by Utility's staff for the relocations and adjustments through the Project Engineer. B. The State shall provide the following services under this contract: i. Combine the waterline relocation and adjustment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction-related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. V. Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and AFA Utility Page 2 of 3 Attachment A CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. vi. Conduct field observations and coordinate with Utility's inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. vii. Make timely payment to the contractor for work performed in connection with the Project. viii. Ensure access and permit Utility's inspectors and other authorized representatives to inspect the waterline construction at all times. ix. Conduct and coordinate final inspection of the Project in the presence of Utility's Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. X. Maintain job file. AFA Utility Page 3 of 3 Attachment A CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# U00009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E ATTACHMENT B ESTIMATED UTILITY COSTS Based on various calculations, following are those amounts due and payable for Utility's costs associated with this project. Total Estimated Costs $298,259.00 Less Betterment Amount Due from Utility $197,674.08 Amount of total utility relocation Costs $100,584.92 Estimated Amount Eligible for Reimbursement (Calculated eligibility Ratio — 100%) $100,584.92 Amount of Utility Adjustment Due from Utility $197,674.08 Estimated amount to be included in Construction Agreement A. Betterment $197,674.08 B. Utility Adjustment $100,584.92 GRAND TOTAL $298,259.00 Betterment Ratio Calculation Estimated Betterment Costs 1 . Extend 12" Waterline Betterment Calculation: Total Costs of Betterment (Estimated) - $211,104.00 Total Costs of Project (Estimated) - $421,680.44 AFA Utility Page 1 of 2 Attachment B CSJ #0015-10-062, #0015-13-389 ROW CSJ #0015-10-065, #0015-13-406 Utility ID# 000009528 District #14-Austin Code Chart 64 #36750 Project: Capital Express North- IH 35 from SH 45N to FM 1825, from FM 1825 to US 290E Betterment Percentage for final cost determination: 50.07% of final cost of relocation Determination of Betterment- Comparison of estimated cost to replace "as is" versus estimated costs associated with the betterment. Item A: $210,576.44 is the estimated cost of relocation, replacing "as is." Item B: $421 ,680.44 is the estimated cost of relocation with betterment. AFA Utility Page 2 of 2 Attachment B oepanmena 77* orr�nRson Form ROW-U-35 (Rev.10/20) Page 1 STANDARD UTILITY AGREEMENT U Number: Utility ID: 000009528 District: Austin County: TRAVIS Federal Project No.: F 2022(459) Highway: IH 35 ROW CSJ: 0015-10-065; 0015-13-406 From: US 290E Highway Project Letting Date: 4/2022 To: SH45N This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and City of Round Rock , ("Utility"), acting by and through its duly authorized representati\,e, shall be effecti\,e on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway impro\,ements as designated by the State and appro\.ed by the Federal Highway Administration within the limits of the highway as indicated abo\.e (the "Highway Project"); WHEREAS, the proposed Highway Project will necessitate the adjustment, removal, and/or relocation of certain facilities of the Utility as indicated in the following statement of work: Existing 16" DI WL is in conflict with relocation of overhead electric facilities. It was determined during utility coordination that a new alignment of the existing 16"WL within TxDOT ROW was in the best interest of the project. There is also elective betterment of a 12" WL to fill in a gap in the water system. and more specificallyas shown in the Utility'splans,specifications and estimated costs,whichare attached hereto as Attachment"A". WHEREAS, the State will participate in the costs of the adjustment, removal, and relocation of certain facilities to the extent as may be eligible for State and/or Federal participation. WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges the Utility's interest in certain lands and facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its facilities located upon the lands as indicated in the statement of work abo\.e. NOW, THEREFORE, BE IT AGREED: The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility's facilities up to the amount said costs may be eligible for State participation. All conduct under this agreement, including but not limited to the adjustment, removal, and relocation of the facility, the de\,elopment and reimbursement of costs, any environmental requirements,and retention of records will be in accordance with all applicable federal and state laws, rules and regulations,including,without limitation,the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§4601, et seq.,the National Environmental Policy Act, 42 U.S.C.§§4321, et seq., the Buy America provisions of 23 U.S.C. §313 and 23 CFR 635.410, as amended, Texas Transportation Code § 223.045, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and the Utility Accommodation provisions of 23 CFR 645, Subpart B. ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 2 The Utility shall supply, upon request by the State, proof of compliance with the aforementioned laws, rules, regulations, and guidelines prior to the commencement of the adjustment, removal, and relocation of the facility. The Utility shall not commence any physical work, including without limitation site preparation,on the State's right of way or future right of way, until TxDOT provides the Utility with written authorization to proceed with the physical work upon TxDOT's completion and clearance of its environmental review of the Highway Project. Any such work by the Utility prior to TxDOT's written authorization to proceed will not be eligible for reimbursement and the Utility is responsible for entering any property within the proposed limits of the Highway Project that has not yet been acquired by TxDOT. This written authorization to proceed with the physical work is in addition to the authorization to commence work outlined below. Notwithstanding the foregoing, the provisions of this paragraph are required only when TxDOT has not obtained completion and clearance of its environmental review of the Highway Project prior to the execution of this Agreement by the State and the Utility. The Utility shall comply with the Buy America provisions of23 U.S.C. §313, 23 CFR 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code § 223.045 and, when products that are composed predominately of steel and/or iron are incorporated into the permanent installation of the utility facility, use domestically manufactured products. TxDOT Form 1818 (Material Statement), along with all required attachments, must be submitted, prior to the commencement of the adjustment, removal, and relocation of the facility,as evidence of compliance with the aforementioned provisions.Failure to submit the required documentation or to comply with the Buy America, and Steel and Iron Preference requirements shall result in: (1) the Utility becoming ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface Transportation Efficiency Act of 1991; (2)the State withholding reimbursement for the costs incurred by the Utility in the adjustment, removal, and relocation of the Utility's facilities; and (3) removal and replacement of the non- compliant products. The Utility agrees to develop relocation or adjustment costs by accumulating actualdirect and related indirect costs in accordance with a work order accounting procedure prescribed by the State,or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by the Utility. Bills for work hereunder are to be submitted to the State not later than one (1)year after completion of the work. Failure to submit the request for final payment, in addition to all supporting documentation, within one (1) year after completion of the work may result in forfeiture of payment for said work. When requested, the State will make intermediate payments at not less than monthly intervals to the Utility when properly billed. Such payments will not exceed 90 percent (90%)of the eligible cost as shown in each such billing. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. The State will, upon satisfactory completion of the adjustment, removal, and/or relocation and upon receipt of final billing prepared in an approved form and manner and accounting for any intermediate payments, make payment in the amount of 90 percent (90%)of the eligible costs as shown in the final billing prior to audit and after such audit shall make an additional final payment totaling the reimbursement amount found eligible for State reimbursement. Alternatively, the State agrees to pay the Utility an agreed lump sum of$ N/A as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and relocations and upon receipt of a final billing, make payment to the Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to perform such work diligently and to conclude said adjustment, removal, and relocation by the stated completion date which is attached hereto in Attachment"C". The completion date shall be extended for delays caused by events outside the Utility's control, including an event of Force Majeure, which shall include a strike,war or act of war(whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the State or any other party with the Utility's ability to proceed with the work,or any other event in which the Utility has exercised all due care in the prevention thereof so that the causes of other events are beyond the control and without the fault or negligence of the Utility. Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 3 This agreement in its entirety consists of the following elements: Standard Utility Agreement—ROW-U-35; • Plans, Specifications, and Estimated Costs (Attachment"A"); • Accounting Method (Attachment"B"); • Schedule of Work (Attachment "C"); • Statement Covering Contract Work—ROW-U-48 (Attachment"D"); • Utility Joint Use Agreement— ROW-U-JUA and/or Utility Installation Request — Form 1082 (Attachment "E"); • Eligibility Ratio(Attachment"F"); • Betterment Calculation and Estimate(Attachment "G"); and • Proof of Property Interest—ROW-U-Affidavit (Attachment "H"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the State and the Utility. This agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized, and such cancellation will not create any liability on the part of the State. However, the State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State Auditor may conduct an audit or investigation of any entity receMng funds from the State directly under this contract or indirectly through a subcontract under this contract.Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance ofthe authority ofthe State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Utility by execution of this agreement does not waive any of the rights that the Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, and relocation at its own risk, and that the State makes no warranties or representations regarding the existence or location of utilities currently within its right of way. Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 4 The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf oft he party represented. UTILITY EXECUTION RECOMMENDED: Utility: City of Round Rock Name of Utility Directorof TP&D(or designee),Austin District By: Authorized Signature THE STATE OF TEXAS Craig Morgan Executed and appro\,ed for the Texas Print or Type Nara Transportation Commission for the purpose and effect of activating and/or carrying out the Title: Mayor orders, established policies or work programs heretofore appro\,ed and authorized by the Texas Transportation Commission. Date: By: District Engineer(ordesignee) Date: ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 5 Attachment "A" Plans, Specifications, and Estimated Costs All material items within cost estimate that must meet Buy America or Steel and Iron Preference Provision requirements must be indicated with an asterisk (*). ❑ Currently, we do not have Buy America required materials planned for this project. In the event that Buy America compliant materials are used during construction on this project, compliance documentation will be provided. ❑ There are non-domestic iron and steel materials in this project that fall under the De Minim us equation. Calculation showing the total cost does not exceed one-tenth of one percent (0.1 %) of the individual utility agreement amount or $2,500.00, whichever is greater is required. ✓❑ We understand the Buy America Compliance Requirements and will supply the required documentation to TxDOT indicating compliance with this provision. The following documents will be supplied prior to installation of the materials: 1) Form 1818 - Material Statement 2) Material Test Reports or Certifications ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility REQUIRED' ,� i 8 LF 12 CL200 WAT Ek MAIN / STA 0+00 TO STA 006.93 STA 0+ # (WL 01) 06.93 (WL 011 /LB i STA467+89.40,200.35' IT IML Q 35) - INSTALL. e p5Elective Betterment RESTRAIN 20 LF OF EXISTING .I - 90° D.7. MJ BEND 12 WATER MAIIN MJ ADAPTER D I - 12"X12" WET CONNECTION IS' PUE TEST� rEFFECTI VE BEGIN WLH01 - rx�� p 2 BETTERMENT 20 0 20 40 -STA 0+00- ---_! � - �kEOU]kED: h per' ]NST ALLAT N- M STA X467+82.45,, 200.73' ' 6 LF - 12" D.I. CL200 WATER MAINLT( I OF 12 W 0 0 2 4 M REMOVE CL 35) J T r 2 'I ro 0+06.93 TO STA 0+12.42 (WL n01) �� SCALE: I" = 40' (H) 'kEMOVE EX]ST]NG PLUG PROP TELCO &CONNECT TO EXISTING 12 EXISTING - f'0 I / WATERMAIN I 12' WATERLINE -STA 0+12.42 (WL H01) EXIST ROW W) I" = 4' tV) WITH STA 2467.89.28, 194.86' LT (ML B 35) ' 1 - 90°D.7. MJ BEND kEOLIRED. INSTALL' c 45° BAR AIM' REND - 45° MJ BEND 31 LF 12 D.I. , Qv Jc - MJ ADAPT Ek ..L200 WATER MAIN / MJ ADAPTER I - 12 D.I. GATE VALVE -.STA 0+12.42 TO STA — — -— — PROPOSED WATER MAIN Zv (M JI i 0+39.87(WL 01) ' - _ �X`B .. •IIILE'cV I' (V _W� W� �1_ _ W w W212" B STING WATER MAIN H{92' +FE6 1,00 2.7 —"' H� Z — — — - -STA 075.00 (WL=01,' _ T_ EXISTING ROW ! REQUI RE D:;;;F f~00 W i J� — PROPOSED ROW U� irT. _ INSTALL:_' A 00 LF- 12" HDPE DR11 �� - I� HDPE TO D.[. ADAP TER'�STA 0.75.020 TO STA 2+75.00 (WL#011 ) Z0 — — — — /' 1 12 + REOLFREDI D.I. GATE VALVE fMJJ ,y ,p _ V� PROPOSED off ELECTRIC ^ 2" D.I. CL200 WATER MAIN QN �t PROPOSED GATE VALVE PROP ROW �2 G \I�C O STA 0+62.75 TO STA 075.00 (WL B01, STA 2+75.00 (WL W011 JilN70 FfF '1l" CNST ALL:' .. ....... ..'� �Q PROPOSED TEE N STA 0,62.75 1WL HOU - zJ / STA 2467»85.63, 158.72'LT (ML(F 35) - 12" HDPE TO D.I. ADAPTER Q INSTALL: (MJ) {n NOTES. - 45 D.I. MJ REND H - - - I. ALL WATERLINE BENDS, I - MJ ADAPTER REODIRED: FITTINGS, AND VALVES TO f/'� 65 LF I2" D.1. CL200 BE RES TRA]NED AND THRUST S3 LREQUFOR3912 D.I. CL200 WATER MAIN WATER MAIN BLOCKED. STA 275.00 _ 2. CONTRACTOR TO AN T 7 TO STA 0»62.75 (WL tt01) ATO STA 340.00 VERIFY ALL E%]ST]NG / % 7 / �= (WL -0n un uTv ELEvan oNs PRIOR STA 039.87 (WL H01) // TO CONSTRUCTION. STA ^467+70.02, 175.46' LT (ML FL 35) 3. HDPE PIPE SHALL BE SIZED / -]NST ALL / // �� USING 'I D.I. MJ BEND DU CAI LEIIRON P'RECS]ZING. I -MJ ADAPTER m 4. STATIONING BASED ON IH-35 MAINLANE ALIGNMENT FOR PROFILE VIEW SEE SHEET 2 OF 4 Jfb A A ISI)LD _; ZI LL'. P. 2467+65 - B 3�N,T� 06/02/2022 ROUND ROCK TEXAS `TOLKERT F-12679 Texas Department of Transportation IH 35 CAPITAL EXPRESS CITY OF ROUND ROCK BETTERMENT PLAN AND PROFILE SHEET I OF 4 0015 IEO 06^,a@ETC. ]H 35 AUS TkAV]S 4443 20 0 20 40 FOR PLAN VIEW SEE SHEET 1 OF 4 2 04 _... _..... _ _. _.... _.... __ _. _... __.. __.. SCALE: I" =40' (I) 4' (VI STA 0,00 BEGIN WL401 .8.1.6 ._REMOVE Ex IST PLUG - _.... _.... __ _. _... __.. 816__.. &CONNECT TO EXIST 12" WATER MAIM FL 806.18 OR .8.1.2 812__.. T LF OF li 12" D.I. CL zoo 1: : �\ : : I : : : EXIST GROUND- :WATEk MAILF N \ - 12 D.I. CL200 z - WATER MAIN : : : \ : : VI : : :A : PROP GROUND: IF OF wol / � � '� 20 IF OF -8Q8 �_..... K 5.523 LF OF �L200 WATER MAIN `: � .� - 42 D OF....._ 0 D.1. CL200 WATER MAIN - --- --.. 808.---... D.] CL200 WATER MAIN -- 12 5 LF 12 D.1. CL200 WATER MAIN W 5.58% �.... 7 20% Q.. _12IF "5[)sBz CL200 WATER MAIN \., X I�• : : NOTES-. I. ALL WATERLINE BENDS, A 2ns.00 - M nNcs, AND vALVEs To - 884 ..... ••:.•.._ -- --... 1 12 D.]. TO HDPE ADAPTER_....,.. - -- --... ---.. 804.---.. 2 CORGRACTOR T]OOFIELD PRIOR o I^ D.7. GATE VALVE (MJ) Q. BLOCKED�A]NED AND THRUST IST U OR LJ PE P]PE SHALL BE SIZED ••• IN DIPS TO MATCH .. a •• USING IRON P]PE SIZING. DL o e a o o. .800 _a- _ .o.. _ _ _.... _.... _. _... __.. 800 \, ...... T >i t. w ,:' X00 Lk OF ..L •,••,, ,,,••,` ,m 0 0 oN •• 12HDPE DkII tHDD X w ¢ l ..STA 0. ._.....�....- z _... _..... _--...Q o 75.00 / li]HU _,I L/LLf, IIS. r I 12" D.I. TO HDPE ADAPTER i p A 5 - 2" D.]. GATE VALVE tMJ J STA 3 r EX 21° WW 796 : : : : FL 801.48 796 C '. MAIN' IN 2 VERTICAL SEPARATION) : T 06/02/2022 792 792 ROUND ROCK TEXAS lfW— `TOLKERT F-12679 y -- -- - -- -- -- - --- -- -- --- --- ,Texas Department of Transportation IH 35 CAPITAL EXPRESS 04 CITY OF ROUND ROCK BETTERMENT PLAN AND PROFILE SHEET 2 OF 4 o 0015 10 062 P'ETC. IH 35 0+00 1+00 2+00 3+00 o AUS TRAVIS 4444 "RE RED: 0 400 LFLF - D.1. 00 WALL D MAIN STA 7.40..00 00 TO 7.80.80.00 (WL tt01/ CUT&RESTORE PAVEMENT ( BEGINNING OF BEGIN STA: END ST A� I \ 4.54.00 4.88.00 15.1 STP. 7+65.63 T CO NHLPOWER Elective Betterment INSTALL I- 16 1.16 D.1. ANCHOR TEE W/ POLES - 16" D.7. RETAINER GLANDS RE-AL1 GNMENTT 1- 16" D.I. GATE RETAINER GLANDS I AND EXISTING 16" X 6' REDUCED', 16" WATER LINE I- FIRE HYDRANT I �N'2-16"-B / 20 0 20 40 25 L.F. 6" D.I. WATER MAIN MJ REQUIRED: I- REMOVE&SALVAGE EXISTING FIRE HYDRANT 0 2 4 ^14 LF- 12 D.I. CL200 WATER MAIN 1 M STA 3+40.00 TO STA 5 53.59 (WL H01> / REMOVE AND DISPOSE SCALE: = 40' (H) 0 - 2 EXISTING WATER VALVES M I'= 4' tVJ �I_1 - EFFECTIVE REQUIRED: /�/ 40 ALF OF - v REQUIRED: } PROP TELCO 1 1 HORIZONTAL DEFLECTION EXISTING BETTERMENT' HORIZONTAL MJ ]NSTALLAT ION STA 5+53.59 WATER MAIN TO } OF 12 WL RECONNECT DEFLECTION _L✓ EXISTING EXISTING STA 6+82.33 BE REMOVED �J ROW WATER SERV]CE �M /\ Q� rr'�1 r�'�1 PROPOSED WATER MAIN INN v �yw PPR (pN Ex1suNGWATER MAIN W _ w W312" B Q Z - F ----------- EXISTING ROW ~� -7 W� 4+00 Wr j - R- i rORR TXDOT roNFL1 CT Z ` • �� _._•� BETTERMENT• REPLACEMENT ~M -- PROPOSED ROW �__ � _ Z0 - w-99 � � PROPOSED OH ELECTRIC 010 aN TyJ L'�p REQu1RED: S 7S Lo.00 (WL on - U� PROPOSED GALE VALVE --- _I fl 3J 1�1D�� SBA SF 53.59 TO 682 CL200WATEROR MAIN____-_____ 1 - 16"X 12" D.I. REDUCER (MJ)' - aN -_ PROPOSED TEE STA 7+59.95 1WL 1011 mQ N ]NST ALL9 79 37, 140.53' LT (ML R 351 I - 16'x16" D.I. TEE (MJ, V) NOTES= I - 12" D.I. GATE VALVE (MJ/ 1. ALL WATERLINE BE - 16" D.1. GATE VALVE (MJ) F]TT]NGS, AND VALVES TO CITY OF ROUND ROCK TXDOT CONNECT To Ex1sTINc BEocu ED..AWED AND THRusT BETTERMENT CONFLICT REPLACEMENT 16" WATER MAIN 2. CONTRACTOR To FIELD WITH 16" D.7. MJ SOLID SLEEVE VERIFY ALL EXISTING "1)S STA O+OO T07+17.94 STA.7+17.94T010+84.56 AND MJ unuTY ELEVATIONS PRIOR TA 2467+82.5 TO 2476+36.91 ML CL 35 STA 2476+36.91 TO 2477+94.89(ML CL 35 I- WET CONNECTION 16" wATER To CONSTRUCTS ON. 3. STATIONING BASED ON IH-35 EXISTING 16" WATERLINE MAIN ARE ALIGNMENT 2474+90 o...8.1.6 _..... _ _. _.... _.... _. 816...... 0 PROP GROUND * A .. - 46 LF 1. CL200 WATER MAIN / 121lLU _,I L/LL.� 112. 3 _8.1.2 / /-.....EXIST rROUND _ / _\... _ MJAD7]40%00 _.. _\ C)...... 812.___... B,.UF; N.(t;. ` aG o _... _ /--_ PROP 6 a } -- - _� - : : _ -- - : : REDUCER 42,LD OF V) } 3 06/02/2022 i D.7. CL200 WATER MAIN � a N ROUND ROCKTEXA5 808 W :. 808 + Z 358 LF OF @ D,86% z w H 12 D.1. CL200 WA ER MAIN a Z M STA;+59.95 ., `TOLKERT CONNECT TO EXISTING 16 WATER MAIN WITH 16" D.I. MJ SOLID SLEEVE : F-12679 I 8WET D MJ ACON ER N N LL exaT s Department of Transportation o "X16 D.I. TEE TMJ) V D.]. GATE VALVE MJJ z V 0zoe x._.804 Q _..... _ _.... _ _ 1 1n' D.I. GATE VALVE (MJ> __... 804__.. CONNECTION 16 wAIER 09.00 IH 35 CAPITAL EXPRESS CITY OF ROUND ROCK BETTERMENT aoo m Q aoo PLAN AND PROFILE m : : : w 1. m 1. ro 1 1 SHEET 3 OF 4 0015 10 O62,JaPETC.1 IH 35 4+00 5+00 6+00 7+00 N11 I'll N1. o AUS TkAVIC 4445 POP CLT&RESTORE PAVEMENT \ / FORCED BETTERVENT WATER STA 10+69.99 (WL -01) I BEGIN STA END STA' Sv (CONFLICT LINE TIE-IN LOGIT I ON TO STA 24 TT+a0.32, 162.54' LT IML R 35) a. 8.00 8+52.00 IS.I W'I TH POWER ''EXISTING WATER LINE �\ 9+26.00 9+82.00 26.2 - MOVED DUE TO GONFLIGT r ) 1NST ALL: 42 10+40.00 1084.56 19.8 (POLES WITH DRIVEWAY �/ - 45° D.1. MJ RE-ALI GNMENTT I - MJ ADAPTER AND EXISTING REOU]RE D: 16" 41'ITER LINE 260 LF - 16" D.I. �-T� END WL-01 W'2"16 CL200 WAT Ek MAIN STA I0+84.56 STA 7+80.00 T„0 -- -------('�1 10+39.29(IL 01) STA 2477+94.89, 163.07' LT IML t 35) \ _ 1l (( Ji CONNECT TO EXISTING 16" WATER MAIN 20 0 20 40 INSTALL: ( J I- 45° MJ D.I. BEND G 2 0 2 4 _ 296 LF OF EXISTING/ IS' WATERLINE EASEMENT I- 16" D.1. RET A]NER GLANDS WATER MAIN I- 16" D.7. GATE VALVE MJ SCALE: I" = 40' LH) I TO BE REMOVED I- WET CONNECTION 16" WATER I" = 4' LV) 0M PROP TELCO EXIST PROP OH ROW RESTRAIN 20 LF 16 (Vl OF IV STING 16" PROP i- �� I' WAT Ek MA]N7 .)'° �-': ~J PROP OH ROW W—— —w.PROPOSED WATER MAIN 0 0 16 and �a� _ o �s — s Q ----- — - - - --- ""`- - EXISTINI WATER MAIN N EXISTING Row Z� i_00 —--—--—--—--— PROPOSED ROW REO UI RED: IS LF - 9.9 D.I. GL200 WATER MAIN- J+ STA 10+69.99 TO 10+84.561WL ><01) PROPOSED OH ELECTRIC Q ——————— WATER LINE IN —————————-Iii 3 -ja ——————— ———————--———————— ►� PROPOSED GATE VALVE Z� RUE INCLUDED IN -REOUIRED: ATTACHMENT H 31 LF - 16" D.I. CL200 WATER MAIN PROPOSED TEE e o o e e e e o o esTA Io,39.29 To 10,69.99LwL 401, NOTES, 1. ALL WATERLINE BENDS, _____ F]TT]NGS, AND VALVES TO -------- ___ - TA 10+39.29 IWL >'01) ------ -TA 2477+58.72, 140.73' LT tM LLT fL— BE RESTRAINED AND THRUST N INSTALL: 2. CONTRACTOR TO FIELD - 45° D.I. MJ BEND VER]FV ALL E%I STING - MJ ADAPT Ek — UTILITY ELEVATIONS PRIOR TO CONSTRUCTION. 3. STATIONING BASED ON IH-35 MAINLANE ALIGNMENT I I I I I I I I I ', 2478+70 PROP GROUND o...8.1.6 _..... _ _. _.... _. _... __.. 816...... a O - > kI^n J GR / — Dw IP. i � EXIST DULL oLND � O LF 1 2 B yL n [x60.05% _L200 WATER MAIN - ---.. @60 ---... 812 ,.CF N.T)' >a 3 31 LF OF yi - --..... --0 .....- -- --... .... - D.I. � 5' D.]. CL200 WATER MAIN � � QD + '��� ®`�� 06/02/2022 a9 --... _..... __... _ _. ...260.IF OF Q 16" D.7. CL200 WATER MAIN @ 0.05% ' N z z .808 _..... _ _. _.... _.... _.._ END WL>,01 _... __.. 808...... ROUND ROCK TEXAS ...STA M4." ST + Z _ 31. V LT 6W FRNB) J a X._.a CONNECT TO EXIS71NG 16" OLKERT 45 WATER MAIN I- 16 MJ D.7. BEND s v INSTAL D.I. RETAINER GLANDS F-12679 ml I- WET CONNEC71ONATE V 16VEWATER P ©eox a o x 804 N 804 _..... _. _ _. _.... _.... - __ _.......FL 809.18 _... __.. __.... ,Texas Department of Transportation IH 35 CAPITAL EXPRESS o� CITY OF ROUND ROCK BETTERMENT N _ aoo _ M _ aoo PLAN AND PROFILE SHEET 4 OF 4 0015 10 O62,JaoETC.1 IH 35 8+00 9+00 10+00N11 N o AUS TkAV]S 4446 Utility Adjustment for TxDOT Project TXDOT STANDARD SUA ESTIMATE 1it - 1-1. 1 6/2021 City of Round Rock-Water RCSJ: 0015-13406 IH 35 CapEx North-SH 45N to US 290E Utility ID#:I U00009528 ESTIMATE for PROPOSED INCLUDING BETTERMENT UNUMBER: NA The cost estimate items must be sufficiently detailed to provide TxDOT with a reasonable basis for analysis.Items should Include appropriate units and unit TxDOT Bid Line Item/Item Description Unit Quantity $/Unit Total Item# CUT&RESTORE PAVEMENT SQ.YDS 91 $130.00 $ 11,869.00 TRENCH EXCAVATION PROTECTION LF 885 $4.00 $ 3,540.00 WTR(RESTRAINED JOINT)(DI)12"(ALL DEPTHS) LF 545 $135.00 $ 73,575.00 WTR(RESTRAINED JOINT)(DI)16"(ALL DEPTHS) LF 345 $140.00 $ 48,300.00 BORE OR JACK PIPE(16"HDPE DR 11)12" WATER LINE ENCASEMENT PIPE LF 200 $330.00 $ 66,000.00 VALVE(GATE)(12") EA 4 $3,500.00 $ 14,000.00 HDPE TO DI ADAPTER(MEGALUG) EA 2 $200.00 $ 400.00 VALVE(GATE)(16") EA 3 $6,500.00 $ 19,500.00 WET CONNECTION 12"DIA X 12"DIA EA 1 $5,000.00 $ 5,000.00 WET CONNECTION 16"DIA X 16"DIA EA 2 $8,000.00 $ 16,000.00 FIRE HYDRANT EA 1 $5,000.00 $ 5,000.00 FH WTR SERVICE CONNECTION(6") LF 25 $75.00 $ 1,875.00 RMV AND SALVAGE EXIST FIRE HYDRANT EA 1 $500.00 $ 500.00 DI FITTINGS TON 3 $6,000.00 $ 18,000.00 ABND/RMV/DISPOSE EXIST LINE(ALL TY/SZ) LF 336 $20.00 $ 6,720.00 REMOVE AND DISPOSE EXIST WATER VALVE EA 2 $1,000.00 $ 2,000.00 WATER MAIN TESTING&DISINFECTION LF 1,090 $2.00 $ 2,180.00 RESTRAIN EXIST WATERLINE(ALLTY/SZ) EA 40 $95.00 $ 3,800.00 SUBTOTAL I$ 298,259.00 MATERIALS SUBTOTALI$ 298,259.00 * Indicated items are being tracked for BUY AMERICA COMPLIANCE and will be documented using Form 1818 and all supporting documentation prior to installation. X Indicated items are IRON or STEEL,but will not be tracked for BUY AMERICA Sum of De Minimus COMPLIANCE due to falling under the DE MINIMUS of$2,500,or.1%of the project Items $0.00 total cost,whichever is greater. I Internal Labor Costs-documented with Certified Ledger at payment. SUBTOTAL I$ - External Labor Costs-documented with Invoices and/or checks LABOR SUBTOTALI$ - Line Item I Item Description Unit Quantity $/Unit Total Sr.Tech Advisor HR 12 $211.25 $ 2,535.00 Quality Manager HR 24 $197.58 $ 4,741.92 Sr.Engineer HR 84 $189.98 $ 15,958.32 Project Engineer HR 180 $151.98 $ 27,356.40 EIT HR 260 $104.87 $ 27,266.20 Sr.Eng Tech HR 12 $112.71 $ 1,352.52 Sr.CADD Operator HR 28 $106.39 $ 2,978.92 I CADD Operator HR 160 4 $88.15 $ 14,104.00 Admin/Clerical HR $60.79 $ 243.16 SUBTOTAL I$ 96,536.44 Internal Engineering-Costs Documented with Certified Ledger at payment. SUBTOTAL I$ - Internal Survey/Landman SUBTOTAL I$ - Internal Inspection SUBTOTAL I$ - Internal Administration SUBTOTAL I$ - Internal Engineering/Survey/Inspection/Administration Overhead OVERHEAD(%) Enter%if applicable 0.00% $ - SUBTOTAL I$ - External Engineering-Cost documented with INVOICES and/or CHECKS Project Manager HR 28 $243.31 $ 6,812.68 Deputy Project Manager HR 6 $215.02 $ 1,290.12 Project Engineer HR 56 $161.26 $ 9,030.56 Sr.Enginering Tech HR 78 $113.17 $ 8,827.26 Admin/Clerical HR 6 $70.73 $ 424.38 Reimbursables EA 1 $500.00 $ 500.00 SUBTOTAL I$ 26,885.00 External Survey/Landman SUBTOTAL I$ - External Inspection SUBTOTAL I$ - Engineering/Administration/Inspection SUBTOTALI$ 123,421.44 SUMMARY: TOTAL PROJECT COST I$ 421,680.44 I Amount Payable in TxDOT Contract(Joint Bid) I$ 394,795.44 I Gross Reimbursable to Utility I$ 26,885.00 I Amount Due to TxDOT Via an Advance Funding Agreement I$ 197,674.08 I SALVAGE(existing fire hydrant assembly 500 lbs X$.10)and/or Depreciation CREDIT I$ 50.00 I BETTERMENT RATIO 50.07% Ratio Deduction I$ 13,461.32 I Amount reimbursable after Betterment and Salvage Credit I$ 13,373.68 I ELIGIBILITY RATIO 100.00% NET REIMBURSEMENT TO UTILITY I$ 13,373.68I Mayor Councitmembers City Manager Craig Morgan MLchelle Ly Laurie Hadley Matthew Baker Frank Ortega ROUND ROCK TEXAS Mayor Pro-Tem KrLSUn Stevens City Attorney UTILITIES AND ENVIRONMENTAL SERVICES Rene Flores Hilda Montgomery Stephan L. Sheets August 20, 2021. Brian Young UA Engineering 7500 Rialto Boulevard, Building II, Suite 100 Austin,TX 78735 RE: NCAPEX 1-35 Betterment- City of Round Rock Reimbursement Mr. Young, The City of Round Rock will not be seeking City personnel costs within the Standard Utility Agreement between the City of Round Rock and the Texas Department of Transportation regarding the NCAPEX 1-35 Betterment Project& the proposed Highway Project. Sincerely, Kaitlyn Saucedo Engineer-Associate City of Round Rock CITY OF ROUND ROCK UTILITIES AND ENVIRONMENTAL SERVICES .3400 sunrise Road Round Rock,Texas 78665 (P) 512 218.5555.(F) 512 255 6w-16.round rocktexas.gov Form ROW-U-35 (Rev.10/20) Page 6 Attachment "B" Accounting Method ✓❑ Actual Cost Method of Accounting The utility accumulates cost under a work order accounting procedure prescribed by the Federal or State regulatory body and proposes to request reimbursement for actual direct and related indirect costs. ❑ Lump Sum Method of Accounting Utility proposed to request reimbursement based on an agreed lump sum amount supported by a detailed cost analysis. ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 7 Attachment "C" Schedule of Work Estimated Start Date: 11/01/2023 (subject to physical work restrictions prior to the issuance of environmental clearance as required by the provisions of this agreement) Estimated Duration (days): 90 Estimated Completion Date: 01/31/2024 ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 8 Attachment "D" Statement Covering Contract Work (ROW—U-48) (ROW—U-48-1, if applicable) Construction Contract: ❑ Utility performing with their own forces (timesheets will be required at the time of billing). ✓❑ Utility will use outside forces to perform the adjustment, complete attached ROW-U-48 or ROW-U-48-1 (joint bid). Engineering Contract: ❑ Utility performing with their own forces (timesheets will be required at the time of billing). ❑✓ Utility will use consultant contract (continuing contract rate sheets or fee schedule will be required). ✓❑ TxDOT will procure utility consultant. ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK Form ROW-U-48 1 1 1 APPEARING 1 ESTIMATE) U-Number: Utility ID: 000009528 ROW CSJ Number: 0015-10-065; 0015-13-406 District: Austin County: TRAVIS Highway No.: IH 35 Federal Project NO.: F 2022(459) I- Craig Morgan a duly authorized and qualified representative of City of Round Rock hereinafter referred to as Owner,am fully cognizant of the facts and make the following statements in respect to work which will or may be done on a contract basis as it appears in the estimate to which this statement is attached. It is more economical and/or expedient for Owner to contract this adjustment,or Owner is not adequately staffed or equipped to perform the necessary work on this project with its own forces to the extent as indicated on the estimate. Procedure to be Used in Contracting Work A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed.Associated bid tabulations will be provided to the State. B. Solicitation for bids is to be accomplished by circulating to a list of pre-qualified contractors or known qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed.Associated bid tabulations will be provided to the State.Such presently known contractors are listed below: 1. 2. 3. 4. 5. C. The work is to be performed under an existing continuing contract under which certain work is regularly performed for Owner and under which the lowest available costs are developed.The existing continuing contract will be made available to the State for review at a location mutually acceptable to the Owner and the State.If only part of the contract work is to be done under an existing contract,give detailed information by attachment hereto. D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the estimate in order to obtain the concurrence of the State,and the Federal Highway Administration Division Engineer where applicable,prior to taking action thereon (approval of the agreement shall be considered as approval of such proposal). �✓ E. The utility plans and specifications,with the consent of the State,will be included in the construction contract awarded by the State.In the best interest of both the State and the Owner,the Owner requests the State to include the plans and specifications for this work in the general contract for construction of Highway IH 35 in this area,so that the work can be coordinated with the other construction operations;and the construction contract is to be awarded by the State to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed.If this option is chosen,attach form ROW-U-48-1,the terms of which are incorporated herein by reference. Signature Date Mayor Title ,r,os ROW-U-48-1 (09/18) Page 1 of 2 Statement Covering Utility Construction Contract Work - In the State's Highway Construction Contract (As Referenced in Form ROW-U-48, Option E) Work Responsibilities A. The Utility shall provide the following services under this contract: i. Responsible for engaging the services of a Texas Registered Professional Engineer to prepare drawings and technical specifications for relocations and adjustments along ii. Provide the plans and specifications to the State to include in the current planning specifications and estimate package being prepared by representatives of the Texas Department of Transportation's North Travis Area Office. iii. Secure all necessary permitting as may be required for the installation of the Water line. iv. Arrange and coordinate with the contractor, through the State, materials and equipment testing, rejection of all work not conforming to minimum requirements of the construction contract documents, maintenance of the proposed work area during construction, and the relocation of Water and connection of services to customers. V. Advise the State of work that Utility determines should be corrected or rejected. vi. Arrange, observe, and inspect all acceptance testing and notify the State of the results of these activities. vii. Provide inspection services for the construction, notify the State of defects and deficiencies in the work, and observe actions of the contractor to correct such defects and deficiencies. viii. Assume all responsibility for the maintenance of the existing Water lines during and upon completion of the construction contract. ix. Ensure all Texas Commission on Environmental Quality and all other regulatory rules, regulations and laws are strictly adhered to. X. Prepare and submit both a certificate of substantial completion and a list of observed items requiring completion or correction for the relocations and adjustments to the Project Engineer for concurrence. xi. Coordinate all construction activities performed by Utility's staff for the relocations and adjustments through the Project Engineer. ROW-U-48-1 (09/18) Page 2of2 B. The State shall provide the following services under this contract: i. Combine the Water relocation and adjustment plans with the plans being prepared for the Project. ii. Review and approve the final construction plans prior to any construction- related activities. In order to ensure federal and/or state funding eligibility, projects must be authorized by the State prior to advertising for construction. iii. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. iv. Negotiate and administer all field changes and change orders required for the Project. All change orders increasing construction costs for Utility's Project shall be submitted to Utility for review and approval together with an evaluation. Utility agrees to review and either approve or disapprove all change orders within five (5) business days after receipt of such order unless Utility Board's approval is necessary in which case Utility shall bring the item to Utility Board as soon as reasonably possible. V. Provide overall project management to supervise the day-to-day activities of the construction and monitor the activities of the contractor to promote the timely and efficient completion of the Project in accordance with the approved Plans and Specifications and construction schedule. vi. Conduct field observations and coordinate with Utility's inspectors and the contractor to cure defects and deficiencies in the construction prior to final acceptance. vii. Make timely payment to the contractor for work performed in connection with the Project. viii. Ensure access and permit Utility's inspectors and other authorized representatives to inspect the waterline construction at all times. ix. Conduct and coordinate final inspection of the Project in the presence of Utility's Engineer and Inspector, transmit final list of items to be completed or repaired and observe contractor correction of same. x. Maintain job file. Form ROW-U-35 (Rev.10/20) Page 9 Attachment "E" Utility Joint Use Agreement — (ROW-U-JUA) and/or Utility Installation Request — (Form 1082) ❑ Utility Joint Use Agreement (ROW—U—JUA) ❑✓ Utility Installation Review/Permit Number: ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 10 Attachment "F" Eligibility Ratio Eligibility Ratio established: 100.00 % ❑ Non-interstate Highway (Calculations attached) ✓❑ Interstate Highway ROW Utility Manual Chapter 8, Section 2 In developing the ratio, line length or number of poles is restricted to facilities located within the existing and proposed highway right of way. Facilities located outside the existing and proposed right of way limits will not be used in developing the ratio. Please see example of eligibility ratio calculations below. In Easement In Public ROW (Eligible) (Ineligible) Plan Sheet or Existing # of Poles Existing # of Poles Page# or LF or LF 1 0 0 2 84 22 3 90 385 4 238 96 Totals 412 503 Total Existing # of Poles or LF (Eligible) 412 Total Existing # of Poles or LF (Ineligible) 503 Total Existing # of Poles or LF 915 Total Existing # of Poles or LF (Eligible) divided by the Total Existing # of Poles or LF 45.03% ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility Form ROW-U-35 (Rev.10/20) Page 11 Attachment "G" Betterment Calculation and Estimate X Elective Betterment Ratio established: 50.06% % (Calculation attached and justification below) X Forced Betterment (Provide supporting documentation) ❑ Not Applicable Elective betterment justification statement: THE CITY HAS A SECTION (GAP) BETWEEN THE WATERLINE CROSSING NORTH OF GREENLAWN BLVD AND WATERLINE SERVING THE ROUND ROCK CROSSING SHOPPING MALL (NBFR). THIS ELECTIVE BETTERMENT IS TO FILL IN THIS GAP WHICH WILL ASSIST WITH WATER SYSTEM EFFECTENCY AND LOOPING. ------ --------- ------ --------- Initial Date Initial Date TxDOT Utility 0015-10-065& 1 O'ESTIMATE INCLUDING BETTERMENT 0015-13A06 O ACTUAL COST •1 1• 000009528 NA O SUPPLEMENTAL ESTIMATE Materials&Labor rmovided by` CUT&RESTORE PAVEMENT SQ.YDS 63.30 $130.00 $ 8,229.00 SQ.YDS 91 $130.00 $ 11,869.00 TRENCH EXCAVATION PROTECTION 0 346 $4.00 $ 1,384.00 LF 885 $4.00 $ 3,540.00 WTR(RESTRAINED JOINT)(DI)12"(ALL DEPTHS) LF 0 $135.00 $ - LF 545 $135.00 $ 73,575.00 WTR(RESTRAINED JOINT)(DI)16"(ALL DEPTHS) LF 346 $140.00 $ 48,440.00 LF 345 $140.00 $ 48,300.00 BORE OR JACK PIPE(16"HDPE DR 11)12"WATER LINE ENCASEMENT PIPE LF 0 $400.00 $ - LF 200 $330.00 $ 66,000.00 VALVE(GATE)(12") EA 0 $3,500.00 $ EA 4 $3,500.00 $ 14,000.00 HDPE TO DI ADAPTER(MEGALUG) EA 0 $200.00 $ - EA 2 $200.00 $ 400.00 VALVE(GATE)(16") EA 3 $6,500.00 $ 19,500.00 EA 3 $6,500.00 $ 19,500.00 WET CONNECTION 12"DIA X 12"DIA EA 0 $5,000.00 $ - EA 1 $5,000.00 $ 5,000.00 WET CONNECTION 16"DIA X 16"DIA EA 2 $8,000.00 $ 16,000.00 EA 2 $8,000.00 $ 16,000.00 FIRE HYDRANT EA 1 $5,000.00 $ 5,000.00 EA 1 $5,000.00 $ 5,000.00 FH WTR SERVICE CONNECTION(6") LF 25 $75.00 $ 1,875.00 LF 25 $75.00 $ 1,875.00 RMV AND SALVAGE EXIST FIRE HYDRANT EA 1 $500.00 $ 500.00 EA 1 $500.00 $ 500.00 DI FITTINGS TON 0.30 $6,000.00 $ 1,800.00 TON 3 $6,000.00 $ 18,000.00 ABND/RMV/DISPOSE EXIST LINE(ALL TY/SZ) LF 336 $20.00 $ 6,720.00 LF 336 $20.00 $ 6,720.00 REMOVE AND DISPOSE EXIST WATER VALVE EA 2 $1,000.00 $ 2,000.00 EA 2 $1,000.00 $ 2,000.00 WATER MAIN TESTING&DISINFECTION LF 346 $2.00 $ 692.00 LF 1,090 $2.00 $ 2,180.00 RESTRAIN EXIST WATERLINE(ALL TY/SZ) EA 20 $95.00 $ 1,900.00 EA 40 $95.00 $ 3,800.00 SUBTOTAL 1$ 114,040.00 SUBTOTAL $ 298,259.00 MATERIALS&LABOR SUBTOTALr_$ 114,040.00 MATERIALS&LABOR SUBTOTAL $ 298,259.00 Indicated items are being tracked for BUY AMERICA COMPLIANCE and will be documented using Form 1818 and all supporting documentation priorto installation. X Indicated items are IRON or STEEL,but will not be tracked for BUY AMERICA COMPLIANCE due to falling under the DE MINIMUS of$2,500,or.1%of the project total cost,whichever is Sum of De $0.00 greater. Minimus Items III III Will 111 111,11111111111111111 111111111 Unit Quantity $/Unit Tota I Sr.Tech Advisor HR 12 $211.25 $ 2,535.00 HR 12 $211.25 $ 2,535.00 Quality Manager HR 24 $197.58 $ 4,741.92 HR 24 $197.58 $ 4,741.92 Sr.Engineer HR 84 $189.98 $ 15,958.32 HR 84 $189.98 $ 15,958.32 Project Engineer HR 180 $151.98 $ 27,356.40 HR 180 $151.98 $ 27,356.40 EIT HR 260 $104.87 $ 27,266.20 HR 260 $104.87 $ 27,266.20 Sr.Eng Tech HR 12 $112.71 $ 1,352.52 HR 12 $112.71 $ 1,352.52 Sr.CADD Operator HR 28 $106.39 $ 2,978.92 HR 28 $106.39 $ 2,978.92 CADDOperator HR 160 $88.15 $ 14,104.00 HR 160 $88.15 $ 14,104.00 Admin/Clerical HR 4 $60.79 $ 243.16 HR 4 $60.79 $ 243.16 SUBTOTAL $ 96,536.44 SUBTOTAL $ 96,536.44 Internal Engineering-Costs Documented with Certified Ledger at payment. SUBTOTAL $ - SUBTOTAL D Internal Inspection SUBTOTAL $ SUBTOTAL D Internal Administration SUBTOTAL $ SUBTOTAL $ Internal Engineering/Survey/Inspection/Administration Overhead SUBTOTAL Is External Engineering-Cost documented with INVOICES and/or CHECKS Project Manager HR 0 $0.00 $ HR 28 $243.31 $ 6,812.68 Deputy Project Manager HR 0 $0.00 $ HR 6 $215.02 $ 1,290.12 Project Engineer HR 0 $0.00 $ HR 56 $161.26 $ 9,030.56 Sr.Enginering Tech HR 0 $0.00 $ HR 78 $113.17 $ 8,827.26 Admin/Clerical HR 0 $0.00 $ HR 6 $70.73 $ 424.38 Reimbursables EA 0 $0.00 $ EA 1 $500.00 $ 500.00 SUBTOTAL $ SUBTOTAL $ 26,885.00 External Survey/Landman SUBTOTAL $ SUBTOTAL D External Inspection SUBTOTAL $ - SUBTOTAL D Engineering/Administration/Inspection SUBTOTALI$ 96,536.44 $ 123,421.44 SUMMARY: IN-KIND("as is")UTILITY ADJUSTMENT PROPOSED UTILITY ADJUSTMENT INCLUDING BETTERMENT TOTAL PROJECT COST $ 210,576.44 $ 421,680.44 Amount Payable in TxDOT Contract(Joint Bid) $ 210,576.44 $394,795.44 Gross Reimbursable to Utility Amount Due to TxDOT Via an Advance Funding Agreement ® $197,674.08 SALVAGE(existing fire hydrant assembly 500 lbs X$.10)and/or Depreciation CREDIT $ 50.00 Betterment Ratio is 50.00 BETTERMENT RATIO 0.00% Ratio Deduction ® 50.07% $ 13,461.32 Amount reimbursable after Betterment and Salvage Credit $ (50.00) Eligibility Ratio $ 13,373.68 ELIGIBILITY RATIO 100.00% 100.00% NET REIMBURSEMENT TO UTILITY Two estimates are required to calculate betterment. One with, and one without betterment. Please attach both estimates. The total estimated cost of the project INCLUDING BETTERMENT $421 ,680.44 The total estimated cost of the project NOT including BETTERMENT $210,576.44 THE AMOUNT OF BETTERMENT $211 ,104.00 The BETTERMENT RATIO IS: F-50.07% Y -Y- -Y -Y- -Y - - -Y -Y - - - - -Y -Y - - -Y -Y -Y -Y- Forced Betterment, water line tie-in location to STA existing WL moved due to conflict with driveway. STA I NST 1 - 1 - E REQJIRED2 q 260 LF - 16" III . I . CL200 WATER IVA IN STA 7+80. 00 Ti 10+39. 29 (WL #01 ) . CI <I ST I NG . . 15WATERLINE EASEME\JT . 1 , 1 EXIST ROW / ED- PROP OH - 0 PROP ROW r-- ,-CL -A WI-,_» . , . n _ •,-ri__ =. . ll..101/416__J., . . - -- Cl sr- = m .1 m Air= 71111: M • ie 0 ii t 1 _ lj ..arme.- 7-1ZILL: ' t1:: . 1.424--S-dirdr i01//a1 _....tr, j .; j '11' .I. M - ..M 7. ,.-_ -_ - - -MillOW L .-71-1L :: : Iwo& ' ilLIST -= 1-1:,7 mum.... ..-.. , t:L. _ mi il i ) ,.--,-- ii IP I RI 1 ! Form ROW-U-35 (Rev.10/20) Page 12 Attachment "H" Proof of Property Interest ❑ Supporting documentation of compensable property interest that establishes reimbursement eligibility as referenced in Texas Transportation Code §203.092. ❑ Property interest documented through applicable affidavits and required attachments. ❑ ROW-U-Affidavit ® The roadway improvement project is designated as an Interstate Highway project; therefore, no supporting documentation of compensable interest is required. Initial Date Initial Date TxDOT Utility QI y 0' 25' 50' 100' I— 1 . I SCALE: ►y ios-i os I + GOLo]NCH-RR PROPERTIES LLC OF •N0. 2E0300s4ROW 006. No. 2016001891 � JrIPRCu 3i, / T.<.T. - �? oaP]NP.E PND P.LE. o,.ss,P,. CO cF£GT LV 2020 • IREMAI NDER OF p CALLED 9 PORES, ]SSUEO: PPRIL 6,-2820- I W2-12"-B J.01.S 59, 20O. 1690 (n nTEau Ne EUEui oiT PORTION VISION H� w COIL oat.rvo. o ao� `! l BK. 95 PG. 105-106 P.a1.c 1. "' m 1rr66c ACWESr�� e''':: Mr sPao ENTE et ocK A k pNL ANNO10 EVENOTURas'i ssLr -- J,- _- --_ WW1:CO WATERLINE aP Iris 9L /I- WW1:COA WASTEWATER LINE O ooG.No. 201YQ45§59 P �o.PI.1-.T. �� ��n �{ -- W2:CORR WATERLINE /gab O P a T 6 T -_I F_ 1 .p ",ILII,AND 038 -..,r-.- I �Tu' o. 3-aoT 3> DECEMBER 30, zoi9 WW2:CORR WASTEWATER LINE W3:WINDERMERE WATERLINE OSPRO..E PRISES .P 1F ON SLEW, bw e ' A ooc.No. 01204535S V'- v, ., C Io oan naE.z. so.�.' oar o.P.a.c. ❑ —-••— PROP ROW O.P. .q. ., O EXIST ROW LOT PIRA,NO -LOT 4I rO gOTi— MAR LHO 19, 2012 1(2.36 ACRESIA 1 '1' �Q{ Yo r.Frvo;s2oo400i r>s ro.95 ACREI P p11E 0 _ ' C •200400199 O DUICKCLAIM DEED _ 11; �POS ,` 1 r'= 10 O0_ E 1 JOINT-USE is �I � �.T. O aPaT T .1so O PUE z rPLv o.P I r11P-', .c.'. w l�lj I s � �_s- "iis"a4EnFEME" Px: PARCEL NO. i 11 o E / ooc o 2IES". X -1.. • f-,-.,� a 1100093 - � w __� 1It• p F:O,�._ti-B Wim. ' �0 R S -• 'Y z-8-I3 Wz-tl"-B W1-u 0I f a p� IM%NB nut RD 1 m `O •199900129 CrIn CO Qom__. __—= _ N PROP■L No work performed at this _ Q 35 NB IL Q LL Igcation as part of this _I 2475+00 ---- -- -_ -- " -- 2460,00- - - —:• --me — -- -- 248-l/) To o W 4.35 sa IL 1.1.1 Z Z H oH J c m J C.) V © v 11111NPIrto M o u 0 1 1139 SB Mit RD a, o co O 0 w2-s"-e— ,_ 2.. B WW'-8125 B Winn�. -M2-804, N2 8 _B W2 - Cn-Fizolli AIRF YW .pp, , \ -B. W2-8"-B—W2-8'-B W2-8 B—W2-8"-H— 8,. B m - wz a"-H cr rz-_e='— LJA En ineerin Inc.I�� Wz-12"-e- ,L.r aaa 9 gr 7 . .• ,Texas Department of Transportation ,Pc, ��A IH35 CAPITAL EXPRESS FEEL,OF LOT 4 ��8� BK. 10, NCB;,, 4. o ,. • UTILITY EASEMENTS 2 OT 4e 981 STA 273+00 TO STA 285+00 ti 1.3 ' (3.266 ACRES, P ACRES, �m1 BRAT 2,AMIgNOEO '3 O. �CRE51 SHEET 2 OF 43 C2,-!:L' 4116 BK. BPI, PG. BA N1o5 oervE1L a 1H35SDEE1 SO. I 0015 10 '�\ AUS TRAVIS