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CM-09-05-088ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor Alan McGraw Mayor Pro -tem Joe Clifford Councilmembers Rufus Honeycutt George White Carlos T. Salinas Scott Rhode Kris Whitfield City Manager James R. Nuse, P.E. City Attorney Stephan L. Sheets cm- U-per'DB`6 May 15, 2009 Terron Evertson, P.E. TxDOT - Austin District P. 0. Drawer 15426 Austin, TX 78761-5426 RE: ROW CSJ 2211-02-020 — Utility Assembly Documents for FM 1460 from 0.4 miles north of Old Settlers to 0.4 miles north of US 79 Dear Mr. Evertson: As provided by your office, please find enclosed the front page of the Standard Utility Agreement and the Utility Joint Use Acknowledgement Reimbursable Utility Adjustment, which include the updated project information. If you need any further assistance, do not hesitate to contact Mr. David Bartels at 671-2760. Sincerely, es R. Nuse, P.E. anager Enclosure cc: David Bartels, Public Works CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street • Round Rock, Texas 78664 Phone 512.218.5401 • Fax 512.218.7097 • www.roundrocktexas.gov w--- Form ROW -U-35 Rev. 12/2004 Replaces Form D-15-35, D-15-131, D-15-132, D-15 133, D-15-134 and D-15-137 GSD -EPC Page 1 C ?YIP" - STANDARD UTILITY AGREEMENT District: Austin Federal Project No.: N/A ROW CSJ: 2211-02-020 Highway Project Letting Date: May 2009 U -Number: U12911 County: Williamson Highway: FM 1460 From: 0.4 miles north of Old Settlers To: 0.4 miles north of US 79 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 representative, shall be effective 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 improvements as designated by the State and approved by the Federal Highway Administration within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: install six (6) inch, eight (8) inch and 16 inch water lines including fire hydrants, valves, casings, bends, tees, plugs and sleeves from highway Station 365+98 to Highway Station 433+64 at a minimum depth of 42 inches; install a 24 inch split casing around existing twelve (12) inch sanitary sewer line at Highway Station 411+02; plug existing and remove and dispose of a 20 inch sanitary sewer force main from Highway Station 421+53 to Highway Station 450+00; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and/or 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 Utility's interest in certain lands and/or 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 above. NOW, THEREFORE, BE IT AGREED: The State will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for State participation. The State and Utility agree that all conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with 23 CFR 645, Subparts A & B and all other applicable federal and state laws, rules and regulations. Utility agrees to supply, upon request by the State, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to State not later than 90 days after completion of the work. When requested, the State will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed 80 percent (80%) of the eligible cost as shown in each such billing. In addition, the State will make a payment, before audit, which will bring the total percentage paid to the Utility up to the 90% eligible cost. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. Form ROW-U-JUAA Rev. 12/2004 Replaces Forms D -15-24A and D -15-80A GSD -EPC Page 1 of 2 C(1 PY UTILITY JOINT USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT District: Austin Federal Project No.: N/A ROW CSJ: 2211-02-020 Projected Highway Letting Date: May 2009 U -Number: U12911 County: Williamson Highway: FM 1460 From: 0.4 miles north of Old Settlers To: 0.4 miles north of US 79 WHEREAS, the State of Texas, ("State"), acting by and through the Texas Department of Transportation ("TxDOT'), proposes to make certain highway improvements on that section of the above -indicated highway; and WHEREAS, the the City of Round Rock, ("Owner'), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto. NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties mutually agree as follows: It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this Acknowledgement shall serve to modify or extinguish any interest vested in Owner in the event the current facilities are retained, altered, modified, added to, or constructed on additional facilities presently located within the above described area. This interest is retained provided that if existing facilities are to be altered or modified, or new facilities constructed within said area, the Owner agrees to notify TxDOT at least 30 days prior to the beginning of construction, and to furnish necessary plans showing location, type of construction and methods to be used for protection of traffic. If, in the opinion of TxDOT, such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements could endanger the traveling public using said highway, or be contrary to the recitals as set out above, TxDOT shall have the right to prescribe such regulations as deemed necessary to rectify the problem. These regulations shall not, however, extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. If Owner's facilities are located along a controlled access highway, Owner agrees that ingress and egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Owner's facilities are located in medians or interchange areas, access from the through -traffic roadways or ramps will be allowed by permit issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic roadways and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such repairs are initiated and adequate provision is made by Owner for the convenience and safety of highway traffic. Except as expressly provided herein, the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public. If Owner's facilities are located along a non -controlled access highway, the Owners rights of ingress and egress to the through -traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public. DATE: May 13, 2009 SUBJECT: City Manager Approval — May 15, 2009 ITEM: Consider executing the front page of the Standard Utility Agreement and the Utility Joint Use Acknowledgement Reimbursable Utility Adjustment with the Texas Department of Transportation regarding the FM 1460 Widening Project. Department: Staff Person: Justification: Transportation Services Thomas E. Word, Jr., P.E., Chief of Public Works Operations Due to changes made by TxDOT to the project limits and project timing, the front pages of the Standard Utility Agreement and the Utility Joint Use Acknowledgement Reimbursable Utility Adjustment were updated to reflect the following changes -- change the U -Number from "U1- 1150" to "U12911"; change the ROW CSJ from "2211-02-014" to "2211-02-020"; change the letting date from "September 2007" to "May 2009"; and the project limits from "2.958 Miles North of US 79 to US 79" to "0.4 miles north of Old Settlers to 0.4 miles north of US 79". Both documents are part of the Standard Texas Department of Transportation Utility Agreement previously submitted by the City to TxDOT in 2006. Funding: Cost: N/A Source of funds: 4b Corporation Outside Resources: Texas Department of Transportation Background Information: A six (6) inch, eight (8) inch and 16 inch waterline and a 20 inch wastewater force main are in conflict with the widening of FM 1460. A portion of the water lines are located in public utility easements, so the City is eligible for reimbursement of the costs associated with adjusting, removing and/or relocating the water lines. The City could be eligible for reimbursement of up to 90% of allowable costs. Public Comment: N/A UPDATED APRIL 2008 I of Tnompsopien Form ROW-U-35 Rev. 12/2004 Replaces Form 0-15-35, D-15-131, D-15-132, D-15 133, D-15-134 and D-15-137 GSD-EPC Page 1 STANDARD UTILITY AGREEMENT District Austin Federal Project No.: N/A ROW CSJ: 2211-02-020 Highway Project Letting Date: May 2009 U -Number: U12911 County: Williamson Highway: FM 1460 From: 0.4 miles north of Old Settlers To: 0.4 miles north of US 79 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 representative, shall be effective 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 improvements as designated by the State and approved by the Federal Highway Administration within the limits of the highway as indicated above; WHEREAS, the proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Utility as indicated in the following statement of work: install six (6) inch, eight (8) inch and 16 inch water lines including fire hydrants, valves, casings, bends, tees, plugs and sleeves from highway Station 365+98 to Highway Station 433+64 at a minimum depth of 42 inches; install a 24 inch split casing around existing twelve (12) inch sanitary sewer line at Highway Station 411+02; plug existing and remove and dispose of a 20 inch sanitary sewer force main from Highway Station 421+53 to Highway Station 450+00; and more specifically shown in Utility's plans, specifications and estimated costs, which are attached hereto as Attachment "A". WHEREAS, the State will participate in the costs of the adjustment, removal, and/or 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 Utility's interest in certain lands and/or 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 above. NOW, THEREFORE, BE IT AGREED: The State will pay to Utility the costs incurred in adjustment, removal, and/or relocation of Utility's facilities up to the amount said costs may be eligible for State participation. The State and Utility agree that all conduct under this agreement, including but not limited to the adjustment, removal and relocation of the facility, the development and reimbursement of costs, any environmental requirements, and retention of records will be in accordance with 23 CFR 645, Subparts A & B and all other applicable federal and state laws, rules and regulations. Utility agrees to supply, upon request by the State, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect costs in accordance with a work order accounting procedure prescribed by State, or may, with the State's approval, accumulate actual direct and related indirect costs in accordance with an established accounting procedure developed by Utility. Bills for work hereunder will be submitted to State not later than 90 days after completion of the work. When requested, the State will make intermediate payments at not less than monthly intervals to Utility when properly billed and such payments will not exceed 80 percent (80%) of the eligible cost as shown in each such billing. In addition, the State will make a payment, before audit, which will bring the total percentage paid to the Utility up to the 90% eligible cost. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. Form ROW -U-35 Rev. 12/2004 Page 2 Alternatively, State agrees to pay Utility an agreed lump sum of $0.00 as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and/or relocations and upon receipt of a final billing, make payment to Utility in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to proceed with the necessary adjustment, removal, and/or relocation. Utility agrees to proceed in such a manner that will not result in avoidable delay or interference with the State's highway construction. Should Utility by its actions cause interference or delay resulting in the imposition of damages upon the State by a third party, Utility agrees to indemnify the State for said damages. The State will, upon satisfactory completion of the relocation or adjustment and upon receipt of final billing prepared in an approved form and manner, 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. Unless an item below is stricken and initialed by the State, this agreement in its entirety consists of the following: 1. Standard Utility Agreement; 2. Plans, Specifications, and Estimated Costs (Attachment "A"); 3. Utility's Accounting Method (Attachment "B"); 4. Utility's Schedule of Work and Estimated Date of Completion (Attachment "C"); 5. Statement Covering Contract Work — ROW -U-48 (Attachment "D"); 6. Eligibility Ratio (Attachment"F"); 7. Betterment Calculation and Estimates (Attachment "G"); 8. Proof of Property Interest — ROW -U-1 A, ROW -U-1 B, or ROW -U-1 C (Attachment "H"); 9. Inclusion in Highway Construction Contract (if applicable) (Attachment "I"); and 10. Utility Joint Use Acknowledgment — ROW -U-JUA (Attachment "E"). AH 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 of this agreement or a written change or extra work order approved by the State. The Utility agrees to provide "as -built" plans to the State within ninety (90) days of completion of the adjustment or relocation. 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 that such cancellation will not create any liability on the part of the State. 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. The Utility by execution of this agreement does not waive any of the rights which Utility may have within the limits of the law. It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that the Utility agrees to indemnify and hold the State harmless for damage to existing facilities caused by the Utility's conduct. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. Form ROW -U-35 Rev. 12/2004 Page 3 UTILITY Utility:City of Round Rock Date: ki k EXECUTION RE MM'NDED: tin, Texas District * THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Com . ission. By: Date: * For locally -executed agreements, ROW Administrator recommends execution; otherwise District Engineer (or designee) . ** For locally -executed agreements, District Engineer (or designee) approves and executes; otherwise ROW Division Director. ATTACHMENT "A" Plans, Specifications, and Estimated Costs (Revised October 16, 2007) Print - Maps Live Search Maps F RE E! 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TE;ikS PUR!'rD;A R?4Y;tw'.. iSXtSPfMRIY Design and Construction Standards City of Round Rock, Texas General Guidelines Design and Construction Standards (DACS) January, 2005 Utility Criteria Manual SECTION 1 - WATER AND WASTEWATER 1.1.0. GENERAL The following information is intended to assist engineers and the general public in the design and construction of water and wastewater facilities. Information herein is to provide minimum standards for the City of Round Rock (City) requirements only. Sound engineering judgment shall be provided to determine if these minimum requirements must be exceeded for a particular engineering design. All water and wastewater design and construction must comply with the requirements of the State of Texas, when there is a conflict between State requirements and those contained herein, the more restrictive shall govern. 1.2.0. SERVICE EXTENSION PROCEDURE 1.2.1. General Information This section is intended to provide information needed to obtain water and wastewater service extension approval. The service extension is not to be interpreted as a vehicle solely for the purpose of securing a utility commitment, but rather a procurement of rights to install utility mains, associated facilities and off-site improvements within the City's Water and Wastewater Service Area. The Water and Wastewater Service Area is the Impact Fee Boundary for the Water and Wastewater Utility of the City. It is a set of geographic boundaries within which water or wastewater service may be provided. Properties must be completely within the service area before service extension can be approved. These water and wastewater facilities are not extended through capital improvement programs or other City initiated projects. A legal lot is an entire lot as shown in a recorded plat; a legal tract is a parcel of land, created by warranty deed prior to being subject to the platting regulations of the City that has remained in the same configuration. Utility service cannot be provided without a land status determination. 1.2.2. Service Extension Guidelines for Processing A. All properties not within the full -purpose city limits of Round Rock must petition the City Council for service. B. All extension requests within the full -purpose city limits not requiring City cost participation or the City Engineer or Utility Director without any further action may approve reimbursement. C. All service extensions requesting City cost participation or reimbursement must be submitted to the Utility Director for consideration and must be approved by the Round Rock City Council. 1-3 C. Valves 1. There shall be a valve restrained to the main of each fire hydrant. These and all valves sixteen (16) inches and smaller, shall be resilient seated gate valves. In lines larger than sixteen (16) inches and smaller than thirty six (36) inches, double disc gate valves are specifically required. In lines thirty six (36) inches and larger, butterfly valves may be used except in areas described below where double disc gate valves are specifically required. 2. Valves shall be located at the intersection of two (2) or more mains and shall be spaced so that no more than thirty (30) customers will be without water during a shutout. For lines smaller than twenty-four (24) inches, typical spacing should be five hundred (500) linear feet in high-density areas and twelve hundred (1,200) linear feet in a residential area, with a maximum spacing of one thousand five hundred (1,500) linear feet. Mains twenty four (24) inches to thirty (30) inches shall be valved at intervals not to exceed two thousand (2,000) linear feet. For lines thirty-six (36) inches and larger, valve spacing will not exceed two thousand five hundred (2,500) linear feet. 3. At dead ends, gate valves shall be located one (1) pipe length, with a twenty (20) foot minimum, from the end points of the main. In lines larger than sixteen (16) inches, these shall be double disc gate valves. The Engineer shall provide and show drawings for complete restraint for all such valves, pipe extensions and end caps. 4. Branch piping, both new and future branches, shall be separated from the main with gate valves. In branches larger than sixteen (16) inches these shall be double disc valves. 5. For mains twelve (12) inches and smaller, valves at street intersections shall be located at opposite point of curvature (p.c.) of the curb line. 6. All valves from six (6) inches to thirty (30) inches shall be gate valves. Gate valves shall be located on each side of a tee or cross (i.e. each tee will require three (3) gate valves and each cross will require four (4) gate valves to be installed). 7. Double disc gate valves may be required at locations where, in the judgment of the City Engineer or Utility Director, complete shut out is critical. 8. The operating nut of any valve shall be between eighteen (18) inches and twenty four (24) inches below finished grade. Extensions of valve nuts shall be provided as necessary to meet the depth requirement. 9. Valves with valve extensions and those at pressure zone boundaries shall be equipped with a locking type debris cap. 10. All horizontal gate valves larger than sixteen (16) inches shall have the operating bonnet located in a vault. All butterfly valves shall have actuators enclosed in a vault. 11. Valves having "push on" joints are not permitted for fire hydrant leads and laterals. D. Fire Hydrants 1-23 1. Fire hydrants shall be placed at a maximum of five hundred (500) foot intervals along residential streets and a maximum of three hundred (300) foot intervals along mercantile streets. Specific fire hydrant locations within a commercial, industrial, or multi -family site shall be coordinated with the City Fire Department. Consideration shall be given to accessibility and functionality of position when locating fire hydrants, and such consideration could shorten the above stated spacings as required by the City Engineer or Utility Director. Fire hydrants shall be in conformance with AWWA specifications with outlets and threading suitable for use with City fire protection equipment. 2. If required by the City Engineer or Utility Director, fire hydrants shall be installed on both sides of all divided road/highways. Roads/highways where opposing lanes of traffic are separated by a vertical obstruction shall be considered a divided road/highway. 3. For dead-end mains with no fire hydrant, an acceptable flushing device shall be required. 4. No private fire hydrants shall be allowed. 5. The entire fire hydrant assembly shall be restrained joints. E. Services 1. Water services shall be constructed in accordance with the City's Standard Details. More than two meters on a single service line will be considered on a case-by-case basis. 2. Individual meter services will not be taken from transmission lines. Transmission lines are generally considered to be twenty-four (24) inches in diameter or larger. Exceptions must be approved by EDSD and the W/WVVUD at the time of plan submittal. The Professional Engineer shall submit a letter with this request. F. Water Meters for Multi -Family and Commercial Customers A master meter shall be required for all building permits issued by the City for all multi -family, manufactured home rental community, commercial property, or any other multiple -use facility, unless otherwise approved by the City in the original development process. The measurement of the quantity of water, if any, consumed by the occupants of each individual unit shall be provided by the following: 1. Sub -meters, owned by the property owner or manager, for each dwelling unit or rental unit. 2. An alternative method approved by the Utility Director. 1.8.3. Wastewater Systems Connection with a TCEQ approved sanitary sewer system shall be required except where the City Council determines that such connection would require unreasonable expenditure of funds when compared with alternate methods of sewage disposal. Where alternate sewage disposal is permitted, the plans for such system must meet the requirements of the TCEQ and be approved by the Williamson or Travis County Health 1-24 FM 1460 WATER UTILITY RELOCATIONS - REIMURSABLE ITEMS ROW CSJ: 2211-02-020 CCSJ: 2211-02-015 CITY OF ROUND ROCK, TEXAS FINAL OPINION OF PROBABLE CONSTRUCTION COST ITEM NO. ESTIMATED QUANTITY UNIT DESCRIPTION EST. UNIT PRICE FINAL OPCC ESTIMATE BASE BID 1 1 LS MOBILIZATION $52,286.80 $52,286.80 2 1 LS TESTING $3,000.00 $3,000.00 3 200 LF JACKING OR BORING PIPE (18 IN) (STEEL) $500.00 $100,000.00 4 100 LF JACKING OR BORING PIPE (24 IN) (STEEL) $650.00 $65,000.00 5 90 LF JACKING OR BORING PIPE (30 IN) (STEEL) $900.00 $81,000.00 6 60 LF ENCASEMENT PIPE (18 IN) (SPLIT) $200.00 $12,000.00 7 50 LF ENCASEMENT PIPE (24 IN) (SPLIT) $300.00 $15,000.00 8 2166 LF TRENCH EXCAVATION PROTECTION $2.00 $4,332.00 9 125 LF PIPE (6 IN) (DUCTILE IRON) (WATER) $45.00 $5,625.00 10 285 LF PIPE (8 IN) (C-900 DR -14) (WATER) $50.00 $14,250.00 11 165 LF PIPE (12 IN) (C-900 DR -14) (WATER) $55.00 $9,075.00 12 1423 LF PIPE (16 IN) (CL 200) (DUCT IRON) (WATER) $75.00 $106,725.00 13 6 TON DUCTILE IRON FITTINGS (WATER) $4,000.00 $24,000.00 14 5 EA VALVE (6 IN) (GATE) (FIRE HYDRANT) $1,600.00 $8,000.00 15 4 EA VALVE (8 IN) (GATE) $1,700.00 $6,800.00 16 1 EA VALVE (16 IN) (GATE) $5,000.00 $5,000.00 17 1 EA VALVE (12 IN) (TAPPING) $3,500.00 $3,500.00 18 3 EA VALVE (16 IN) (TAPPING) $5,500.00 $16,500.00 19 1 EA TAPPING SLEEVE & VALVE (16 IN X 12 IN) $4,000.00 $4,000.00 20 3 EA TAPPING SLEEVE & VALVE (16 IN X 16 IN) $5,000.00 $15,000.00 21 1 EA TAPPING SLEEVE & VALVE (24 IN X 6 IN) $6,000.00 $6,000.00 22 1 EA AIR RELEASE & VACUUM VALVE (2 IN) $2,750.00 $2,750.00 23 5 EA FIRE HYDRANT $2,200.00 $11,000.00 24 1 EA FIRE HYDRANT (TRANSFER LEAD) $800.00 $800.00 SUBTOTAL = $571,643.80 ENGINEERING (SEE SUBTOTALS BELOW) = $119,120.00 TOTAL = _ $690,763.80 Consulting Engineer Estimate (See Attached Fee Schedules for Details( DESCRIPTION FIRM TOTAL COST Utility Adjustments Chiang, Patel & Yerby, Inc. (CRR0159) $58,190 Reimbursement Assembly Pkg Chiang, Patel & Yerby, Inc. (CRR0117) $15,622 Utility Adjustments Updates Chiang, Patel & Yerby, Inc. (CRR08107) $14,970 Subconsultants SAM, Inc. (CRR0159) $9,930 Subconsultants Inland Civil Associates, Inc. (CRR0117) $20,408 TOTAL: $119,120 y chgrILA-c-T ATTACHMENT B CITY OF ROUND ROCK FM 1460 RECONSTRUCTION SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer shall provide engineering and technical services for the construction of necessary City of Round Rock water and sanitary sewer facility adjustments and/or relocations located within the Texas Department of Transportation's proposed FM 1460 Reconstruction Project in Williamson County. Such services shall be performed in four (4) Phases, namely, (1) Preliminary Design Phase, (2) Final Design Phase, (3) Bidding Phase, and (4) Construction Phase. The following outlines the specific tasks to be performed by the Engineer in each phase of services. Preliminary Design Phase: 1. Review available data and consult with the City of Round Rock (City) to clarify and define requirements for the Project. 2. Advise the City as to the necessity of providing or obtaining from others additional data or services. 3. Review existing water and sanitary sewer facilities and identify potential problems or conflicts arising from roadway reconstruction. 4. Consult with the City, reviewing preliminary reports, clarifying and defining the project requirements, and reviewing available data. 5. Perform a limited design survey for one week of field crew time to obtain general topographical data in the areas of anticipated water and/or sanitary sewer facility adjustments and/or replacements. 6. Prepare preliminary construction plan drawings including plan and profile sheets at plan scale of one (1) inch equal to fifty (50) feet horizontally and profile at one (1) inch equal to five (5) feet vertically. Show on preliminary drawings existing and proposed topographical features and improvements within and outside the right-of-way necessary for the design of the project. Also, the drawings will show approximate locations of the existing utilities within the project site or right-of-way and anticipate the design, if appropriate, of a solution to minimize conflicts. 7. Prepare a list of possible specifications. 8. Prepare and furnish revised opinions of probable total project costs. 9. Furnish the City four (4) copies of the preliminary documents. Final Design Phase: 1. Prepare final construction drawings showing the character and extent of the project based on the accepted preliminary design documents. 2. Prepare specifications. 3. Prepare a project erosion control plan. 4. Prepare and furnish a revised opinion of probable total project costs based on the final drawings and specifications. 5. Furnish the necessary engineering data required to apply for regulatory permits from local or state authorities. Prepare said applications and meet with local or state authorities as required to obtain permits. 6. Prepare basic documents related to construction contracts for review and approval by the City. These may include contract agreement forms, general conditions and supplementary conditions, invitations to bid, instructions to bidders, insurance and bonding requirements, and preparation of other contract related documents. 7. Furnish the City four (4) copies of the final documents. Bidding Phase: 1. Furnish to the City twenty-five (25) copies of drawings, specifications, and other contract documents. 2. Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. 3. Prepare for and conduct bid opening. 4. Prepare bid tabulation sheets, and provide assistance to the City in evaluating bids. Construction Phase: I. Prepare for and conduct a preconstruction conference and issue a Notice to Proceed on behalf of the owner. 2. Review shop drawings and erection drawings submitted by the contractor for compliance with design concepts. 3. Review laboratory, shop, and mill test reports on materials and equipment submitted by the contractor for compliance with the constmction documents. 4. Provide one set of construction stakes delineating the Project as to line arid grade, appropriate bench mark information and cut sheets for pipelines for which profile elevations have been drawn. 5. Make periodic visits to the site (approximately two visits per month) to observe the progress and quality of the work, and to determine in general if the work is proceeding in accordance with the Contract. 6. Issue instructions from the owner to the contractor, issue necessary interpretations and clarifications of contract documents, prepare routine change orders for making correction of errors or omissions by the Engineer and make recommendations as to the acceptability of the work. 7. Review payment estimates and recommend approval or other appropriate action to the City. 8 Observe, performance tests and initial operation of the project. 9. Prepare record drawings in an electronic format from information submitted by the contrac tor. (IA y c bprMt T CITY OF K - ;SND ROCK FEE ESTIMATE 0 0 § 0 '■�2�i&2■ A4 zi4\2 3 { \\ j 2^ )} 2 „ — §==; J 2; t`())k //I§i; a _ i■26 [ Lump Sum Lump Sum / . ka (Automobile Expenses Parking, Tolls, Etc. Long Distance Telephone Compute:, Word Processor r. //\& P. ;2 \$�/2¥ /)//\/ ■ �. Et Total A & . § a a I Staff Engineer 510 nrr &. / V.; } ` q - 7k§&.\r; Sts. -- w - a- a_ 2 § 7 7§§7 \ w Q s,..) ) � - / (Prepare preliminary drawings Prepare list of possible specifications Prepare opinion of p:otiable const coit] § & } \ w .m 0 0 § 0 co $ + C. TOTAL COST = LABOR + ODCs = S 3 { \\ 2 2 2^ )} 2 „ — days at $i5 J 2; t`())k //I§i; a _ i■26 .i Lump Sum Lump Sum / . ka (Automobile Expenses Parking, Tolls, Etc. Long Distance Telephone Compute:, Word Processor r. //\& P. ;2 \$�/2¥ /)//\/ ■ �. Et Total co $ + C. TOTAL COST = LABOR + ODCs = 3 0 V PG x 0 xi FINAL I (G J 2. Q 1 o N WI yi ./) 2 q J 6 N N p N T c c E N H c 20C pages at 50.10 sheets at St N a q 'd y -= 2 E£ w C tN t!) a C z c: to C 7 ti N c W u .y Parking, Tots, Etc Long Distance Telephone Computer, Worts Processor ' a .0 S o !Mylar Plotting Express Mari, Postage ICeotechnical Services 'Eng. Survey Serv. -- ROW Surveying Services .. o — <v m a 8 N � rn o N ry N d N i N O . 0 1 Staff Engineer 510 fir si N N N o H N N W N N a cv , v. N N 2 2 N N 2 N P M DKK C tiv E A u W p, 'Prepare final construction drawings u Z. i1 1.Prepare erosion control plan I Prepare opinion of probable const:nsd Furnish City 4 copies of final documen 1.2in —1 ,-.4 MIj( e h so n m a o 0 V PG x 0 xi FINAL I (G J 2. o N WI yi ./) 2 q J 6 N N p N T c c E N H c 20C pages at 50.10 sheets at St N a q 'd y -= 2 E£ w C tN t!) a C z c: to C 7 ti N c W u .y Parking, Tots, Etc Long Distance Telephone Computer, Worts Processor ' a .0 S o !Mylar Plotting Express Mari, Postage ICeotechnical Services 'Eng. Survey Serv. -- ROW Surveying Services .. o — <v m a u, .o N � rn o II CO tMH C. TOTAL COST = LABOR + ODCrs = 4029 Cape41 d lug Marren Seth B+vdk 0i Pnlea uui Floc Syits 0125 Hie. Austin. Joao Jild1 5114414515. kt 512.3263029 tarot m►itteet.cce Seritrmher 6, 2001 Mr. David Weikel Chiang, Patel & Yerby, [nc. 12500 San Pedro, Suite 100 San Antonio, Texas 78216 RE: FM 1460 Utility Relocations for City of Round Rock SAM, Inc. Proposal No. P21003.54 Dear David: Via Pax 210/494-8286 Surveying And Mapping, Inc. (SAM, Inc.) is pleased to provide Chiang. Patel & Yerby, Ire (Client) with this proposal for surveying services in support of this project. Based upon the drawings you have provided u: and our discussions regarding the project, we will provide iumted design >tirvey and also construction staking services. Per your instructions. we have not included subsurface utility engineering (SUE), i,c., utility desigr.attrib and locenng, et this time. However, SAM, Inc. can provide SUE as an additional service if the Client determines they are needed during the design of the project. Based upon the areas of possible conflict/adjustment you have indicated on the drawing, we have hod c teal one week of field crew time for design survey. It is our understanding than the limit and scope of these areas is subject to hange as your design process evolves. We will also verify and density as necessary the existing survey control as provided to us by the Client. This design survey will be dobe ort a time and materials basis in accordance with the attached Standard Hourly Rote Schedule with an estimated cost of S9,930.00. The construction staking scope and fee follows and is bard upon the following pipe quantities provided by the Client: 5050L;" Waterline 3000 LI' 20" Force Main 700 LF 12" Sanitary (Gravity) 600 LF 8" Water Please feel free to coil with any questioas. If this proposal is acceptable; please have the attacher) Standard Terrns atsd Conditions signed and returned to us, It will serve as our notice to proceed. We look forward to working with you on this project. fSi 1-11°-112/1 Robert.1. Roy, RPLS Senior Project !vianager RR j_j A.ttncnments: Page 1 of 4 0 PRnrcrsAU,2oiri'1'2IOM- t4 'P.M 1410,P2t003-54.dac 1. CONSTRUCTION STAKING SCOPE OF WORK IND. 9lmta•0b* MIIw4•11e01ee SAM, Inc. will provide construction staking services on thc above referenced project un a one-time basis as described below. All construction staking requests will require forty•cight (48) hours notice and city/county approved engineering plans. Services provided due to incomplete or inadequate plans w'll be handkd as an additional service. The horizontal and vertical control shown on the construction plans, or as provided 'oy Chiang, Patel & Yerby, Inc. will be utilized to complete this project. Re-establishment of horizontal andlor vertical control will be. provided as an additional service. A. CONTROL SAM. Inc. will recover and verify the horizontal and vertical control shown on the construction plans, or as provided by Chiang, Patel & Ye3y, Inc. B. WATER LINE SAM, Inc, will set an offset line to each water line. Hubs will be set along this offset line at all P.C.s, P.T.s, grade breaks, anti 50 -foot stations. Cuts will be computed to thc proposed pipe flowlinc, as shown of the construction plans, and issued to Chiang, Patel & Yerby, Inc. WASTEWATER (FORCE MAIN :AND GRAVITY) SAM, Inc. will set an offset line to each wastewater lino. Hubs; will be set along this offset line at ail P.C,s, P.T.s grade breaks, and 50 -foot stations, Cuts will be computed to the proposed pipe ilowlitie, Eta shown on the construction plans, and issued to Chiang, Patel & Yerby, Inc. II. CONSTRUCTION STAKING REE Tex prices are contingent upon accurate and sufficient horizontal and vertical control being provided to SAM, Inc. and that all lines have been cleared of brush prior to construction staking. A. CONTROL 13. WATER LINE 1) Horizontal and vertical with Cut sheets 0, WASTEWATER I) Horizontal and vertical witri crit sheets III. 'ADDITIONAL SERVICES 5500.00 51.14 per linear foot 51.10 per linear foot in addition to the services outlined above, SAM, Inc. will provide adiiitiorml sc: vices as ccyucstcd by the Clicct on a time and materials basis, based upon the attached Hourly Rate Schedule. If requested, a scope of work and estimated fee will be provided in writing prior to SAM, Inc. proceeding with any additional service. These additional services include, but ore not limited to, tate following: • Clearing of brush for construction staking. • Restaking any item previously staked under this agreement. • Establish horizontal andlor vcrticat control. • Any time spent resolving discrepancies with the construction plana. • Any other sere cef not specifically outlined above. Page 2of4 fl\PRt)PUSALLIOOPp21O03-34 F'M )413tTP21O01.S440c ti STANDARD SURVEY HOURLY RASE. SCHEDU HELD CREW SERVICES: Survey Field Crews Two (2) Person Field Crew Three (3) Person Field Crew Additional Kodperscm, Chainpersort or Flagperscn GPS Field Operator & Vehicle & GPS Receiver GPS Receiver (Unmanned) S105.00 per hour S120.00 per hour S 28.00 per trour S 90.00 per hour S 50,00 per hour Crew Rates include one four-wheel drive vehicle. There is Ito mileage charge t'or fully equipped field vehicles when the job site is within tiny (50) miles of the office from which the survey crew originates. OFFICE PERSONNEL SERV (CES: Office personnel are available at fixed hourly rates: Project Manager Staff Surveyor 'yield Coordinator GPS Data Processing Survey Technician Clerical Support 1 r1vel & Subsistence: 595.00 per hour SSS.0O per hou: 570.00 per hour 563.00 per !tour. 565.100 per hour 540.00 per hour All travel and subsistence expenses arc invoked at actual cost plus 100,!, handling. Cost of mileage on company-owned vehicles is olrnputed at the current I.R.S. mileage allowance. Cost for company-owned four-wheel drive vehicles is computed ht the current 1.R.S, mileage allowance plus S30.00 per day. Purchased Services: Terms: All purchased services are invoiced at actual coat plus 10% handling. These include but are not limited to reproduction, computer time, long distance telephone, consultants, subcontract services, rented or leased equipment, and expendable supplies. the Client shall promptly review invoice statements and notify SAM, Inc. of any abjection thereto; absent such objection in writing within fifteen (15) days of the date of the invoice, the invoice shall be deemed pnJper and acceptable. Invoices are submitted monthly for all services rendered and are payable upon receipt. Late paytnenti will incur a late charge of one and one-half percent (i-112%) per month from the original date of invoice. SANE Inc, reserves the right to stop work should invoices not be paid within the stated terms. 'i'axes Boundary surveying services and fees are subject to State and Local tales tax. 8.25% sales tax. when applicable. will be collected. Page3 of4 O:'4Pt(OP'JSA 1.12001 U'2:013-54 F'.+1 14601'2 i 003.54.dw ij EXHIBIT B CITY OF ROUND ROCK c4 241'10,4-T coon"... 51445 CR113 — Realignment & Reconstruction from FM1460 to the MoKan Right - of -Way SUPPLEMENTAL AGREEMENT NO. 5 ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER The Engineer shall provide the necessary engineering and technical services required for the preparation of the items required by the City for the preparation of a TxDOT Utility Reimbursement Assembly Package. All documents prepared by the Engineer for the City shall be in accordance with the TxDOT Utility Manual. The latest version of the manual is available at http://manuals.dot.state.tx.us/dynaweb/colrowma/utl. These items consist of the items presented to the Engineer on July 29, 2004 at a meeting with the City of Round Rock and additional items identified in this attachment. These items are limited to those items described in the TASK OUTLINE shown below and the quantities shown are in addition to all previous supplemental agreements. TASK OUTLINE REIMBURSEMENT ASSEMBLY PACKAGE 1) The Engineer shall perform a title search along the FM 1460 right-of-way for the purposes of determining where the City of Round Rock currently posses utility easements. The limits of the title search will be from US 79 to 2.958 miles north of US 79. 2) The Engineer shall provide a plot to the City which depicts the easements discovered through the title search overlain on the TxDOT proposed right-of- way maps. The Engineer shall also provide copies of the documents that establish ownership of the easements by the City. 3) The Engineer shall prepare a betterment estimate for the utility construction IAW the TxDOT Utility Manual. This estimate shall depict what the estimated costs will be for the construction of utilities that are reconstructed due to displacement from a City of Round Rock easement. The Engineer will prepare 5 copies of the estimate for submittal to the City. 4) The Engineer shall prepare a non -betterment estimate for the utility construction IAW the TxDOT Utility Manual. This estimate shall depict the estimated costs associated with replacing those utilities reconstructed due to displacement from a City of Round Rock easement if it is replaced in kind and not upgraded. The Engineer will prepare 5 copies of the estimate for submittal to the City. 5) The Engineer shall calculate the Eligibility Ratio for the utility betterment IAW the TxDOT Utility Manual and provide 5 copies to the City. An example would be if the betterment estimate is $100,000 and the non -betterment is $90,000, then the associated eligibility ratio would be 90%. 6) The Engineer shall gather two copies of the proposed TxDOT right-of-way plans from the State and provide them to the City as is. 7) The Engineer shall provide the City with five (5) copies of the utility relocation plans as accepted by the City on August 27, 2002. The Engineer shall color code two (2) of these plans sets to make relocation efforts more clear to the reviewer. 8) The Engineer shall provide the City with five (5) copies of the submitted specifications for the project. 9) The Engineer shall provide the City with five (5) copies of the relocation plans opinion of probable cost updated to be more accurate with the current market. The original engineer's opinion of probable cost was submitted on August 27, 2002. 10) The Engineer will meet on a regular basis with subconsultants and coordinate their scope of services. 11) The Engineer will prepare project invoices, project progress reports and meet with the City on a scheduled basis. FEE SCHEDULE PROJECT NAME: CRI 13 PROVIDER NAME: Chiang, Patei Yerby EXHIBIT D FEE SCHEDULE 4 i 1 i2009 CR113 - Realignment & Reconstruction from FM 1460 to the MoKan ROW City of Round Rock, Texas Fee - CRY,xrs 1111 'ii ..411120.!' 411041111112-101 Page 2 of 3 PROJECT NAME: CR113 PROVIDER NAME: Chiang, Patel Yerby EXHIBIT D FEE SCHEDULE 4/112009 CR113 - Realignment & Reconstruction City of Round Rock, Texas Task Description Total Cost TOTAL=LABORCOSTS.i"i RIGHT OF VdAY AND UTILITY ADJUST viENTS (FC 13 15 SUB -TOTAL LABOR EXPENSES 5.397 00 TOTAL LABOR COSTS EXPENSES TOTAL CP&Y FEE SUBCONSULTANTS Inland CMI Associates, LLC 92.00 230.00 5,622.00 )C? 20,408.0 GRAND TOTAL 36,030.00 Fee - CPY.xls Page 3 of 3 Fee Schedule Ireland Civil Associates, U zN W U (/) Q 0 c < W o z z aW Z• • W 2 • "1- _J J t (/) W Z O w O F M F... I, o 0 rU tr.S N 0 O c0�.`r'.� G) v? W t �•. V o 0 N n 2 A v; + 0 J 0 Q C O } G G 0 CI) } .0 C 0 4 :] 0 11111100)). c2 '� 0 Q u v O 0 0 0 0 0 0 0 0 r 0 I-- ) V) N c 11'.c 0 0 Of T O C 2 O Cf 2 O S j 0 Vi co w n F... ay ! 5 QW o � = '� z C O O I III W 0 O Q CC O 4 CC H Ct I V OU Q' Q fl a' 1. ✓f C 0 0 <p 0 4 g (n I 0 0 0 O v) v ( TSD `n _ O _ v. 0 0 C N N 0 0 N 0 0 0 C CO i a 4 CREW (AOC PERSON1 N O 0 0 0 i 0 HRS I HRS 0 11' ( c j 4 Y4 w 1* MN) 0 0 z . (A z z O 0 iz' s O V) x O 0 K z O { r: • (0 ,,N H J; T 0 0 V) Q` T 0 0 CY 0 0 (1) rt z 0 (1) (1 _, O ' L y C.a 41 i Cf Ill rn N ... 1 w H 0 z Y 2 u u ' 7 0 0 U) T u ,-. <a CC ) f3. c7 r- 0 V S s) u a V _ v'5 — 4, t 1 t'i 0 2 �) .1 Crv: ��.� , Q -,'1! x n 2 r ti is ` 0 u_ c,P4 y cbsT1 -i EXHIBIT B Engineers Services FM 1460 — From 2.2 Mi. N. of US 79 (north of Old Settler's Blvd) to 0.4 miles N. US 79 WILLIAMSON COUNTY The Engineer shall provide the necessary engineering and technical services for the preparation of pians, specifications and estimates (PS&E) for widening FM 1460 in Williamson County from 2.2 Mi. N. of US 79 (north of Old Settler's Blvd) to 0.4 miles N. of US 79 in Round Rock. These construction plans will describe the construction of a five -lane urban roadway section with a two way left turn lane. The project also includes the realignment and reconstruction of approximately 1600 LF of Old Settler's Boulevard / Kiphcn Road. The PS&E described above were originally prepared by the Engineer under a separate contract with TxDOT and currently exist at approximately 95% completion. The Engineer will provide services to the City of Round Rock to complete the design of the previously prepared PS&E as well as provide bid and construction phase services. The design services to be provided by the Engineer include those not completed as part of the TxDOT FM 1460 project as of the date this contract is executed as well as additional modifications. These modifications include: miscellaneous drainage revisions; design updates at the match point with the adjacent FM 1460 project at the north limits; modifications to the east limits of Kiphcn Phase I and incorporating FM 1460 water and wastewater utility relocation plans into the proposed project plan set. The construction plan set for this project will contain the required drawings and details pertaining to grading. paving, culvert layouts. bridge layouts. span details, signing, pavement marking, delineation, sequence of construction, traffic control. signatization and drainage. The plan set will he prepared in English units and shall he suitable for the bidding and award of a contract through the City of Round Rock's construction contracting system. The designs included in the above described PS&E shall he in accordance with the requirements of the 1990 edition of AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAY AND STREETS, TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES including Part Vi, TxDOTS OPERATIONS AND PROCEDURES MANUAL, The 1985 edition of TxDOTs HYDRAULIC MANUAL and other TxDOT design guides and manuals. TxDOT standard drawings and design details shall be included without modification whenever possible. Bid items and standard specifications shall correspond to the 2004 edition of TxDOT's STANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS, STREETS, AND BRIDGES. if a special specification or provision is needed for this project, it shall he approved for state-wide use or written in TxDOTs standard format and. to the extent possible. incorporate references to TxDOT test procedures. Specific City of Round Rock standards and specifications will be incorporated into the project plans and specifications as directed by the City of Round Rock. These items are written into the Task Outline of this exhibit. The Engineer established the roadway geometry model and perforated earthwork and paving quantity calculations with the Bentley Microstation enhancement known as GEOPAK. The CADD and GEOPAK criteria files, which comprise the geometry model, shall he provided to the City at the completion of the project. Hydraulic designs and calculations for culverts were performed with a PC-based hydraulic model such as IIECRAS, CULVERT, CULVERT MASTER or other hydraulic model approved in advance by TxDOT. The culverts were sized to accommodate run-off from the subject roadway and run -cuff from outside the project limits based on the TxDOT 10 year storm. Hydraulic designs and calculations for inlets and storm sewers were performed using WINSTORM. TASK OUTLINE I. ROUTE AND DESIGN STUDIES (Function Code 110) A. DATA COLLECTION 1. Schedule, prepare for and attend a project kick -oft' meeting with the City of Round Rock staff. 2. Review available data for FM 1460. Kiphen Road and adjacent areas and roadways. The Engineer will also coordinate with the designers of the adjoining section of FM 1460 to the north. This task will include the collection of drawings and transportation plans. 'The Engineer will also review this data to determine the applicability of each item to the project roadway. 3. Research and identify significant issues, as perceived by t.hc City of Round Rock, or local officials, 4. Review and update, if necessary, the roadway design criteria for the project to he approved by the City of Round Rock prior to finalizing design activities. II. SOCIAL, & ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT (Function Code 120) A. ENVIRONME`I'AL DOCUMENTATION 1. It is assumed that no environmental coordination or documentation will he required for this project. If it k determined during project development that these services are required, it shall be handled as a supplemental agreement to this contract. B. PUBLIC HEARING I. It is assumed that no public hearing will he required for this project. If it is determined during project development that these services are required, it shall he handled as a supplemental agreement to this contract. III. RIGHT-OF-WAY DATA AND UTILITY ADJUSTMENTS (Function Code 130) A. UTILITY COORDINATION AND RESEARCH Utility coordination services were performed by others during the previously prepared FM 1460 project. The Engineer will coordinate the transfer of this information from TxI)(T to the City of Round Rock as directed hy the City of Round Rock. Additional utility coordination required will be performed as directed by the City of Round Rock under a supplemental agreement. B. RELOCATION OFCITY UTILITIES The Engineer prepared water and wastewater relocation plans in accordance with a previous contract between the Engineer and Owner which was executed on October 6, 2000, The Engineer will review and modify the previously prepared construction plans, specifications and estimate prepared in 2002 to meet current standards and specifications. The Engineer will also update the plans to include the current roadway design fifes and survey information prepared for the previously prepared FM 1461) plan set. 2. The Engineer will develop utility plans for inclusion into the PS&E package for the design of two approximately 8" water lines that will service businesses south of Kiphen Road. C. R1GH'I'-OF-WAY 1. Right-of-way services were performed by others during the previously prepared FM 1460 project. If necessary, the Engineer will prepare an easement parcel sketch with metes and hounds for 5 additional parcels as directed by the City of Round Rock. The Engineer will coordinate subconsultant activities and obtain information from the TxDOT FM 1460) project as directed by the City of Round Rock. IV. FIELD SURVEYING AND PHOTOGRAMMETRY (Function Code 150) A. HELD SURVEYING SERVICES I. The Engineer shall review the survey services performed for the TxDOT FM 1460 project to determine areas of new construction. 2. The Engineer shall tic the Kiphen Road Phase 11 project, east leg of Bowman Drive intersection, Agarita Trail and US 79 to the FM 1460) datum. 3. The Engineer shall attempt to recover the primary control datum previously set and reset new control where needed. 4. The Engineer shall collect spot elevations and grade breaks in the areas (I' new construction and collect all driveways, parking lots, visible utilities. drainage features, trees and any improvements within the defined area. The scope does not include utilizing One Call for utility locates. All trees will have a description in the data collection but will not be tagged. 5. The Engineer will generate a 1 foot contour interval DTM Iilc of the new .surveyed areas and merge with the original model. 6. Any additional survey services required to complete the construction plan set will he performed under a supplemental agreement to the contract. 7 The Engineer shall coordinate subconsultant activities. V. ROADWAY DESIGN CONTROLS (Function Code 160) A. PAVEMENT DESIGN 1. The Engineer shall utilize the pavement design approved fior the TxDOT FM 1461) project. R. ROADWAY PLANS L The Engineer will incorporate previously prepared FM 1460 plans into the proposed plan set. A QAlQC review of the roadway plans will be performed prior to final submittal. The review will include vertical and horizontal geometry. driveway and side street locations, and miscellaneous paving details. FEE SCHEDULE cpct f o *°4 FM 1460 - From 2.2 mi North of US 79 to 0.4 mi North of US 79 City of Round Rock, Texas Ci C >: °ZS 0. 0 0 t 0) = co 0 z .cs L., tn 0 a) U. Total Labor Total Labor Hours Costs 8 CO 44 04 44 I < 8tN 464, • 44 0 <2, t.-.. •.„ a> V) ,-- V) (0 r, "r7 t.) .5...1 0 S ;4". ,V) 1 • • c V) V) V) V) 44 LT.,1,-- . si- 1 c...; c)r-: 0 69 kr9 0 V> Senior Design j Design itgEngineer Eineer $43.00 7 $38.00 • 1 0' ICO , - . 0 01 i ---- CC> V 68 I 92 S 2.924.00 S 3.496 00 $ 5,409.40 S 6.467.60 S 8:333.40 $ 9.963.60 $ 1,000.01 5 1,19563 9.333.41 $ 11,159i23 •,-, to .2. r5 oa or) ' , I 7 8 2 S A:Z 0 N. ,:s4 co co 0 N. 0 0 co 40144 oes c., z a- ,, 1 I o 0 00 , co " Task Description 111 MOHT-OFWAY AND UTILITY ADJUSTMENTS (FC 1301 A Ccordinabon Al Coordirate with Previous Utility Coofdirator B Relocation of Cit UtiTtlies B1 Review 1..a e xisting FM 1460 'V/WWtIi lily Plans Er2-13.-WWrites at Kiphen Phase 1 C ROI -of -Way C1 Performed by Subcorsultanl C2 Coordinate Subconsuilant Activities FC 130 - SUB roi ALS HOURS SUB -TOTALS IRECI LABOR COSTS OVERHEAD AT PROVIS1ONAL RATE (1850O%) 7 TOTAL LABOR COSTS FIXED FEF / SUBTOTAL (FC 130) 0) Exhibit D.xls x (Attachment "B") Utility's 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 The utility 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. (Attachment "C") Utility's Schedule of Work and Estimated Date of Completion Start Date: May 25, 2009 Estimated Duration: 126 Days Completion Date: September 28, 2009 NOTE: Construction is to be completed by the road contractor after letting. (Attachment "D") Statement Covering Contract Work ROW—U-48 AVOW Form ROW -U-48 Rev. 12/2004 Replaces Form D-15-48 GSD -EPC Page 1 of 1 STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK (AS APPEARING IN ESTIMATE) District: Austin County: Williamson Federal Project No.: N/A U -No. 11150 ROW CSJ No.: 2211-02-020 Highway No.: FM 1460 I, Joe Clifford, 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 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 indicate 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. ❑ 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. 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. (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 contpeot. warded by the State. Signature Acwor Title I 1-1-210-0, Date ATTACHMENT "E" Utility Joint Use Acknowledgement Taw Form ROW-U-JUAA Rev. 12/2004 Replaces Forms D-15-24A and D-15-80A GSD-EPC Page 1 of 2 UTILITY JOINT USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT District: Austin Federal Project No.: N/A ROW CSJ: 2211-02-020 Projected Highway Letting Date: May 2009 U -Number: U12911 County: Williamson Highway: FM 1460 From: 0.4 miles north of Old Settlers To: 0.4 miles north of US 79 WHEREAS, the State of Texas, ("State"), acting by and through the Texas Department of Transportation ("TxDOT"), proposes to make certain highway improvements on that section of the above -indicated highway; and WHEREAS, the the City of Round Rock, ("Owner"), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto. NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties mutually agree as follows: It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this Acknowledgement shall serve to modify or extinguish any interest vested in Owner in the event the current facilities are retained, altered, modified, added to, or constructed on additional facilities presently located within the above described area. This interest is retained provided that if existing facilities are to be altered or modified, or new facilities constructed within said area, the Owner agrees to notify TxDOT at least 30 days prior to the beginning of construction, and to furnish necessary plans showing location, type of construction and methods to be used for protection of traffic. If, in the opinion of TxDOT, such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements could endanger the traveling public using said highway, or be contrary to the recitals as set out above, TxDOT shall have the right to prescribe such regulations as deemed necessary to rectify the problem. These regulations shall not, however, extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. If Owner's facilities are located along a controlled access highway, Owner agrees that ingress and egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Owner's facilities are located in medians or interchange areas, access from the through -traffic roadways or ramps will be allowed by permit issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through -traffic roadways and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such repairs are initiated and adequate provision is made by Owner for the convenience and safety of highway traffic. Except as expressly provided herein, the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public. If Owner's facilities are located along a non -controlled access highway, the Owner's rights of ingress and egress to the through -traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public. Form ROW-U-JUAA Rev. 12/2004 Page 2 of 2 Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with applicable laws of the State of Texas. If applicable, Owner will, by written notice, advise the State of the beginning and completion dates of the adjustment, removal, or relocation, and, thereafter, agrees to prosecute such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. At the completion of the adjustment, removal, or relocation, the Owner will deliver a set of "as -built" plans to the State. The Owner and the State, by execution of this Acknowledgement , do not waive or relinquish any right that they may have under the law. 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. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. It is expressly understood that the Owner conducts the adjustment, removal, and/or relocation at its own risk, and that the Owner agrees to indemnify and hold the State harmless for damage to existing facilities caused by the Owner's conduct. The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: Ci of Round Rock Utility Name By: EXEC ION REC DED: Dis Title: 7 l late) Date: q/C2gP61 "ct Engineer, Au st ct s Department of Transportation THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: 411r. Date: t of vision (ATTACHMENT "F") TxDOT ELIGIBILITY CALCULATIONS Account Number: ROW CSJ: 2211-02-020 CCSJ: 2211-02-015 County: Williamson HWY #: FM 1460 From: North of Old Settlers To: 0.4 miles North of US 79 Relocation/ City of Round Rock Water and Wastewater Length of line or number of poles in an easement = 1361 LF Total length of line or number of poles = 1951 LF Eligibility Ratio = length of easement 1361 total length 1951 ELIGIBILITY RATIO: = 69.76% 0.6976 1 011 EXAMPLE ONLY Eligibility Ratio Backup ROW CSJ No. 2211-02-020 Williamson County FM 1460 From: North of Old Settlers Blvd To: 0.4 miles North of US 79 From Utility Relocation Plans and Legal Descriptions: Sheet Numbers Existing Water / Wastewater pipeline quantity (LF) Sheet No. x of 9 ROW or No Easement 1 0 2 0 3 0 4 105 5 80 6 110 7 0 8 295 9 0 Public or Private Easement 0 0 0 11 48 0 221 1081 0 Total 0 0 0 116 128 110 221 1376 0 Totals 590 1361 1951 P.U.E. 69.76% Total LF Notes: 1. Easement locations obtained from City of Round Rock / legal descriptions 2. Total existing w/ww lengths based on limits of the plan sheets 3. Lines to be abandoned or removed were not counted in total length or easement length 4. End project limits at Sta. 440+00 due to previous construction at US 79 and on FM 1460 W 9 _ St Zi 57,_Ty?y���q�`�i �" 55, -VO riglii 24:10 !,101Q Xtggh:: POO & !1I gDt, scl rs '� atit y-1- JA4e1 if! d'< Iii '11 ' gi tf3S 'T'IO't C<1W 2 rw ,b , Y. y�CT y� s y('q(y3� WO W FDW {11�Nyy&U.yW��Wgy y��i;!�y[¢b yyyyZJ�ym1h tmu t�`-<u�-'-c� fC.11 a.-3u� c+sY'&'S Y >- t-- 0 2 1,11 -4,1 0 Vf� 1 ROW CSJ NO.: 2211-02-015 wLLwMSON COUNTY FM 1460 FROM: 2.2 1µES NORTH OF US 79 70: 0.4 1µE5 NORTH OF US 79 Lta4/14 It3 ERSE'NE tST 1-D164 { INI {2AW iv 5 fr fi t69tL l3 :b0'OSi,St vis 14A 8 00'OL•f;£Y1S 3dA 00'SL•Stf VIS IAA 00'St•1tf 111S 3dA 1 4,0 • Zl'ICC •'13 06'60.6?£ •ViS IdA F' WISN343 35111(14 bbd 551ST WM /WO 1X35 �Y//Y(13d 51038' Y{'��'iFL£' 1135� X ) 0oGCNa 341 WW1 JS' • _mom: — YlS 1dAT } ;281 7:11 Li 00a.LSE_ mI .13 ¥ gid %§ 00+13L£V1s31HaLm J( k @ 00 #Ev2 3, @aw Department of Trans •�\ • 00'35.313V IrIS /cat • OTOOL .13 o 5 00'05495 Ida oO40'CM 314lH3 / %k / 00.08£ VIS 3NI1&». 9 V1S 14n & 1 V Department o/ Trans ;§ 1 ||||: em m ,N * \ 2 Oa- kms % «" " — } 1 ■ � em+VIS 3N1,@aII QUWED BY TXDOi) $ IF; -PROP, 5' SIDEWALK TYP 0040s, V 3 }m a 4� g. P. p.. g 00.PC VIS 3NI1 HDlvn 2. et 4 i a 4 4g3g 29 Nb .-• wia3H "7" o NW - rro'u •uixa 00•0t VIS 31 01 HO1" 1. g s s @ o o0 Q } D- :—.1"- M\ - 9 9 1 N3113AYd'152%3 HJiYY1 00'01.9£9 Yls ldh u 00.4£10 1/15 3NI1 H31VPI rol iSOBLL •'l3 0106•4> Y15 IdA 7 " "qo'&•Zri vis �3an t 0 0 ra- rn a 9 C h (ATTACHMENT "G") TxDOT BETTERMENT CALCULATIONS Account Number: ROW CSJ: 2211-02-020 CCSJ: 2211-02-015 County: Williamson HWY #: FM 1460 From: North of Old Settlers To: 0.4 miles North of US 79 Relocation/ City of Round Rock Water and Wastewater BETTERMENT ESTIMATE: Non -Betterment Qty Non -Betterment MOBILIZATION $52,286.80 1 $52,286.80 $52,286.80 TESTING 100 1 $3,000.00 $3,000.00 JACKING OR BORING PIPE (18 IN) (STEEL) $12,000.00 200 $500.00 $100,000.00 JACKING OR BORING PIPE (24 IN) (STEEL) 125 100 $650.00 $65,000.00 JACKING OR BORING PIPE (30 IN) (STEEL) $9,075.00 90 $900.00 $81,000.00 ENCASEMENT PIPE (18 IN) (SPLIT) 5 60 $200.00 $12,000.00 ENCASEMENT PIPE (24 IN) (SPLIT) $5,000.00 50 $300.00 $15,000.00 TRENCH EXCAVATION PROTECTION 1 2166 $2.00 $4,332.00 PIPE (6 IN) (DUCTILE IRON) (WATER) $6,000.00 125 $45.00 $5,625.00 PIPE (8 IN) (C-900 DR -14) (WATER) 1 285 $50.00 $14,250.00 PIPE (12 IN) (C-900 DR -14) (WATER) 165 $55.00 $9,075.00 PIPE (16 IN) (CL 200) (DUCT IRON) (WATER) 1423 $75.00 $106,725.00 DUCTILE IRON FITTINGS (WATER) 6 $4,000.00 $24,000.00 VALVE (6 IN) (GATE) (FIRE HYDRANT) 5 $1,600.00 $8,000.00 VALVE (8 IN) (GATE) 4 $1,700.00 $6,800.00 VALVE (16 IN) (GATE) 1 $5,000.00 $5,000.00 VALVE (12 IN) (TAPPING) 1 $3,500.00 $3,500.00 VALVE (16 IN) (TAPPING) 3 $5,500.00 $16,500.00 TAPPING SLEEVE & VALVE (16 IN X 12 IN) 1 $4,000.00 $4,000.00 TAPPING SLEEVE & VALVE (16 IN X 16 IN) 3 $5,000.00 $15,000.00 TAPPING SLEEVE & VALVE (24 IN X 6 IN) 1 $6,000.00 $6,000.00 AIR RELEASE & VACUUM VALVE (2 IN) 1 $2,750.00 $2,750.00 FIRE HYDRANT 5 $2,200.00 $11,000.00 FIRE HYDRANT (TRANSFER LEAD) 1 $800.00 $800.00 Materials and Labor Total Engineering Total Total Estimate $571,643.80 $119,120.00 $690,763.80 Estimate With Betterment Qty Estimate With Betterment 1 $52,286.80 1 $3,000.00 200 $100,000.00 100 $65,000.00 90 $81,000.00 60 $12,000.00 50 $15,000.00 2166 $4,332.00 125 $5,625.00 285 $14,250.00 165 $9,075.00 1423 $106,725.00 6 $24,000.00 5 $8,000.00 4 $6,800.00 1 $5,000.00 1 $3,500.00 3 $16,500.00 1 $4,000.00 3 $15,000.00 1 $6,000.00 1 $2,750.00 5 $11,000.00 1 $800.00 $571,643.80 $119,120.00 $690,763.80 Betterment Estimation $690,763.80 NON BETTERMENT ESTIMATE: Non -Betterment Estimate $690,763.80 BETTERMENT RATIO: Non -Betterment Betterment BETTERMENT RATIO: _ $690,763.80 $690,763.80 0.00% Estimate with Betterment $ 690,763.80 Betterment ratio * 0.00% Betterment Estimate $ $690,763.80 _ $0.00 $690,763.80 Betterment Estimation Reimbursable Estimate Non Betterment Eligibility Ratio * Estimated Reimbursement $690,763.80 $690,763.80 69.76% 481,876.83 1 of 1 EXAMPLE ONLY ATTACHMENT "H" Proof of Property Interest (Revised October 16, 2007) TE OF TEXAS AMSON Parcel 33 PUBLIC UTILITY BASEMENT § KNOW ALL BY THESE PRESENTS: ALLIN a/k/a RUDOLPH G. WALLIN and wife, DORIS ccessors and assigns, hereinafter referred to ne or more), for and in consideration of the 0 ($10.00) Dollars cash in hand paid and other consideration paid to Grantor by the CITY OF unicipal corporation hereinafter referred to whish consideration is hereby acknowledged, D, and by these premises does hereby Grantee a perpetual easement and right - above and across the below -described WALL as Gr sum of good an ROUND ROC as Grantee, r has GRANTED, GRANT, SELL of -way in, on, property: TRACT I: Easement Estate more or less, ou No. 173, William particularly descri made a part hereof. TRACT II: Easement Estate only in more or less, out of the No. 173, Williamson County particularly described in Exh made a part hereof. o 0.492 of an acre of land, ILLIS DONAHO SURVEY, ABSTRACT ounty, -xas, and being more in Exh'attached hereto and of an acre of land, O SURVEY, ABSTRACT and being more ttached hereto and The perpetual easement, right -of herein granted shall be used for placement, relocation, construction, maintenance, alteration, repair, rebuilding any or all public utilities, including lines, electric lines, wastewater lines, wat stormwater lines, and drainage systems and st all other public utilities deemed necessary b with all necessary conduits, valves, vaults, ma and appurtenances. is and privileges of location, enlargement, and patrol of ted to gas wer lines, d any and ogether lators The perpetual easement, right-of-way, rights herein granted shall also encompass the right of Gran cut, fell and remove therefrom all trees, underbrush, c. Vrn+n4a oa s7a. xvaiby 1 es m, OF TEXAS AMSON 2001074554 8 pg s Parcel 5 CLIC UTXLI! EASEMENT § KNOW ALL BY THESE PRESENTS: D, Ltd., a Texas Limited Partnership, and its s, hereinafter referred to as Grantor (whether in consideration of the sum of Ten and No/100 ash in hand paid and other good and valuable to Grantor by the CITY OF ROUND ROCK, TEXAS, a hereinafter referred to as Grantee, receipt is hereby acknowledged, has GRANTED, SOLD premises does hereby GRANT, SELL and etual easement and right-of-way in, on, ss the below -described property: succ one or ($10.0 considerat municipal of which con and CONVEYED CONVEY unto over, upon, above Easement Est more or less ABSTRACT No. more particular hereto and made a and to 0.246 of an acre of land, George Glasscock SURVEY, County, Texas, and being ed in Exhibit "A" attached ereof. . Parcel The perpetual easement, r herein granted shall be placement, relocation, co maintenance, alteration, repa any or all public utilities, lines, electric lines, wastewater stormwater lines, and drainage sy all other public utilities deemed with all necessary conduits, valves, and appurtenances. y, rights and privileges purposes of location, operation, enlargement, ding, removal and patrol of ut not limited to gas ter lines, sewer lines, structures, and any and Grantee, together holes, ventilators The perpetual easement, right -of - herein granted shall also encompass the ri cut, fell and remove therefrom all trees, and obstructions, structures or obstacles right-of-way; reserving to the landowners assigns, however, all such rights and privil without interfering with or abridging the ri herein acquired by Grantee. and privileges ntee to trim, vegetation, its of the eirs and be used sement Grantee hereby covenants and agrees: (a) Grantee shall not fence the Easement; ::OTWOMORLnCX\41,\iDiii\LYixAV1AAMjPAi\CR117COG\C»(CAI.iL`:OTHl.RT0\1J6J76.wilVlk4 OF TEXAS THA REF 0 CREEK AND CONE HAVE TH MEADOWS OF ADDRESS 18 OPERATION, STRUCTURES IN, N 2000004943 5 ID s WATER EASEMENT } } KNOW ALL BY THESE PRESENTS; } Parcel 5 LTD., ACTING HEREIN BY AND THROUGH DAVID .I TROTTER, BEING HEREAFTER S, FOR AND IN CONSIDERATION OF THE SUM OF TEN DOLLARS (S10.00) AND CONSIDERATION, TO GRANTORS N HAND PAID BY MEADOWS OF CHANDLER T, THE RECEIPT AND SUFFICIENCY WHICH IS HERESY ACKNOWLEDGED H NO LEN OR ENCUMBRANCE, EXPRESSED OR LPL.ED, IS RETAINED, ONVEYED AND BY THESE PRESENT DO GRANT AND CONVEY UNTO AL UTILITY DISTRICT, cb ST ENVIRONMENTAL SERVICES, WHOSE BLVD., AUSTIN, TX 78758; AN EASEMENT FOR THE CONSTRUCTION, , UPGRADE, AND REPAIR OF WATER UNE IMPROVEMENTS AND SS THE FOLLOWING DESCRIBED LAID, TO -WMT: ALL THAT 0.392 ac CE COUNTY OF PART HEREOF FOR ALL DESCRIPTION OF SAID PROP OR PARCEL OF LAND, LYMIG AND BEING SITUATED IN THE ESCRIBED IN EXHIBIT'A' ATTACHED HERETO AND MADE A CH REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR TO HAVE AND TO HOLD THE UTILITY DISTRICT ANO rrs SUC TIMES TO ENTER SAID P OPERATING, MAINTAINING, REPLA FOR MAKING CONNECTIONS THE Y T • THE MEADOWS OF CHANDLER CREEK MUNICIPAL TOGETHER WITH THE PRNILEGE AT ANY AND ALL REOF, FOR THE PURPOSE OF CONSTRUCTING, AND REPAIRING SAID WATER IMPROVEMENTS, AND IN INTIVESS THEREOF GRANTORS HA , CAUSED T DAY OF J 107 , 2000. G BY: THE STATE OF COUNTY OF MENT TO BE EXECUTED ON THIS II f- of er-V. t? } } } ACKNOW KNOW ALL MEN BY THE BEFORE ME, THE UNDERSIGNED, A NOTARY PUBUC IN AND F PERSONALLY APPEARED DAVID J. TROTTER, KNOWN TO ME T SUBSCRIBED TO THE FOREGOING INSTRUMENT AND SHE ACKNO THE SAME FOR THE PURPOSE AND CONSIDERATIONS THESE GIVEN UNDER MY HAND AND SEAL OF OFFICE, ON THIS THEZ? DAY OF STATE, ON THIS DAY WHOSE NAME IS THAT HE EXECUTED NOTARY PUBLL_ MY COMMISSION EXPIRES ON l o%lf a... NLVISTIAUOWYLEAS1 WPO 2000,R.D THA G TEN BY THE WHICH DO GRANT EASEMENT FOR OF WATER LIE LAND, TO -WIT. OF TEXAS } } } 2000004942 5 In S WATER EASEMENT ' PN1880" KNOW ALL BY THESE PRESENTS; Parcel A LAND & CONSTRUCTION, LTD., ACTING HEREIN BY AND THROUGH JAMES REFERRED TO AS GRANTORS. FOR AND W CONSIDERATION OF THE SUM OF GOOD AND VALUABLE CONSIDERATION, TO GRANTORS IN HAND PAID R CREEK MUNICPAL UTILITY DISTRICT, THE RECEIPT AND SUFFICIENCY ED AND CONFESSED, AND FOR WHICH NO LIEN OR ENCUMBRANCE, , HAVE THIS DAY GRANTED AND CONVEYED AND BY THESE PRESENT MEADOWS OF CHANDLER CREEK MUNICPAL UTILITY DISTRICT, c/o ST WHOSE ADDRESS IS 2809 LONGHORN BLVD . AUSTIN, TEXAS, 78758; AN OPERATION, MAINTENANCE, REPLACEMENT. UPGRADE, AND REPAIR STRUCTURES IN. UPON, AND ACROSS THE FOLLOWING DESCRIBED ALL THAT 0.320 ac CE COUNTY OF WIWAMSON, PART HEREOF FOR ALL PU DESCRIPTION OF SAID PROP TO HAVE AND TO HOLD THE UTILITY DISTRICT AND ITS SUCCES TIMES TO ENTER SAID PREMISES, OPERATING. MAINTAINING, REPLACIN FOR MAKING CONNECTIONS THERE OR PARCEL OF LAND, LYING AND BEING SITUATED IN THE . DESCRIBED IN EXHIBIT W ATTACHED HERETO AND MADE A REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR IN WITNESS THEREOF GR4NTORS HAVE CAU 2-5 ~DAY OF Spa ,2000 GRANTORS - BY: E MEADOWS OF CHANDLER CREEK MUNICIPAL S, TOGETHER WITH THE PRIVILEGE AT ANY AND ALL THEREOF, FOR THE PURPOSE OF CONSTRUCTING, !NG, AN . .AIRING SAID WATER IMPROVEMENTS, AND TO BE EXECUTED ON THIS L%•irspr Nor S Lp 4o ACKNOWLED THE STATE OF KNOW ALL MEN BY COUNTY OF } BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR �l! STATE, ON THIS DAY PERSONALLY APPEARED JAMES GIDDENS, KNOWN TO ME TO WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND SHE ACKNO 1 • ` • T HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATIONS THESE EXPR GIVEN UNDER MY HAND AND SEAL. OF OFFICE, ON THIS THEd5 DAY OF ,_tom 2000,A.D. NOTARY PUBLIC U MY COMMISSION EXPIRES ON 2/2J0 3 a a consid ccnv above, Grantor: DOC* 9633046 Parcel C WATER LINE EASEMENT b ATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: OF WILLIAMSON s handler Creek Land, etd., a Texas limited partnership, s and assigns ;herein called Grantor), for a good ideration paid by the CiLy of Round Rock, Texas, oration ;herein called Grantee), receipt cf which eby acknowledged, does hereby Grant, Sell, and an easement and right-of-way in, upon, over, lc, ross the following described property of See for perta approxim part of Chandler No. 9529 Texas. attached hereto and made a part hereof and purposes hereunto and in any w_se q a strip cf lane containi.ng 1 aches of land, more or less, being a acre tract of lard conveyed to . by deed recorded as Document eed Records cf Williamson County, This conveya conditions and rest described property, same may sill be i. office of the County d aed accepted subject to any and all if .y, relating Lo the hereinabcve d only to t.t•e exr.er_L, LhaL Lie ffcct, shown of record iri tie lliamson County, Texas. The right-of-way, a -.meet, granted shall be used f. the pe operating, en.laraing, repai replacing, relocating, and re with all necessary conduits, and appurtenances. Except as otherw_se noted, herein- granted stall be perpetual easement, rights, and privileges sh iri the event the said pipeline is used, for a period of five (5) con bands itself, its assigns, successors warrant and Forever Defend the above -des unto Grantee, its successors, and ass whensoever lawfully claiming or to c thereof. r s, and privileges herein f placing, constructing, irtaining, rebuilding, r transmission pipeline s, manholes, vent_latcrs , rights and privileges d however, that said and revert to Granter or shall cease to be rs. Grarlor hereby epresenta::eves to sement and rights inst. every person e or any part The easement, rights, and privilege herein are exclusive, and Granter covenants that it wil R • \RASIM:.al .RYE iC lb v any ether D8 TEXAS .,..,.._,7.....•,: . 136? f637 . di-e..Parcel 10 Jv4 Of TMs or N'1LUANJ * . MY1i/1M71T 206.56 obit ALL 1111 IT THOU IMISSN7s 1 a Joint Vesture by and between 144 Phillips/Copes. las. ► tla R ity Company baiiiaaftsr reformed to as . l.. cossiderstioa of tha sun of ono dollar (11.00) mask ii baud City of Mound lock. 'Taigas. the raosipt of which is 1 sad the further consideration of the hematite to be. om the public -utilities through the premises bsreinatter doper . j GRANTED and COMM. and•by those protests does hereby as. �• " k o the City of Mound Rock. Taigas, a municipal corporation. ane t tact and perpetually maintain public utilities in, upon and acro• th o11 in described lead. to vitt sad ins de s • tbs f is triton' root. parcel or risco of land. lying he County of Nilliaason. state of IT •A". attacbod hereto and made pertinent purposes. to which reference ■ more particular description of said TO Wt* AND TO NQ,D its successors end all times. to enter a constructing and saints r tberevithg all upon the all tiles after doing any or rapids of said public 0 condition in shish son was Man= in Harris and T of nal to the City of hound Mock. Teams. and de ith the right sad privilege at say and s part thareot. for the purpose of io atilitiaa and for baking connections on t the City of Mound hook. Tomas. will at commotion the coastrueticn. maintenance . root* surface of the promises to the mad before h vas undostabea. a v 1 be At ea this the // day . a Joint Tooter, by and Mips/ Copus. Ice. and Company MTt 4111 'TS "fFf ,a .a. .. BIS r �Altaa ReaTr4Pipqr y artner .. Patton: t Yt • ,' t 1 • wow omits eiwAltecet BOOM tstta"a c :1 PUBLIC UTILITY EASEMENT 43793 at Chandler r City of Round Rock Venture : Grantee r Tessa cor cons BELL AN upon an Parcel 12 41271.425____ s : SNOW ALL MEN BY ?HERE PRESENTS ON t ows at Chandler Creek Joint Venture, rantor (whether one -or more), for a good and ideration paid by the City of Round Rock, Main, Round Rock, Texas, a municipal in called Grantee, receipt of which ereby acknowledged, does hereby GRANT, to rantee an easement and right-of-way e f . ing described property of Grantor: tract, piece or parcel of land, lying ed in the County of Williamson, State n EXHIBIT •A• attached hereto and r all purposes, to which reference particular description of said All and of Texa made a is hare property. The right herein granted s constructing, oper rebuilding, replaci sewer lines, and an necessary by Grantee, together valves, vaults, manholes, ven TO HAVE AND TO HOLthe right-of-way in and to aid ingress and egress theret•, the usual rights thereto in anywis of Round Rock and its succ Grantor does hereby bind its assigns to WARRANT AND FOREVER U said premises unto the City of and assigns, against every claiming or to claim the same or t, rights, and privileges for the purpose of placing, larging, repairing, maintaining, orating a removing water lines, nd all ot ; bile utilities deemed ith a'1 necessary conduits, d appurtenances. scribed easement and with the right of with ell and singular onginq, unto the City igns forever. And ex ut ia, •dainiatrators and and singular, the k, -its successors omsoever lawfully of. The easement, rights, and privil exclusive, and Grantor convenants t any other easement or conflicting rig covered by this grant, without the of Grantee, which consent shall withheld. herein are 1 not convey e premises n consent easonably Grantor shall not erect or constru other structure, or.drill or operate any any reservoir, or other obstruction on diminish or substantially add to the groun pipelines. ng or ruct or he EXECUTED this/OZX day of OFFICIAL RECORDS waumnio,, coumpe TamA• Bys Eye J Daniel lea Saving and Loan A Parcel 10 dove at Chandler k Joint Venture f City of Round lock ��- Grantee PUBLIC UTILITY EASEMENT 31S43 1011232po 5'77 fi Grant does right ANSON 1 1 KNOW ALL NEW RY TUSK PRESENTS 1 al/ s at Chandler Creek Joint Venture herein called r one or more), for a good and valuable paid by the City of Round Rock, Texas, 214 E. ock, Texas, a municipal corporation, herein called t of which consideration is hereby acknowledged. SELL, AND CONVEY unto Grantee an ea•eeent and ad across the following property of Grantor: act, piece or parcel of land, lying in the County of Williamson, State ed in EIRIBIT "A" attached hereto and eof for all purposes, -to which reference f r re particular description of said pa The right granted shall b op ing, enl replacing, reloca any end all other together With all se ventilators and appu rights, and privileges herein pose of placing, constructing, ring, maintaining, rebuilding. wing water lines, sever lines, and eLlLties deemed necessary by Creates, y condui vatvea, vaults, manholes, antes. TO HAVE AND TO ROLD right-of-way in and to sal and egress thereto, to rights thereto in anywise and its successors and as bind its executors, admin FOREVER DEPEND, all and sing of Round Rock, its successors and whomsoever lawfully claiming o thereof. described easement and ith the right of ingress 1 and singular the usual o the City of Round Rock And Grantor does hereby assigns to WARRANT AND premises unto the City against every person the name or any part The easement, rights, and exclusive, and Grantor convenants t other esaement or conflicting rights by this grant, without the express which con•eet shall not be unrea.onabl Grantor shall not erect or const structure, or drill or operate any we reservoir, or other obstruction on th substantially add to the ground corer over ranted herein are 11 not convey any • premises covered ns at of Grantee, EXECUTED this oFFMAL R600ROa wr.wM•ON SWIM Taman day of i ding or other struct any diainsb or 85. e MEADOWS CREEK J BY: NY: R and u described owned by Gran P.A. de ! ON• STATE OF TEXAS, OF WTLLIAMMO(' LAND, LTD. amson c»unty, Texas Parcel 13 KNOW ALL MEN BY THESE PRESENTS: DOC* 9746090 , in consideration of the sum of ($1.00) and other good and valuable consideration receipt of which is hereby acknowledged, do by sell and convey unto to city of Round Rock, Texas , the free City •f Round Rock, Texas BEING a 1 297 in the City of conveyed by Americ Land, Ltd., by deed re County, Texas and being BEGINNING at a of -way), said point also be Section 8, an addition to the 9742957 of the Plat Records of THENCE S. 81°23'00" F.. point for comer, said point being direction and having a central angle of 00°20' S. 05°16'08"; THENCE along said curve 17.22 THENCE N. 84°54'14" W., 10.00 tangent curve to the left running in a norther a radius of 2864.84 feet and a chord bearing o THENCE along said curve, and running p east line of F.M. Road No. 1460. 17.82 feet to the feet of land. y and privilege of the passage in, along, upon and across the following ated in willianwon County, Texas, in the Survey, Abstract No. 297 LUSIVF. PUBLIC mar EASEMENT land situated in the P.A. Ilolder Survey, Abstract No. ison County, 'i'cxas and being part of a tract of land as ty Investment Corporation, a Texas Corporation, to Cameo 2491, Page 303 of the Deed Records of Williamson described as follows: li F.M. Road No. 1460 (a variable width right - of Lot 1, Block "A" of Chandler Creek ock as recorded in County Clerk's File No. ounty, Texas; nth line of said Lot 1, Block "A" to a e to the Ieft running in a southerly 2854.84 feet and a chord bearing of eet along t a non -tan d curve, a point for corner; for corner, said point being in a non- aving a central angle of 00°21'23" being 10.00 feet from the said ing and containing 175 square Grantor reserves and excepts from this conveyan Utility Easement created herein for utility and/o any adjoining property owned by Grantor, its successor This Non-exclusive Public Utility Easement is for th maintaining a nater line. across said premises, with the right and privilege at all times of the employees, workmen and representatives having ingress, egress, and regress premises for the purpose of making additions to, improvements on and repairs any part thereof. Grantee agrees to repair and restore the surfa following cattpletion of construction and all maintenance perfo 7,4 TO HAVE AN!) TO HOLD unto the said Grantee the purposes aforesaid the premises above described. use the Public ion that benefits tn oand along, upan an or its agents, d across said Witness my hand ;sx ,., Vj,V1VVTall •,Vtt 40AIVttV4 W?W •. - • remises, ter line. 'd for , this the /q(NG•, day of October by . . I., L,o L d. ••�..'t.i'i•�'vi .i _yy�?o.rAWW4w.rit;7 11111 • of to as c$1.00) eneumbr by these corporation sl eonmtruetlon propetrIy. to-wi x336. PUBLIC DTIUTZ BASEMENT Parcel D & E 43795 KNOW ALL MEN BY THESE PRESENTS: we at Chandler Creek Joint Venture, a John Venture Composed rated, and Peoples Mortgage Company hereinafter referred more, far and In consideration of the sum of One Dollar nd acknowledged and confessed and for which no lien or mplled, is retained, have this day Granted and Conveyed, and rant and Convey, unto the City of Round Rock, a municipal ty of Williamson, State of Texas, an easement for the public utilities in, upon and across the following described be Tex made here m property TO HAVE Rook and Its successors a times to enter said premises, maintaining said public utility condition that the City of Round with the eorotruotion a repair premises to the condition in which e or parcel of land, lying and County of Williamson. State of EXHIBIT "A" attached hereto and 1 purposes. to which reference is particular description of said perpetually to the City of Round the right and privilege at any and all . for the purpose of constructing and making eonneetions therewith; all upon the t all tines ter doing any work in conneotion public utili es restore the surface of said same was t• be ore such work was undertaken. 111 WITNESS WHEREOF, Gr this 29th day of Octo OfFIDUA RECORDS vmuussesom pournn raw* used this instrument to be • �• 1 1• I Parcel 19 •• ..:.._ & 21 PUBLIC UTILITY IA8EMUT Ts of TERAS: 31850 MSON: KNOW ALL MBK BY TIM PRESENT& VOL 1232m 613 Mike Murray and Bruce Taylor. Owners, of the County of tsifliamson Inafter referred to as Grantors, whether one or more, for and in of One Dollar ($1.80) cash to Granters to hand acknowledged Mob no Lien ar eneumhranoe expressed or Implied, is retained, Conveyed. and by these presents do Grant and Convey, unto situated in the County of Williamson, State of Texas. an easement matntenanee of publio utilities in, upon and across the following to -wit; • ha the • for descri tain tract, piece ar pared of land, lying and ted the County of Willisisioa, State of EXHIBIT "A" attached hereto and all purposes, to which reference is a more particular description of said Rock and its s times to enter said maintaining said publie condition that the City with the eonstruction or premises to the condition HOLD the same perpetually to the City of Round opting with the right and privilege at any and all ereof, for the purpose of eoostrueting and king connection therewith; all upon the alt times after doing any work In .eonneetton bile utility lines restore the surface of said me was found before such work was undertaken. IN WITNESS executed on this •2. 9- day UAL MUMS wwMMaoss puuslotmM BOF, 0 ve cawed this instrument to be 985. A.D. • A TE OF TEXAS: vot 1232F, 609 PUBLIC DmJTY EASEMENT 31849 AMSON: KNOW ALL MEN BY TERSE PRESENT& t, Lewis Bremer, Owner, of the Comity of Williamson and State of to as Grantors, whether one or more, for end is consideration 01.00) cash to Grantors in hand acknowledged and confessed or encumbrance esprassed or Implied, 1s retained, have this day ad by these presents do Grant and Convey, unto the City of the County of Williamson, State of Texas, an easement for the tenenee of pubik utilities in. upon and across the following described Parcel 22 rtain treet, piece or parcel of land, lying and ted in the County of Williamson, State of is EXHIBIT we attached hereto and all purposes, to which reference Is more particular description of said Rock end its su times to enter said maintaining said pubii oondition that the Cit with the construction premises to the condition BOLD the some perpetually to the City of Round together with the right and privilege at any and all part thereof. for the purpose of constructing and making connections therewith; all upon the all times after doing tiny work in connection is utility lines restore the surface of said me was found before such work was undertaken. F. Gran have caused this Instrument to be 1985, A.D. IN WITH executed on this .2) da STATE OF TEXAS: COUNTY OF WILLIAMSON: ACENOWL BEFORE 1 '^' .. a Notary Pubiie in and for said County and State, on this day .. Is Bremer, known to me to be the person whose name is subscribed f.v ,••!� instrument and he acknowledged to me that he executed the same inW e act and deed of said corporation, for the purposes and considerations GIVEN UNDER MY HAND AND SEA day of 1985, A.D. yIs v" �(�,.. Notary Public is and f •iTr1'T . My Commission Expires: "Iiir on this the Texas • OFFICIAL RELOADS Ibillureod nit MINAS TE OF 'TEXAS: OF ! MSON: Parcel 24 PUBLIC WWI RASBHENT 3 irn 1232 ;f 605 . ALL MHN BY TERSE PRESENTS: t, Jacek C. Campbell, Hannan WWI ms, sad Lloyd Standee, Owners, moon aM State of Texas hereinafter referred 10 as Grantors, or and in eonsideration of the sum of One Ddllar (SIAM wash to ledged and oonfessed and for which no Han or encumbrance atalned, have this day Granted and Conveyed, and by these vey, unto the City of Round Roek, situated in the County of an easement for the eonatraction and maintenance of public Dross the following described property, to -wit; in tract, piece or parcel of land, lying and ed In the County of Williamson, State of EXHIBIT 'A' attached hereto and all purposes, to whleh refarenoe is ore particular description of said • pr -' nts • Willis . utillti TO Rock and its sueo times to enter said maintaining said public condition that the City with the construction or premises to the eonditlon HOLD the same perpetually to the City of Round °gather with the right and privilege at any and all part thereof. for the purpose of °onatruoting and f•; eking oonneetions therewith; all upon the times after doing any work in connection utility lines restore the surface of said was found before such work was undertaken. ve caused thio instrument to be 985, A.D. IN WITNESS executed on this da own noun onswaseost'&wpm TWO -44 • PtC! 600 TEXA& and (Rate considers and have this the City d for the mat described PUBLIC i17UdTY SABt MU? 31847 KNOW ALL MEN BY THESE PRESENT& Rhodes and R. Ishmael, Owners, of the County of Williamson referred to as Grantors, whether one or more. for and in Dolor (SLIM sash to Grantors In hand aeknowjedged Uen or eneumbranee ■xpreaeed or implied. Is retained, ed, and by these presents do Grant and Convey. unto in the County of Williamson. State of Texas, an esses►ent nanoe of publie utilities In, upon and aerate the following Tex made here proper et, piece or parcel of and. lying and the County of Williamson. State of "A" attached hereto and es. to which referent is ieular description of said TO HAVE Reek and its successors times to eater said premises, maintaining said public utility condition that the City of R with the eonstruetion or repair premises to the condition in whleh Or■ntoro hereby ■ pride, lot end to mover any or all the same perpetually to the City of Round with the right and privilege et any and all fifor the purpose of eonstrueting and 'inactions therewith; all upon the after doing any work In eonneotion lines restore the "sties of said found before sueh work was undertaken. right to acid surfed fin >1711111111 WHEREOF. Grant assented en this day d MOM SWUM imummulaselltsuserc mute or all of said easement as halt paving. this instrument to be Parcel 25 & 26 • Parcel 28 & 29 PUBLIC UTILITY EASEMENT STATE OF COUNTY OF WI That Round one or more), fo of Round Rook, corporation, and Utilities El+datrio Grantee (;isther on hereby a►sb owledged, Grantee an easement descri_'cad property of All that certain tra being situated in the described in EXHIBIT hereof for all .purpo for more particular deicer 19943 city $ TexasRound Power& Light Co., A Division of Texas Utilities t Electric Company, t JI Texas Cornoratio0 t Grantee IQEOW ALL KEN BY THESE PRESENTS no., herein Called Grantor (whether le consideration paid by the.City aln, Round Rock, Texas, a municipal i Light Co., a Division of Texas Texas Corporation, herein called 'receipt of which consideration ie GRANT, SELL, AND CONVEY unto y upon and across the following el of lliamson, hereto ioh ref on of mai The right-of-way, easement, righ shall be used for the purpose o enlarging, repairieg, maintaining and removing water lines, and all necessary appurtenances. TO HAVE AND TO HOLD the abov right-of-way in and to said premises w egress thereto, together with all thereto in anywise belonging, unto the Power i Light Co., and their succes Grantor does hereby bind its executors, to WARRANT AND FOREVER DEFEND, all and s unto the city of Round Rock and Texas successors and assigns, against every pe claiming or to claim the same or any part The easement, rights, and privileges exclusive, and Grantor covenants that he will easement or conflicting rights within the premi grant, without the express written consent of Gra shall not be unreasonably withheld. land, lying and State of Texas and made a part ce is here made rty leges herein granted truoting, operating, *placing, relocating lines, together with gr ed easement and t of ingress and the usual rights and Rock and Texas forever. And and assigns id premises t Co., their lawfully Grantor shall not erect or construct any bui structure, or drill or operate any well, or construct or other obstruction on the strip, or diminish or subs to the ground oover over the pipelines. EUECCTED this , ,day of .-I-Y1424,-, 198s. ROUNDdROCK digco., INC. lises �TFICEAI< RECOIDI IMILCIAMION fZOVIITT mut n ars other this ant BERTIL TELANDER, PRESIDENT 4 a Taxa herein acknow water!i the follow) A11 t being s descrl hereof f for more pa The right -of shall be used enlarging, repair! and removing water Grantee. together manholes. ventilators AS WATERLINE/WASTEWATER LINE EASEMENT City of Round Rock s Grantee moz . KNOW ALL NEN BY THESE PRESENTS LiAMSON herein ceded Grantor (whether one or more). for onsfderation paid by the City of Round Rock. n, Round Rock. Texas. s municipal corporation. receipt of which consideration Is hereby GRANT, SELL, AND CONVEY unto Grantee • easement and right-of-way upon and across arty of Grantors TO HAVE AND TO HOLD in and to said premises together will ail and belonging. unto the City o forever. And Grantor does and assigns to WARRANT AND F Promises unto the City of .against every person whomsoever same or any part thereof. tract. piece or parcel of land. lying and the County of Williamson. State of Texas "A" attached hereto end made apart es, to which reference is here made cription of said property. tghts. and privileges herein granted se of placing. constructing. operating ping. rebuilding, replacing, relocating er !Ines. and deemed necessary by essary conducts. valves, vaults. nces. easement end right-of-way of Ingress and egress thereto usual rights thereto in anywise ck and its successors and assigns bind it xecutors. administrators R DEFEND e 1 and singular, the said d Rock its $ .cessors and assigns, lawf y of ing or to claim the The easement. rights. - e granted herein are exclusive. and Grantor covenants -t - w I not convey any other easement or conflicting rights wit in the ses covered by this grant, without the express written of antes, which consent shall not be unreasonably withheld. Grantor shall not erect or const structure. or drill or operate any wel or other obstruction of the strip. or to the ground cover over the pipelines. . in addtfon to the easement. rights. conveyed. Grantee shall have the right construction easement so much of the surface may be rason•blynecessary to construct right-of-way granted hereby the facilities e grants but In no event shall the temporary const In excess of that described and depicted on hereto. EXECUTED this Q1 day of State of Texas County of Wiilfancon Thi instrument we acknowledged before* me on the of .1986. by 0. Jorylson. building or other truct any reservoir. stantfally add G. JOHNSON No+li"y Public. St nted Names My commission expires. Want RRCD1 $ wasUAISINXI swam naPa loges herein temporary roperty es fthfn the by this nt be tached rcel 31 • FIRST SUPPLEMENT TO AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT ARTICLE I This is the first supplement (the "First Supplement") to that certain contract entitled "Agreement Between the City of Round Rock and The Meadows at Chandler Creek Municipal Utility District" which was first executed on May 10, 1984 and subsequently re -executed on June 26, 1986 (the "1984 Agreement"). Reference is made to the 1984 Agreement for all purposes. This First Supplement is between The Meadows at Chandler Creek Municipal Utility District (the "District") and the City of Round Rock (the "City") and is amendatory of and supplementary to the 1984 Agreement and does not repeal or supersede the 1984 Agreement or any part thereof, except as expressly provided herein. ARTICLE II 1. Paragraph 1 of the 1984 Agreement is amended to read as follows: "1. The City agrees to sell and to deliver water within the boundaries of the District for domestic and commercial uses, such water to be supplied from the City's water distribution system as extended by the -District pursuant to the Construction Contract. "Water" as used in this section means potable water meeting the requirements of the Texas Department of Health for human consumption and other domestic uses. The City presently has an adequate water supply to supply service to the District. Subject to the City's right to reasonably limit the supply of water to the District residents on the same basis and to the same extent as the supply of water "4. The City agrees to receive, treat, collect and dispose of sewage generated within the boundaries of the District, such sewage to be collected into the City's sanitary sewer trunk line as extended by the District pursuant to the Utility Construction Contract. Subject to the City's right to reasonably limit the amount of sewage received from the District on the same basis and to the same extent as sewage received from any other customer within the City, the City agrees to receive, treat, collect and dispose of sewage generated within the District and in amounts sufficient to serve the District as it develops with a total of 2506 living unit equivalents of wastewater service rights to ultimately be provided to the District when it is fully developed. The District agrees to provide the City periodic projections of its development needs to assist the City in its planning to provide the District this wastewater service. The District agrees that the City will be the sole source of sewage treatment service to the District and that the District will not seek to construct its own treatment facilities, except in the event the City is no longer able to provide sewage treatment service." 4. Paragraph 5 of the 1984 Agreement is amended to read as follows: "5. The City agrees to sell wastewater collection and treatment services to the Users within the boundaries of the District. The rates charged by the City to the District for such Users within the District for wastewater services pursuant to this agreement shall be the same as the wastewater rates which it charges its retail residential and commercial customers (with an equivalent sized meter) inside its city limits, as established from time to time, by the Round Rock City Council. The City shall not charge the District or the Users within the District any additional fee, assessment or other charge for wastewater received by the City that it does not charge its residential or commercial customers inside its city limits and shall not charge the District or the Users within the District any fee, assessment or other charge for wastewater received by the City as the functional equivalent of ad valorem property taxes which customers inside the city limits are required to pay. It is recognized that the City will collect on behalf of the District the fees described in Paragraph 7, below." 5. Paragraph 6 of the 1984 Agreement is amended to read as follows: "6.a. The City operate, manage, for the District defined below). shall bear all responsibility to maintain and repair at its expense all of the District Facilities (as b. For purposes of this Paragraph 6, the District Facilities shall include: (1) all water and wastewater facilities and related appurtenances located within public rights of way or dedicated easements within the District; (2) those certain water and wastewater facilities identified as Items Nos. 1-8, inclusive, of the Project as defined in the June 2, 1986 "Utility Construction Contract Between City of Round Rock, Texas - The Meadows at Chandler Creek Municipal Utility District"; and (3) all water and wastewater facilities within the District which the District may construct, purchase, own or operate inthe future and for which plans and specifications have been approved by the City. c. For purposes of this Paragraph 6, the responsibility of the .City for the operation, management, maintenance and repair of the District Facilities includes the responsibility for all costs of operation, management and maintenance of the District Facilities including, but not limited to, repairs, upkeep and replacements, costs of utilities, supervision, engineering, accounting, legal work, auditing, insurance and any other supplies, services, administrative costs and equipment necessary for the operation, management and maintenance of the District Facilities. d. Ownership of the District Facilities described in Subparagraph 6(b) shall remain in the District, which shall have the right to inspect them at all times. The City owns or has reserved the oversize capacity in specified portions of the District Facilities as set forth in the June 26, 1986 "Utility Construction Contract Between the City of Round Rock, Texas/The Meadows at Chandler Creek Municipal Utility District". 6. Paragraph 7 shall be amended to read as follows: "7. The District agrees to set and maintain water and wastewater rates and other fees and charges and levy and collect taxes, as appropriate, sufficient to pay the following: a. For water and wastewater services delivered by the City pursuant to this Agreement, an amount equal to the amount charged by the City for comparable Users within the City, as established from time to time, by the Round Rock City Council, all as more fully provided in Paragraphs 2 and 5, above. b. All other expenses of the District which the District determines from time to time to be necessary for the operation, maintenance and administration of the District and the provision of District services. c. Debt service on any indebtedness of the District, an amount as deemed appropriate by the Board of Directors of the District. The District, or the City upon the request of the District and pursuant to such terms and conditions as may be mutually agreed to by the parties, agrees to make water and wastewater connections in the District." I 7. Paragraph 8 shall be amended to read as follows: "8. The District agrees to supply the City with a copy of each action by the District setting the rates pursuant to Paragraph 7 within seven (7) days of such action. On behalf of the District, the City shall perform all services required to collect the rates referred to in Paragraph 7, above, directly from the Users, including the reading of meters, billing of Users, and collection of charges. The City may include a breakdown on the bill showing what portion of the bill is attributable to those items described in Subparagraphs 7(b) and (c), above. To the extent that additional items the District requests to be included on the bills pursuant to Subparagraphs 7(b) and (c), above, result in additional expense to the City, the District agrees to reimburse the City for any such additional actual costs associated with the computation, billing, collection and accounting for such items. Billings and payments will be rendered by the City to Users - 5 - in the District in substantial compliance with the procedures for comparable in -City customers established in the City of Round Rock ordinances, as now in effect or hereafter amended. The District and the City agree that the City shall act as the District's agent in the billing and collecting of such bilis and shall take all necessary action pursuant to applicable law to enforce payment of such bills." 8. Paragraph 9 shall be amended to read as follows: "9. The City will retain for its own account as payment of water, wastewater, fire protection and garbage services all money collected from the Users of the District pursuant to Paragraphs 7(a), 11, and 12. All other monies collected by the City on behalf of the District shall be remitted to the District's account for use by the District and shall be hereinafter referred to as "Net Revenues." 9. Exhibit "A" is deleted. ARTICLE III Except as otherwise expressly provided herein, the provisions of the 1984 Agreement shall remain in full force and effect. EXECUTED in multiple copies, each of which shall constitute an original, this Lz3 day of, bed- , 1991. CITY OF ROUND ROCK BY: Name: Title: Date: ATTEST: (SEAL) 6 /24 Mike Robinson Mayor September 23, ATTEST: Secretary (SEAL) THE MEADOWS AT CHANDLER CREEK MUNICIPAL UTILITY DISTRICT By: Name: , A5 /os ,D. A4sT ap Title: ,,,0 44,4 Date: ,./z4 ATTACHMENT "I" (To be used only for inclusion in Highway Construction Contract) 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 FM 1460 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. Utility: City of Round Rock By: Title: City Manager Date: CM. 09-03- 0S(