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CM-2016-1008 - 3/4/2016PENDING FINAL SIGNATURE FROM OTHER PARTY Texas Department of Transportation 7901 North IH 35 1 AUSTIN, TEXAS 78753 1 (512) 832-7000 1 WWW.TXDOT.GOV February 24, 2016 CSJ: 0015-09-173 RCSJ #: 0015-09-182 Highway: IH 35 From: US 79 To: SH 45N Travis County Mr. Jeff Bell City of Round Rock 221 East Main Street Round Rock, Texas 78664 Mr. Bell, This letter is to confirm our conversation regarding the conditions of the Standard Utility Agreement. The City of Round Rock owns an existing 12" waterline found to be in conflict with the proposed TxDOT roadway improvements on the 135 from US 79 to SH 45N project. Because the project is located within the interstate highway ROW, all costs associated with the waterline relocations are considered 100% reimbursable to the City of Round Rock. The City has agreed that TxDOT will fund and provide both the design and the construction of the waterline relocations. The waterline adjustment is to be joint bid, meaning that the TxDOT contractor is responsible for construction of the utility accommodations. City of Round Rock is not responsible for providing any funding to TxDOT for the relocation of the waterline. If you have any questions, please contact either Wayne Robinson at (512) 832-7169 or me at (512) 832-7372. We appreciate your time and consideration in this matter. Thank you, it- 011A� Elizabeth Ortego, P.E. District Utility Engineer Austin District OUR GOALS MAINTAIN A SAFE SYSTEM o ADDRESS CONGESTION - CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer rrn Form ROW -U-35 (Rev. 06/15) Page 1 District: Austin Federal Project No.: ROW CSJ: 0015-09-182 Highway Project Letting Date: 12/2/15 STANDARD UTILITY AGREEMENT U -Number: U14594 County: Williamson Highway: IH 35 From: US 79 To: SH 45N 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: Relocate 12 -inch waterline with casing, located parallel and north of McNeil Rd, to avoid proposed bridge foundations. Abandon existing waterline in place; 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. 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 all applicable federal and state laws, rules and regulations, including, without limitation, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. §§ 4601, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4231, et seq., the Buy America provisions of 23 U.S.C. § 313 and 23 CFR 635.410, the Utility Relocations, Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and with the Utility Accommodation provisions of 23 CFR 645, Subpart B. Utility shall 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 90 percent (90%) of the eligible cost as shown in each such Initial Date Initial Date TxDOT Utility �� t -2O/ /00? Form ROW -U-35 (Rev. 06/15) Page 2 billing. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. Alternatively, State agrees to pay Utility an agreed lump sum of $N/A as supported by the attached estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and/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 perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. The completion date shall be extended for delays caused by events outside Utility's control, including an event of Force Majeure, which shall include a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, sabotage, or other events, interference by the State or any other party with Utility's ability to proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof so that the causes or other events are beyond the control and without the fault or negligence of Utility. 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. This agreement in its entirety consists of the following elements: 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 -1A, 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 and/or Utility Installation Request - Form 1082 (Attachment "E"). All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs covered by a modification or amendment of this agreement or a written change or extra work order approved by the State and Utility. This agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. However, the State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Utility by execution of this agreement does not waive any of the rights which Utility may have within the limits of the law. Initial Date Initial Date TxDOT Utility Form ROW -U-35 (Rev. 06/15) Page 3 It is expressly understood that the Utility conducts the adjustment, removal, or relocation at its own risk, and that TxDOT makes no warranties or representations regarding the existence or location of utilities currently within its right of way. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. UTILITY Utility: City of Round Rock Nam of Utility l By: u//th rized Signature u�GCr�� �fZ�cl �e Print or Type Name Title: Date: EXECUTION RECOMMENDED: , Austin 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 Commission. 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. Initial Date TxDOT Initial Utility Date ** (Attachment "A") Plans, Specifications, and Estimated Costs 7056 Special Specification 7056 =� Texas Water Utilities Department o17Yanaponetlon 1. DESCRIPTION Furnish, install, or replace water pipe, valves, drain valve assemblies, auto combo air/vacuum release valve, wet connections, fire hydrant, pipe fittings, encasement pipes for water lines, lateral service, temporary fence 6 ft. chain link fabrics, cut and plug, and supporting materials or remove/abandon/dispose of existing lines, hydrants, PRV and vaults in conformance with the City of Austin requirements and details shown on the plans. Obtain necessary permits, provide testing as necessary, and request inspection of the completed water and sewer lines prior to being placed in service. 2. MATERIALS Furnish all materials in accordance with the requirements shown on the plans and in the details for each particular system in accordance with all material requirements of the City of Austin Standard Products Lists and the referenced City of Austin Specifications items or pick-up materials furnished by the utility companies and deliver to the project site. See Article 5, "Measurement," Table 1 - Water in this document. 3. PERMITS, TESTING, AND INSPECTION 3.1. Permits. Acquire all necessary permits from the City in which the work is to be performed in. For this Contract, street cut permits will not be required within State right of way. 3.2. Testing. Provide testing for water mains in conformance to the City of Austin requirements or as directed by the Engineer. Retesting charges will be deducted from payments to the Contractor for any test that fails to meet the required Standards described in the City of Austin Specification items. The Contractor is responsible for making appropriate repairs to those elements that do not pass any of the tests. Perform the following testing as minimum: ■ For water mains: hydrostatic test, low pressure air test, leakage test, poly pigging, and sterilization test. ■ Reference Specification Item No. 510 Pipe —"Quality Testing for Installed Pipe." 3.3. Inspection. All water main, sewer lines, and their appurtenances will be inspected by a representative of the local municipality. These representatives' decision of acceptability of the installation will be final. The local municipality will hold 2 final inspections, one at water completion and the other at roadway completion for final utility grade adjustments according to specifications. 4. CONSTRUCTION 4.1. Protect all water mains, sewer lines, vaults and appurtenances at all times during the construction. Promptly repair, at no additional cost to the Owner, any damage to the existing water or sewer system and any interruption to the services such as line stoppages or breakage caused by the Contractor's operation. 4.2. Specifications. Perform the work in conformance with Department Standards, Special Specifications, and City of Austin Standards (Supp. No. 2-2015). Reference the following Specifications for the work to be performed: 4.2.1. Specific Cross Reference Materials: ■ Section 00020 - Invitation for Bids ■ Section 00220 - Geotechnical Data 1 -3 10-15 OTU 7056 ■ Section 00650 - Certificate of Insurance ■ Section 00700, Article 6.11 - Safety and Protection ■ Section 00810 - Supplemental General Conditions ■ Item No. 509S, "Excavation Safety Systems" ■ 29 CFR, Occupational Safety and Health Administration, Part 1926 Safety and Health Regulations for Construction, Subpart P, Excavation ■ Texas Health and Safety Code Title 9 Chapter 756 Subchapter C ■ Texas Government Code Chapter 2254 4.2.2. Related Specifications: ■ Item 104, "Removing Concrete" ■ Item 110, "Excavation" ■ Item 402, "Trench Excavation Protection" ■ City of Austin Standard Specification Items: ■ Item No. 101 S, "Preparing Right of Way" ■ Item No. 102S, "Clearing and Grubbing" ■ Item No. 110S, "Street Excavation" ■ Item No. 111 S, "Excavation" ■ Item No. 130S, "Borrow" ■ Item No. 132S, "Embankment" ■ Item No. 201S, "Subgrade Preparation" ■ Item No. 402S, "Controlled Low Strength Material" ■ Item No. 501S, "Jacking or Boring Pipe" ■ Item No. 502S, "Tunneling" ■ Item No. 503S, "Frames, Grates, Rings and Covers" ■ Item No. 504S, "Adjusting Structures" ■ Item No. 505S, "Concrete Encasement and Encasement Pipe" ■ Item No. 506, "Manholes" ■ Item No. 507S, "Bulkheads" ■ Item No. 509S, "Excavation Safety Systems" ■ Item No. 510, "Pipe" ■ Item No. 511 S, "Water Valves" ■ Item No. 593S, "Concrete Retards" ■ Item No. 594S, "Gabions and Revet Mattresses" The specifications can be viewed on the City of Austin's Internet Home Page at http://www.austintexas.gov/. 4.3. Submittals. Submittals and types per submittal will be requirements per the associated specification. 5. MEASUREMENT Water main replacement items will be measured as follows: 2 - 3 10-15 OTU 7056 Table 1 Water Austin Bid Item Description Unit City of Austin Specification Pipe (4") DI Class 350 (All Depths) LF SS510 Pipe (6") DI Class 350 (All Depths) LF SS510 Pipe (8") DI Class 350 (All Depths) LF SS510 Pipe (12") DI Class 350 (All Depths) LF SS510 Pipe (16") DI Class 250 (All Depths) LF SS510 Carrier Pipe (16") DI Class 250 LF SS510 Bore or Jack Pipe (Steel)(30") LF SS510 Pipe Encasement (16")Steel(Split) LF SS510 Pipe Encasement (18")Steel(Split) LF SS510 Pipe Encasement (24")Steel(Split) LF SS510 Pipe Encasement (30")Steel(Split) LF SS510 Pressure Tap and Valve 6"X6" EA SS511 Water Service Line, (HDPE)(1") LF SS510 Water Service Line, (HDPE)(1.5") LF SS510 Water Service Line, (HDPE)(2") LF SS510 WTR(Restrained Joint)(DI)6" LF SS510 WTR(Restrained Joint)(DI)16" LF SS510 Pressure Tap and Valve 8"X8" EA SS511 Pressure Tap and Valve 12"X12" EA SS511 Valve (Gate)(6") EA SS511 Valve (Gate)(8") EA SS511 Valve (Gate)(16") EA SS511 Valve (InsertTM)(12") EA SS511 Wet Connection 6 DIA X 6 DIA EA SS510 Wet Connection 8 DIA X 8 DIA EA SS510 Auto Combo AirNacuum Release Valve AM (2") EA SS511 Drain Valve Assembly EA SS511 Hydra-StopTM(6")w/Cover EA SS511 Hydra-StopTM(8")w/Cover EA SS511 Testing & Disinfection EA SS510 Pressure Reducing Valve(672") and Vault EA SS511 Pressure Reducing Valve(16"X8") and Vault EA SS511 Fire Hydrants EA SS511 Install or Reconnect Lateral Service 1(Long) EA SS510 Install or Reconnect Lateral Service 1(Short) EA SS510 Install or Reconnect Lateral Service 2(Long) EA SS510 Install or Reconnect Lateral Service 2(Short) EA SS510 Cut and Plug Exist WL (2.25') EA SS510 Cut and Plug Exist WL (6") EA SS510 Abandon/Remove/Disposal of Exist Line (All TY & Size) LF SS510 Remove and Disposal of Exist Fire Hydrant EA SS510 Remove and Disposal of Exist PRV and Vault EA SS511 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided by under "Measurement," will be paid for at the unit price bid for the various items specified on the plans. This price is for full compensation for furnishing all equipment, materials, tools, labor, permits, testing, and incidentals necessary to satisfactorily complete the work as detailed on the plans including excavation, embedment, and backfill. 3 - 3 10-15 OTU PROJECT COSTS FOR RELOCATION OF CITY OF ROUND ROCK 12 -INCH WATERLINE DESIGN & CONSTRUCTION OVERSIGHT Item Hourly Est. Description Rate Hours Estiimated Actual Cost Cost 1.0 Design 1.1 Staff 1.11 Project/Design Engineer $0.00 1.12 Engineer Manager $0.00 1.13 Construction Manager $0.00 1.14 Project Coordinator/RPR $0.00 1.15 Regional Gov/Customer Relations Mgr $0.00 1.16 Regional Manetenance Superintendent $0.00 1.17 Pipeline Supervisor $0.00 1.18 Senior Administrative Assistant $0.00 2.0 Construction Oversight 2.1 Staff (Shop Drawing Review, RFI's, As -Built Dwgs, etc.) 2.11 Project/Design Engineer $0.00 2.12 Engineer Manager $0.00 2.13 Construction Manager $0.00 2.14 Senior Administrative Assistant $0.00 2.2 Staff (Construction Manager, RPR, Tie -In Coordination) 2.21 Construction Manager $0.00 2.22 Project Coordinator/RPR $0.00 2.23 Pipeline Supervisor & Crew $0.00 2.3 Field Testing(geotechnical tests, welding inspection, concrete tests, etc.) Quantity Unit Unit Price 2.31 Geotechnical Testing EA $0.00 2.32 Welding Inspections EA $0.00 2.33 Concrete Testing EA $0.00 Total Design & Construction Oversighti $0.00 CONSTRUCTION COST Item No. Desc Est Unit Code Description Unit Quantity Price Estiimated Cost 547 Trench Protection LF 350 $3.00 $1,050.00 5970 Water Main Pipe (PVC)(121N)LF 405 $100.00 $40,500.00 5970 Casing Steel (241N) * LF 244 $200.00 $48,800.00 5970 Gate Valve (121N) * EA 2 $5,000.00 $10,000.00 5970 Testing and Disinfection EA 1 $15,000.00 $15,000.00 5970 Cut and Plug Water main (121N) EA 2 $2,000.00 $4,000.00 5970 Bore or Jack Pipe (Steel) (241N) LF 60 $500.00 $30,000.00 5970 Wet Connection (121N) EA 2 $4,000.00 $8,000.00 Total $157,350.00 Salvage Material $0.00 Net Estimated Cost $157,350.00 Less Betterment $0.00 Estimated Cost $157,350.00 Eligibility Ratio 100% $157,350.00 Total Construction $157,350.00 Grand Total Project Costs $157,350.00 * Material for these items are in compliance with Buy -America requirements (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 Construction will occur within overall construction schedule as provided by contractor. (Attachment "D") Statement Covering Contract Work ROW—U-48 STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK (AS APPEARING IN ESTIMATE) Form ROW -U-48 (Rev.06/12) Page 1 of 1 U -Number: U14594 ROW CSJ Number: 0015-09-182 District: Austin County: Williamson Federal Project No.: City of Round Rock Highway No.: IH 35 , a duly authorized and qualified representative of , 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. F� 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.) F� D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the estimate in order to obtain the concurrence of the State, and the Federal Highway Administration Division Engineer where applicable, prior to taking action thereon (approval of the agreement shall be considered as approval of such proposal). ® E. The utility plans and specifications, with the consent of the State, will be included in the construction contract awarded by the State. Signature Date *U48* (Attachment "E") Utility Joint Use Acknowledgment ROW - U — JUAA N/A (Attachment "F") Eligibility Ratio Sec. 203.092. REIMBURSEMENT FOR RELOCATION OF UTILITY FACILITIES. (a) A utility shall make a relocation of a utility facility at the expense of this state if relocation of the utility facility is required by improvement of: (1) a highway in this state established by appropriate authority as part of the National System of Interstate and Defense Highways and the relocation is eligible for federal participation; (2) any segment of the state highway system and the utility has a compensable property interest in the land occupied by the facility to be relocated; or (3) a segment of the state highway system that was designated by the commission as a turnpike project or toll project before September 1, 2005. Eligibility is established at 100%. (Attachment "G") Betterment Calculation and Estimates Betterment does not exist in this agreement. (Attachment "H") Proof of Property Interest On Interstate highways, Texas Transportation Code section 203.092 provides that utility reimbursement for facility relocation is dependent upon whether the relocation costs are eligible for federal participation. No proof of property interest is required because pursuant to current state and federal law, federal participation is 100% of all eligible costs. ATTACHMENT "I" (to be used only for Inclusion in Highway Construction Contract) In the best interest of both the State and the Utility, the Utility requests the State to include the plans and specifications for this work in the general contract for construction of Highway IH 35 in this area, so that the work can be coordinated with the other construction operations; and the construction contract is to be awarded by the State to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Utility: City of Round Rock Name of Utility By: Authorized Signature Print or Type Name Title: Date: Initial Date Initial Date TxDOT Utility City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing a Standard Utility Agreement with the Texas Department of Transportation for proposed highway improvements regarding the IH -35 Mobility Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/4/2016 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: Indexes: Attachments: Std. Util. Agreement.pdf, LAF_Standard Utility Agmt_TXDot_IH-35Mobility.pdf, Reimbursement Letter.pdf Department: Utilities and Environmental Services Text of Legislative File CM -2015-1008 Consider executing a Standard Utility Agreement with the Texas Department of Transportation for proposed highway improvements regarding the IH -35 Mobility Project. TxDOT is currently working on ramp reversals up and down the IH -35 corridor and is currently designing and preparing to bid a project including a northbound elevated exit ramp near the intersection of IH -35 and McNeil Road in Round Rock. One of the bents (columns) needs to be located where the City's existing 12 -inch waterline is located, requiring the waterline to be relocated further to the north. TxDOT will be performing the design and construction work that is necessary for the waterline relocation at their cost. All work will be performed under the TxDOT construction contract. The Utility Staff recommends the City Manager to sign the Standard Utility Agreement provided by TxDOT. Staff Recommends Approval. City of Round Rock Page 1 Printed on 3/412016