Ordinance No. 14,534ORDINANCE NO. 14,534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE STANDARD UTILITY AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF CITY
MAINTAINED UTILITIES ALONG THE EASTBOUND AND WESTBOUND
INTERSTATE 10 FRONTAGE ROAD BETWEEN SPUR 330 AND
THOMPSON ROAD; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
******************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager to execute the Standard Utility Agreement with the Texas
Department of Transportation for the relocation of City maintained utilities along the eastbound
and westbound Interstate 10 frontage road between Spur 330 and Thompson Road. A copy of
said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 8th day of October, 2020.
`� (a, i
BRANDON CAPETILLO, ayor
ATTBST:
LETICIA BRYSC , Ci Clerk �o SjkYTOryt,
APPROVED AS TO FORM:
y
tkg
9rF OF'��
EN L. HORNER, City Attorney
R:1Karen HomerlDocuments\Files\City Council•.Ordinances\2020 October 8 TxDOTStandardUtilityAgreement.docx
Exhibit "A"
Forth ROW-U.95
(Rev. 08/19)
Page 1
STANDARD UTILITY AGREEMENT
U-Number: 00003021
District: Houston County: Harris
Federal Project No.: TBD Highway: IH 10
ROW CSJ: 0508-01-380 From: Spur 330
Highway Project Letting Date: Oct 2020 To: Thompson Road
This Agreement by and between the State of Texas, acting by and through the Texas Transportation
Commission, ("State"), and City of Baytown , ("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
(the "Highway Project");
WHEREAS, the proposed Highway Project will necessitate the adjustment, removal, and/or relocation of certain
facilities of the Utility as indicated in the following statement of work:
Proposed Water Facilities along EBFR & WBFR: 495 LF of WATER MAIN PIPE (PVC)(101N), 2,585 LF of
WATER MAIN PIPE (PVC)(121N), and related appurtenances;
Proposed Sanitary Sewer Facilities along EBFR: 80 LF of SANITARY SEWER (81N)(PVC)(SDR26), 7 EA of
ADJUSTING MANHOLE, 2 EA of CONNECTION TO EXIST MANHOLE, 1 EA of 4' DIA MANHOLE, 5 EA of
MANHOLE REHABILITATION, and related appurtenances.
and more specifically as shown in the 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 relocation of certain facilities to
the extent as may be eligible for State and/or Federal participation.
WHEREAS, the State, upon receipt of evidence it deems sufficient, acknowledges the Utility's interest in certain
lands and facilities that entitle it to reimbursement for the adjustment, removal, and relocation of certain of its
facilities located upon the lands as indicated in the statement of work above.
NOW, THEREFORE, BE IT AGREED:
The State will pay to the Utility the costs incurred in adjustment, removal, and relocation of the Utility's facilities
up to the amount said costs may be eligible for State participation.
All conduct under this agreement, including but not limited to the adjustment, removal, and relocation of the
facility, the 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. §§ 4321, et seq., the Buy America provisions of 23 U.S.C.
§ 313 and 23 CFR 635.410, as amended, Texas Transportation Code § 223.045, the Utility Relocations,
Adjustments, and Reimbursements provisions of 23 CFR 645, Subpart A, and the Utility Accommodation
provisions of 23 CFR 645, Subpart B.
The Utility shall supply, upon request by the State, proof of compliance with the aforementioned laws, rules,
regulations, and guidelines prior to the commencement of the adjustment, removal, and relocation of the facility.
Initial Date Init)al Date
TOOT Utility
Forth ROW-U-35
(Rev. 08119)
Page 2
The Utility shall not commence any physical work, including without limitation site preparation, on the State's right
of way or future right of way, until TxDOT provides the Utility with written authorization to proceed with the
physical work upon TxDOTs completion and clearance of its environmental review of the Highway Project. Any
such work by the Utility prior to TxDOT's written authorization to proceed will not be eligible for reimbursement
and the Utility is responsible for entering any property within the proposed limits of the Highway Project that has
not yet been acquired by TxDOT. This written authorization to proceed with the physical work is in addition to the
authorization to commence work outlined below. Notwithstanding the foregoing, the provisions of this paragraph
are required only when TOOT has not obtained completion and clearance of its environmental review of the
Highway Project prior to the execution of this Agreement by the State and the Utility.
The Utility shall comply with the Buy America provisions of 23 U.S.C. § 313, 23 CFR 635.410, as amended, and
the Steel and Iron Preference provisions of Texas Transportation Code § 223.045 and, when products that are
composed predominately of steel and/or iron are incorporated into the permanent installation of the utility facility,
use domestically manufactured products. TxDOT Form 1818 (Material Statement), along with all required
attachments, must be submitted, prior to the commencement of the adjustment, removal, and relocation of the
facility, as evidence of compliance with the aforementioned provisions. Failure to submit the required
documentation or to comply with the Buy America, and Steel and Iron Preference requirements shall result in: (1)
the Utility becoming ineligible to receive any contract or subcontract made with funds authorized under the
Intermodal Surface Transportation Efficiency Act of 1991; (2) the State withholding reimbursement for the costs
incurred by the Utility in the adjustment, removal, and relocation of the Utility's facilities; and (3) removal and
replacement of the non -compliant products.
The Utility agrees to develop relocation or adjustment costs by accumulating actual direct and related indirect
costs in accordance with a work order accounting procedure prescribed by the State, or may, with the State's
approval, accumulate actual direct and related indirect costs in accordance with an established accounting
procedure developed by the Utility. Bills for work hereunder are to be submitted to the State not later than one
(1) year after completion of the work. Failure to submit the request for final payment, in addition to all supporting
documentation, within one (1) year after completion of the work may result in forfeiture of payment for said work.
When requested, the State will make intermediate payments at not less than monthly intervals to the Utility when
properly billed. Such payments will not exceed 90 percent (90%) of the eligible cost as shown in each such billing.
Intermediate payments shall not be construed as final payment for any items included in the intermediate
payment.
The State will, upon satisfactory completion of the adjustment, removal, and/or relocation and upon receipt of final
billing prepared in an approved form and manner and accounting for any intermediate payments, make payment
in the amount of 90 percent (90%) of the eligible costs as shown in the final billing prior to audit and after such
audit shall make an additional final payment totaling the reimbursement amount found eligible for State
reimbursement.
Alternatively, the State agrees to pay the Utility an agreed lump sum of $ N/A as supported by the attached
estimated costs. The State will, upon satisfactory completion of the adjustments, removals, and relocations and
upon receipt of a final billing, make payment to the Utility in the agreed amount.
Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Utility to
perform such work diligently and to conclude said adjustment, removal, and relocation by the stated completion
date which is attached hereto in Attachment "C". The completion date shall be extended for delays caused by
events outside the Utility's control, including an event of Force Majeure, which shall include a strike, war or act of
war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire,
flood or other act of God, sabotage, or other events, interference by the State or any other party with the Utility's
ability to proceed with the work, or any other event in which the Utility has exercised all due care in the
prevention thereof so that the causes of other events are beyond the control and without the fault or negligence of
the Utility.
Initial Date Initial Dale
TxDOT uglily
Form ROW-U-35
(Rev. 08119)
Page 3
This agreement in its entirety consists of the following elements:
Standard Utility Agreement — ROW-U-35;
• Plans, Specifications, and Estimated Costs (Attachment "A");
• Accounting Method (Attachment "B");
• Schedule of Work (Attachment "C");
• Statement Covering Contract Work — ROW-U48 (Attachment "D");
• Utility Joint Use Acknowledgment — ROW-U-JUAA and/or Utility Installation Request — Form 1082
(Attachment "E");
• Eligibility Ratio (Attachment "F");
• Betterment Calculation and Estimate (Attachment "G"); and
• Proof of Property Interest — ROW-U-1A, ROW-U-1 B, or ROW-U-1 C (Attachment "H").
All attachments are included herein as if fully set forth. In the event it is determined that a substantial change
from the statement of work contained in this agreement is required, reimbursement therefore shall be limited to
costs covered by a modification or amendment of this agreement or a written change or extra work order
approved by the State and the Utility.
This agreement is subject to cancellation by the State at any time up to the date that work under this agreement
has been authorized, and such cancellation will not create any liability on the part of the State. However, the
State will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this
Agreement.
The State Auditor may conduct an audit or investigation of any entity 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 that the Utility may have within the
limits of the law.
It is expressly understood that the Utility conducts the adjustment, removal, and relocation at its own risk, and
that the State makes no warranties or representations regarding the existence or location of utilities currently
within its right of way.
Initial Date Initial Date
TxDOT Utility
Form Row-u-35
(Rev. 08/19)
Page 4
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 Baytown
Name of Utility
By:
Authorized Signature
Print or Type Name
Title:
Date:
Initial Date
TxDOT
Initial Date
Utility
EXECUTION
Director o/ TP&D (or designee), Houstca 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:
District Engineer (or designee)
Date:
Form ROW-U-35
(Rev.08119)
Page 5
Attachment "A"
Plans, Specifications, and Estimated Costs
All material items that must meet Buy America or Steel and Iron Preference Provision
requirements must be indicated with an asterisk (').
Initial Date Initial Date
TOOT Utility
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V
Utility Name- City of Baytown IH-10 from Spur 330 to Thompson Road
RCSJ- 0508-01-380 Estimated TxDOT Construction Costs
CCSJ: 0508-01-0345 (Joint Bid)
WATER LINE CONSTRUCTION COSTS
TxDOT
BID ITEM
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
EXTENSION
4016001
FLOWABLE BACKFILL
CY
81
S
233.64
S 18.924.84
4026001
TRENCH EXCAVATION PROTECTION
LF
3080
S
2.90
S 8.932.00
7049 6006
WATER MAIN PIPE PVC 101N
LF
495
S
125.00
S 61.875.00
' GATE VALVE & BOXES see Note 2
7049.6007
WATER MAIN PIPE PVC 121N
LF
2585
S
150.00
S 387,750.00
GATE VALVE & BOXES see Note 2
WATER TOTAL
$ 477,481.84
SANITARY SEWER CONSTRUCTION
COSTS
TxDOT
BID ITEM
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
EXTENSION
4016001
FLOWABLE BACKFILL
CY
12
S
233.64
S 2,803.68
7017 6017
SANITARY SEWER 81N PVC SDR36
LF
80
S
150.00
S 12.000.00
7017 6055
ADJUSTING MANHOLE SANITARY SEWER
EA
7
S
3 500.00
S 24.500.00
' MANHOLE COVER AND FRAME see Nolo 2
REBAR see Note 2
7017 6098
CONNECTION TO EXIST MANHONE (SAN SWR
EA
2
S
800.00
S 1.600.00
' MANHOLE COVER AND FRAME see Note 2
REBAR see Note 2)
7017 6051
MANHOLE (SAN SEWER 4' DIA
EA
1
S
3.000.00
$ 3.00000
MANHOLE COVER AND FRAME see Note 2
REBAR see Note 2
7017 6160
MANHOLE REHABILITATION
EA
5
S
10.000.00
S 50.000.00
MANHOLE COVER AND FRAME see Nole 2
REBAR fseWftle 2
SEWER TOTAL
$ 93,903.68
TOTAL CONSTRUCTION COSTS
PROJECT TOTAL $ 571,385.52
NOTES
1. Items shown above are TxDOT Bid Items to be Joint Bid In TxDOT's PS&E
2 Appurtenances listed below TxDOT Bid Items are subsidiary to the TxDOT Bid item
3. TxDOT's Contractor will procure all materials.
' Materials Indicated with asterisk (') are to be "Buy Amenca" compliant.
992020 IH-10 WATER & SAN,TARY SEWER ESTiMATE.xis
Utility Name: City of Baytown IH-10 from Spur 330 to Thompson Road
RCSJ: 0508-01-380 Estimated Engineering Costs
CCSJ: 0508-01-0345
Task Description
project
Manager
g
Senior
Engineer
9
Protect
Engineer
9
Engineer -In
Training
9
Senior
Engineering
Tech.
CADD
Operator
P
Admin
Sub-
TOTAL
HOURS
Sub-
TOTAL
Vs
$170.57
$164 37
$130.26
$89.94
$105.45
$83.74
$103.58
FC 130
RIGHT-OF-WAY DATA
Task 1
Utility Adjustment Coordination
1.1
it lity, Coordination(City of Baytown)
16
8
16
8
48
Initial Project Meehn Dannenbaum)
4
4
a
Pothole Action Plan
2
2
4
8
16
Meet wl Consultants
8
4
4
16
Review as-buills & Utility Matrix
4
4
4
12
Subtotal Task 1 - Hours
34
18
32
0
8
0
8
100
Total Task 1 $
$ 5.799.38
$ 2.958-66
$ 4,168.32
$
$ 843.60
$
$ 828-64
$ 14,598.60
FC 160
ROADWAY DESIGN
Task 1
Utility Engineering 5 months
1.1
Coordination of Engineering Activities
12
4
8
24
1.2
Public & Individual Meetings
4
4
8
16
13
Review of Uldil s Proposed Adjustments
0
Update Utility Conflict Matrix
4
2
16
4
26
Evaluate Alternatives
8
2
16
16
8
50
Review Estimates and Schedules
4
2
8
14
R view Plans
8
2
12
8
8
38
1.6
Review PS&E for all Utilities
8
24
8
40
Subtotal Task 1 - Hours
48
40
76
24
16
0
4
208
Total Task 1 IS)
$ 8.18736
S 6,57480
$ 9.899.76
$ 2,158.56
$ 1.687.20
$
$ 414.32
$ 28.92.2.00
FC 145
MANAGING CONTRACTEDIDONATED PE
Task 1
Project Management and Administration 5 months
1.1
Protect Coordinal. m
16
a
8
32
1 2
Prole, t Mana em, nt
16
8
8
32
Progress reports c �rrespondence, meetings
12
a
16
36
Develop, document & maintain schedule
8
4
16
28
Prepare. distribute. & f le correspondence
8
4
16
28
Subtotal Task 1 - Hours
60
32
0
0
0
0
64
156
Total Task 1 (S)
$ 10,234.20
$ 5.259.84
$
$
$
$
$ 6.629.12
S 22,123.16
FC 163
UTILITY DESIGN
Task 1
Prepare PS&E
1.1
Data Collection
1.2
Pro are Sanita Sower unlit desi n
Coordinate w/ City to identify referred allternative
4
8
16
28
Create Plan & Profile Sheets
4
8
12
8
80
112
Verify compliance wl utility accommodation rules
4
a
16
28
Evaluate & resolve conflicts wf other utilities
4
2
4
4
8
22
Review & verify that utility plans are consistent and
compatible wl ROW, util:fies. & highway design
4
4
a
8
16
40
Meet and Coordinate with City
8
4
12 1
24
Obtain City approval
4
2
4
10
Develop standards and specifications
4
4
8
8
8
a
40
12
Pre are Water utility desi n
Coordinate wI ty to identify preferred a8lernative
2
2
4
8
Create Plan & Profile Sheets
4
8
12
8
80
112
Verify compliance wI utility accommodation rules
4
2
8
14
Evaluate & resolve conflicts wl other utilities
4
2
4
1 4
8
22
Review & verify that utility plans are consistent and
compatible wl ROW, utilities, & highway design
4
4
8
8
16
40
Meet and Coordinate with City
8
4
12
24
Obtain City approval
4
2
4
10
Develop standards and specifications
4
4
8
8
8
1 a
40
13
Estimates - Sanitary Sewer utility design
4
8
16
8
4
40
1.3
Estimates - Water utility design
4
8
16
1 8
4
40
Subtotal Task 1 - Hours
78
84
172
48
200
48
24
654
Total Task 1 IS)
S 13,304.46
S 13,807.08
S 22,404.72
$ 4,317.12
$ 21,090.00
S 4,019.52
$ 2,485.92
$ 81.428.82
Other Direct Expenses
Overhead Expenses
Rate
FfM Cost
Mileage (5 trips)
S 058
F
S 1.15000
Hotel (5nights)
S 11400
F
$ 57000
Perdiem (10 days)
S 5000
F
S 50000
Photocopies BIW 11-x1T 4 Submittals 5 Copies)
S 019
F
50 Sheets
S 19000
Photocopies B/W 8.5'xI1* (500 Copies)
S 009
F
S 4500
Plots (B/W on Band) 100 Copies)
S 075
F
S 7500
Overnight Marl -Oversized Box (4 Submittals)
S 45001
M
S 180.00
Other Direct
Expenses: TOTAL
$ 2.710.00
Total Work Authorization 1 - Hours
220
174
1 280
72
224
48
i 100
1 118
[Total Work Authorization 1
$ 37,525.40
1 $ 28,600.38
1 $ 36,472.80
$ 6,475.68
$ 23,620.80
$ 4.019.52
1 S 10,358.00
$ 149,782.58
9/9/2020 12-81DP5019_WA 9-Exhibit D 2020.02-11.xlsx
Utility Name: City of Baytown
RCSJ: 0508-01-380
CCSJ: 0508-01-0345
IH-10 from Spur 330 to Thompson Road
Estimated City of Baytown Direct Costs
Engineer
Manager
Field
"ctor
Admin
Estimated
-Task Description
Ins
Totals
$150.00
$150.00
$125.00
$12S.00
Plan Review, Coordination Meetings,
16
16
8
40
Design Support, and Agreement Review
Field Inspection
120
8
128
Support with Test Cuts, Disinfection, and
60
8
68
Testing
Total Estimated Hours
16
16
180
24
236
Total Direct Costs (City of Baytown)
$2,400.00
$2,400.00
$22,500.00
$3,000.00
$30,300.00
9/9/2020 City of Baytown Cost Estimate.xlsx
Utility Name: City of Baytown
ROW CSJ: 0508-01-380 Construction CSJ: 0508-01-345. Etc.
U-number: 00003021
Buy America Provisions Statement
City of Baytown
has received the latest Buy America Guidelines effective beginning
October 3, 2019. Currently, all Buy America required materials planned
for this project will be included in the TxDOT highway contract. Buy
America compliance will be the responsiblity of the TxDOT highway
contractor.
In the event that materials requiring Buy America compliance are provided by
City of Baytown
during construction of this project, Buy America certification will be required.
Utility Name: City of Baytown
ROW CSJ: 0508-01-380 Construction CSJ: 0508-01-345, Etc.
U-number: 00003021
Plans, Specifications, and Estimated Costs
Utility Plans
Along with plans needed for construction the following information
should be included on each plan sheet:
Cl New Utility Location and material type
CSJ Exiting Utility Location and material type
Q Existing ROW line
Q Proposed ROW line (if applicable)
Estimated Costs
Each line on the summary of cost sheet should include backup
documentation detailing how that total was calculated.
Examples of back-up documentation
0 Breakdown of Utility Labor
Q Contractor Estimate
2 Material List used for Estimate
U Engineering/Consultant Fees
Utility Name: City of Baytown
ROW CSJ: 0508-01-380 Construction CSJ: 0508-01-345, Etc.
U-number: 00003021
Summary of Cost Estimate
.-
Construction Costs to be included in TxDOT Highway Contract $ 571,385.52
Engineering Costs paid for by TXDOT Engineering Contract
$ 149,782.58
Direct Costs for City of Baytown
$ 30,300.00
TOTAL COST to be Reimbursed to Utility
$ 30,300.00
Total Cost for the Adjustment:
$ 751,468.10
LESS
Betterment 0.00% %
$ 0.00
SUB TOTAL
$ 30,300.00
Salvage
SUB TOTAL
$ 30,300.00
Eligibility Ratio
100.00%
Adjusted Amount of Estimated Reimbursement:
$ 30,300.00
Buy America Provisions Statement
* Materials indicated with asterisk -*- are to be "Buy America" compliant.
Otherwise, materials with no asterisk are exempt from "Buy America" provisions.
Utility agrees to comply with Buy America's provisions in accordance with
TxDOT/FHWA guidance for all utility work performed and accomplished in
furtherance of this agreement. Certification, where indicated, will be provided
with the final billing
Forth ROW-U36
(Rev. 08119)
Page 6
Attachment "B"
Accounting Method
❑X Actual Cost Method of Accounting
The utility accumulates cost under a work order accounting procedure prescribed by the
Federal or State regulatory body and proposes to request reimbursement for actual
direct and related indirect costs.
❑ Lump Sum Method of Accounting
Utility proposed to request reimbursement based on an agreed lump sum amount
supported by a detailed cost analysis.
Initial Date Initial Date
TxDOT utility
Form ROW-U-35
{Rev. 08119)
Page 7
Attachment "C"
Schedule of Work
Estimated Start Date: 2/1/2021
(subject to physical work restrictions prior to the issuance
of environmental clearance as required by the provisions of this agreement)
Estimated Duration (days): 180
Estimated Completion Date: 8/1/2021
Initial Date Initial Date
TxDOT utility
Form ROW-U-35
(Rev.08119)
Page 8
Attachment "D"
Statement Covering Contract Work
(ROW—U-48)
(ROW—U-48-1, if applicable)
Initial Date Initial Date
TxDOT Utility
ROW CS) Number: 0508-01-380
County: Harris
Federal Project No.: TBD
of
U-Number: 00003021
District: Houston
Highway No.: IH 10
, 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 it appears in the
estimate to which this statement is attached.
It is more economical and/or expedient for Owner to contract this adjustment, or Owner is not adequately staffed or equipped
to perform the necessary work on this project with its own forces to the extent as 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. Associated bid tabulations will be provided to the State.
® B. Solicitation for bids is to be accomplished by circulating to a list of pre -qualified contractors or known qualified
contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity
with the requirements and specifications for the work to be performed. Associated bid tabulations will be provided to
the State. Such presently known contractors are listed below:
2.
3.
4.
5.
C. The work is to be performed under an existing continuing contract under which certain work is regularly performed
for Owner and under which the lowest available costs are developed. The existing continuing contract will be made
available to the State for review at a location mutually acceptable to the Owner and the State. If only part of the
contract work is to be done under an existing contract, give detailed information by attachment hereto.
j� D The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal
is attached to the estimate in order to obtain the concurrence of the State, and the Federal Highway Administration
Division Engineer where applicable, prior to taking action thereon (approval of the agreement shall be considered as
approval of such proposal).
E. The utility plans and specifications, with the consent of the State, will be included in the construction contract
awarded by the State. In the best interest of both the State and the Owner, the Owner requests the State to include
the plans and specifications for this work in the general contract for construction of Highway IH 10
in this area, so that the work can be coordinated with the other construction operations; and the construction
contract is to be awarded by the State to the lowest qualified bidder who submits a proposal in conformity with the
requirements and specifications for the work to be performed. if this option is chosen, attach form ROW-U-48-1, the
terms of which are incorporated herein by reference.
ature
Date
48 -.
A:_
4m
ROWU-48-1
(09/18)
Page i of 2
Statement Covering Utility Construction Contract Work - In the State's
Highway Construction Contract
(As Referenced in Form ROW-U-48, Option E)
Work Responsibilities
A. The Utility shall provide the following services under this contract:
i. Responsible for engaging the services of a Texas Registered Professional
Engineer to prepare drawings and technical specifications for relocations and
adjustments along IH 10
ii. Provide the plans and specifications to the State to include in the current
planning specifications and estimate package being prepared by
representatives of the Texas Department of Transportation's Houston Area Office.
iii. Secure all necessary permitting as may be required for the installation of the
water/sanitary sewer line.
iv. Arrange and coordinate with the contractor, through the State, materials and
equipment testing, rejection of all work not conforming to minimum
requirements of the construction contract documents, maintenance of the
proposed work area during construction, and the relocation of water/sanitary sewer
and connection of services to customers.
V. Advise the State of work that Utility determines should be corrected or rejected.
vi. Arrange, observe, and inspect all acceptance testing and notify the State of the
results of these activities.
vii. Provide inspection services for the construction, notify the State of defects and
deficiencies in the work, and observe actions of the contractor to correct such
defects and deficiencies.
viii. Assume all responsibility for the maintenance of the existing water/sanitary sewer
lines during and upon completion of the construction contract.
ix. Ensure all Texas Commission on Environmental Quality and all other regulatory
rules, regulations and taws are strictly adhered to.
X. Prepare and submit both a certificate of substantial completion and a list of
observed items requiring completion or correction for the relocations and
adjustments to the Project Engineer for concurrence.
A. Coordinate all construction activities performed by Utility's staff for the
relocations and adjustments through the Project Engineer.
ROW-U 48-f
109/18)
Page 2 of 2
B. The State shall provide the following services under this contract:
i. Combine the water/sanitary sewer relocation and adjustment plans
with the plans being prepared for the Project.
ii. Review and approve the final construction plans prior to any construction -
related activities. In order to ensure federal and/or state funding eligibility,
projects must be authorized by the State prior to advertising for construction.
iii. Advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of the Project.
iv. Negotiate and administer all field changes and change orders required for the
Project. All change orders increasing construction costs for Utility's Project shall
be submitted to Utility for review and approval together with an evaluation.
Utility agrees to review and either approve or disapprove all change orders
within five (5) business days after receipt of such order unless Utility Board's
approval is necessary in which case Utility shall bring the item to Utility Board as
soon as reasonably possible.
V. Provide overall project management to supervise the day-to-day activities of the
construction and monitor the activities of the contractor to promote the timely
and efficient completion of the Project in accordance with the approved Plans
and Specifications and construction schedule.
vi. Conduct field observations and coordinate with Utility's inspectors and the
contractor to cure defects and deficiencies in the construction prior to final
acceptance.
vii. Make timely payment to the contractor for work performed in connection with
the Project.
viii. Ensure access and permit Utility's inspectors and other authorized
representatives to inspect the waterline construction at all times.
ix. Conduct and coordinate final inspection of the Project in the presence of
Utility's Engineer and Inspector, transmit final list of items to be completed or
repaired and observe contractor correction of same.
x. Maintain job file.
Forth Row-U-35
(Rev. 08119)
Page 9
Attachment "E"
Utility Joint Use Acknowledgment — (ROW-U-JUAA)
and/or Utility Installation Request — (Form 1082)
❑ Utility Joint Use Acknowledgment (ROW—U—JUAA)
❑✓ Utility Installation Review/Permit Number:
Initial Date Initial Date
TxDOT Utility
Farm ROW-U-35
(Rev.08119)
Page 10
Attachment "F"
Eligibility Ratio
Eligibility Ratio established: loo.00 %
❑ Non -interstate Highway (Calculation attached)
✓❑ Interstate Highway
Initial Date Initial Date
TxDOT Utility
Utility Name: City of Baytown
ROW CSJ: 0508-01-380 Construction CSJ: 0508-01-345. Etc.
U-number: 00003021
Eligibility Ratio
Eligibility is established at 100.00%
Interstate Projects
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. Pursuant
to current state and federal law, federal participation is 100% of all eligible
costs; therefore, an elgibility ratio will be 100%.
Non -Interstate Projects
The key determining factors for eligibility ratio are:
• line length for underground pipelines and cables, and
• main line pole location for power and overhead communication
facilities. Guy poles, push braces, and down guys must be excluded from
the ratio as these items are considered as supporting structures.
If a facility is outside of existing right of way, in conflict, and within an
easement (PUE or private); then that facility is eligible. Any facilities in
existing right of way, in conflict; would not be eligibile.
To determine eligibility; total the Iine length or number of locations eligible
for reimbursement and divide by the total number of required relocations.
Please include a breakdown sheet showing each location and whether
they are considered eligible or not (inside ROW or outside ROW).
Forth ROW-U-35
(Rev. 08119)
Page 11
Attachment "G"
Betterment Calculation and Estimate
-f Elective Betterment Ratio established: 0.00% %
(Calculation attached)
Forced Betterment
(Provide supporting documentation)
X❑ Not Applicable
Initial Date Initial Date
TxDOT utility
Utility Name: City of Baytown
ROW CSJ: 0508-01-380
U-number: 00003021
Construction CSJ: 0508-01-345, Etc.
Betterment Calculation and Estimates
I Betterment does not exist in this agreement.
(J 0.00% 9.0' Betterment
U Non -elective Betterment exists in this agreement.
Procedures for Computing Elective Betterment Credit
1.) Prepare a plan and estimate of cost for replacement of the existing facility in the most economical
manner, as required by the transportation construction project. (A)
2.) Prepare a second plan and estimate including the betterments that the utility elects to build. (B)
3.) Subtract the two (above items) from one another to arrive at the difference: B - A = X
4.) Compute a betterment credit percentage based upon the ratio : X/B = Elective Betterment
Betterment Calculations
Description IAmount
Estimated Total Cost of Relocation (8)
Non -betterment Estimate (A)
Difference
0.00
Elective Betterment Percentage P
I NaN
Please include detailed estatmates and supporting documentation for both estimates.
Non -Elective Betterment Please provide%uslircalion for each location
of non -elective beltermenl (use slalion #s)
Forced betterments: also known as non -elective betterments; those necessitated by transportation
project construction, as shown below; this type is usually a reimbursable cost item. The following are
reimbursable items and must be properly documented by the utility:
❑ non -stocked items that are uneconomical to purchase:
❑ items to comply with governmental laws and ordinances;
❑ appropriate regulatory commission codes:
❑ published, current design practices regularly followed by the utility in its own work;
❑ installment of replacements of equivalent standard, although not identical;
❑ betterments for which there are direct benefits to, and /or are required for. the transportation project.
Form ROW-U-35
{Rev. 08119)
Page 12
Attachment "H"
Proof of Property Interest
❑ Supporting documentation of compensable property interest that establishes
reimbursement eligibility as referenced in Texas Transportation Code §203.092.
❑ Property interest documented through applicable affidavits and required
attachments.
❑ ROW-U-1A and
❑ ROW-U-113
Ism
❑ ROW-U-1 C
❑X The roadway improvement project is designated as an Interstate Highway project;
therefore, no supporting documentation of compensable interest is required.
Initial Date Initial Date
TxDOT Utility