HomeMy WebLinkAbout24-1215ORDfNANCE NO. 24- 1215
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AND DELIVER THE STANDARD UTILITY AGREEMENT
(“AGREEMENT”) BY AND BETWEEN THE CITY OF DENTON (“CITY”) AND THE TEXAS
DEPARTMENT OF TRANSPORTATION (“TXDOT“), FOR THE REIMBURSEMENT OF
ELIGIBLE COSTS INCURRED IN THE ADJUSTMENT, REMOVAL, AND RELOCATION OF
CITY FACILITIES OF BOTH WATER AND WASTEWATER UTILITIES ALONG 1-35E
FROM US 377/FORT WORTH DRIVE TO LOCUST STREET AND ALONG THE NORTH
FRONTAGE ROAD AT UPRR RAILROAD TO THE EAST (“UTILITY RELOCATIONS
PROJECT -TXDOT CSJ# 0195-03-103/Utility ID:U00020852), WITHIN THE COUNTY AND
CITY OF DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS IN AN
AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTEEN THOUSAND, ONE HUNDRED
AND FIFTEEN AND 00/100 DOLLARS ($715,115.00) FOR WATER AND WASTEWATER
UTILITY RELOCATION EFFORTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the TxDOT 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 for the 1-35 E From US 377/Ft. Worth Dr. to Locust St. and along the North
frontage road at UPRR Railroad to the East (“Utility Relocation Project”).
WHEREAS, TxDOT has expanded their right-of-way through the 1-35E corridor within the
Denton city limits in anticipation of the TxDOT’s 1-35E Widening project with a current project
letting schedule of September 2023; and
WHEREAS, the proposed Utility Relocation Project will necessitate the adjustment,
removal, and/or relocation of certain facilities of the City as indicated in the following statement of
work
1) CSJ 088 Water Line: Install approximately 709 LF of 8” PVC Sta.3930+00 to
Sta.3936+50, 466 LF of 12” PVC Sta. 2924+50 to Sta. 2927+90 . and remove 1285 of
waterlines longitudinal to IH35 from IH35 2924+50 to 3930+00.
2) Wastewater: abandon 340 LF of 8“ wastewater in conflict with pavement & ROW
longitudinal to IH35 from IH35 Sta.2934+50 to Sta.2939+65; and
WHEREAS, the TXDOT 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, TXDOT, 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; and
WHEREAS, in an effort to meet TxDOT’s anticipated roadway construction schedule, the
City’s Utility Relocation Project will relocate both water and wastewater utilities out of TxDOT’s
recently expanded right-of-way between US-377 and Locust St and along the North frontage road
at UPRR Railroad to the East; and
WHEREAS, the TxDOT 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;
and
WHEREAS, TxDOT, upon receipt of evidence it deems sufficient, acknowledges the City’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;
and
WHEREAS, TxDOT 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.
WHEREAS, the City Council having considered the importance of the project to the citizens
of Denton and finding that it is in the public's health and safety interest, is of the opinion that it
should approve the Agreements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained in the preamble of this ordinance are hereby
incorporated into the body of this ordinance are true and correct.
SECTION 2. The City Manager, or designee, is hereby authorized to execute on behalf
of the City the Water and Wastewater Standard Utility Agreement No. U00020852, a copy of
which is attached hereto as Exhibits " A’' and made a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is authorized to expend funds an amount not
to exceed Seven Hundred Fifteen Thousand, One Hundred and Fifteen And 00/100 Dollars
($715,1 15.00) for the 1-35 E From US-377 and Locust St and along the North frontage road at UPRR
Railroad to the East Utility Relocation Project in the City and County of Denton.
SECTION 4. The City Manager, or designee, is further authorized to carry out all
obligations and duties of the City as set forth in the Agreement.
SECTION 5. That this ordinance shall become effective immediately upon its passage
and approval.
[Signatures to appear on the following page]
2
The motion to approve,this ordinance was
seconded by Ju, D: IIb_ J
the following vote LZ - A:
made by Brla+ Be cA and
' The ordinance was passed and approved by
LSJa t Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND APPROVED thi, th, les" d,y ,f J.--‘2024
LAUREN THODEN, CITY SECRETARY
B,: CygrwuJL,Jk'lll
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By d
ATTEST
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A;\’JjAlleo
Form ROW-U-35
(Rev. 03/24)
Page 1
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Standard Utility Agreement
U Number:N/A Utility ID:U00020852
District: Dallas County: Denton
ROW Project ID (TxC): R00016062 Highway: IH 35E
ROW CSJ: 0195-03-103 From: North Bound Frontage Roads at UPRR
Construction CSJ: 0195-03-088
Highway Project Letting Date: 08/01/24 To: N/A
This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission,
(“State”), and City of Denton, (“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: CSJ 088 Water Line: Install approximately
709 LF of 8” PVC Sta.3930+00 to Sta.3936+50, 466 LF of 12” PVC Sta. 2924+50 to Sta. 2927+90 , and remove
1285 of waterlines longitudinal to IH35 from IH35 2924+50 to 3930+00. Wastewater: abandon 340 LF of 8”
wastewater in conflict with pavement & ROW longitudinal to IH35 from IH35 Sta.2934+50 to Sta.2939+65; 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.
Form ROW-U-35 (Rev. 03/24)
Page 2
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
The Utility shall not commence any physical work, including without limitation site preparation, on the State’s right
of way or future right of way, until TxDOT provides the Utility with written authorization to proceed with the physical
work upon TxDOT’s completion and clearance of its environmental review of the Highway Project. Any such work
by the Utility prior to TxDOT’s written authorization to proceed will not be eligible for reimbursement and the Utility
is responsible for entering any property within the proposed limits of the Highway Project that has not yet been
acquired by TxDOT. This written authorization to proceed with the physical work is in addition to the authorization
to commence work outlined below. Notwithstanding the foregoing, the provisions of this paragraph are required
only when TxDOT has not obtained completion and clearance of its environmental review of the Highway Project
prior to the execution of this Agreement by the State and the Utility.
The Utility shall comply with the Buy America provisions 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, if the approved accounting method is a lump sum, 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.
Form ROW-U-35 (Rev. 03/24)
Page 3
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
This agreement in its entirety consists of the following elements:
Standard Utility Agreement – ROW-U-35;
• Plans, Specifications, and Estimated Costs (Attachment “A”);
• Accounting Method (Attachment “B”);
• Schedule of Work (Attachment “C”);
• Statement Covering Contract Work – ROW-U-48 (Attachment “D”);
• Utility Joint Use Agreement – ROW-U-JUA and/or Utility Installation Request – Form 1082 (Attachment
“E”);
• Eligibility Ratio (Attachment “F”);
• Betterment Calculation and Estimate (Attachment “G”); and
• Proof of Property Interest – ROW-U-Affidavit (Attachment “H”).
All attachments are included herein as if fully set forth. In the event it is determined that a substantial change from
the statement of work contained in this agreement is required, reimbursement therefore shall be limited to costs
covered by a modification or amendment of this agreement or a written change or extra work order approved by the
State and the Utility.
This agreement is subject to cancellation by the State at any time up to the date that work under this agreement
has been authorized, and such cancellation will not create any liability on the part of the State. However, the State
will review and reimburse the Utility for eligible costs incurred by the Utility in preparation of this Agreement.
The State Auditor may conduct an audit or investigation of any entity 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.
Form ROW-U-35 (Rev. 03/24)
Page 4
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party represented.
UTILITY EXECUTION RECOMMENDED:
Utility: City of Denton
Name of Utility Director of TP&D (or designee), Dallas District
By:
Authorized Signature
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.
Sara Hensley
Print or Type Name
Title: City Manager
Date:
By:
District Engineer (or designee)
Date:
Form ROW-U-35 (Rev. 03/24)
Page 5
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “A”
Plans, Specifications, and Estimated Costs
All material items within the cost estimate that must meet Buy America or Steel and Iron
Preference Provision requirements must be indicated with an asterisk (*).
Currently, this project does not plan to use iron and steel subject to Buy America
requirements. In the event that Buy America compliant materials are used during
construction on this project, compliance documentation will be provided.
There are non-domestic iron and steel materials in this project that fall under the De
Minimus equation. Calculation showing the total cost does not exceed one-tenth of one
percent (0.1 %) of the individual utility agreement amount or $2,500.00, whichever is
greater is required.
We understand the Buy America Compliance Requirements for iron and steel and will
supply the required documentation to TxDOT indicating compliance with this provision.
The following documents will be supplied prior to installation of the materials:
1) Form 1818 - Material Statement
2) Material Test Reports or Certifications
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City of Denton RCSJ:
IH35E - UPRR Utility ID#:
Line Item / Item Description Unit Quantity $/Unit Total
* Sample Steel item to show (*) indication -$
X Select this row and Insert to add rows. Drag to fill formulas from top cell. -$
OVERHEAD (%) Enter % if applicable 0.00% -$
SUBTOTAL -$
Line Item / Item Description Unit Quantity $/Unit Total
* Gate Valve (8") EA 1 $8,000.00 8,000.00$
* Gate Valve (12") EA 1 $11,000.00 11,000.00$
* Water Service Connection (1") EA 2 $5,000.00 10,000.00$
* Water Service Connection (1.5") EA 1 $7,500.00 7,500.00$
* 2" Air/Vacuum Release Valve EA 1 $15,000.00 15,000.00$
* Fire Hydrant Assembly EA 3 $13,000.00 39,000.00$
PVC Water Main (8") LF 709 $236.00 167,324.00$
PVC Water Main (12") LF 466 $411.00 191,526.00$
SUBTOTAL 449,350.00$
MATERIALS SUBTOTAL
*
X Sum of De
Minimus Items $0.00
Line Item / Item Description Unit Quantity $/Unit Total
Tapping Sleeve & Valve Connection (6") EA 1 $6,000.00 6,000.00$
Tapping Sleeve & Valve Connection (8") EA 2 $7,000.00 14,000.00$
OVERHEAD (%) Enter % if applicable -$
SUBTOTAL 20,000.00$
Line Item / Item Description Unit Quantity $/Unit Total
Mobilization LS 1 $20,000.00 20,000.00$
Project Signs EA 2 $1,000.00 2,000.00$
Utility Line Removal LF 1285 $45.00 57,825.00$
Remove Fire Hydrant EA 3 $2,000.00 6,000.00$
Remove Cleanout EA 1 $2,000.00 2,000.00$
Remove Water Valve EA 4 $2,000.00 8,000.00$
SWPPP Device Installation EA 1 $15,000.00 15,000.00$
SWPPP Device Removal EA 1 $2,500.00 2,500.00$
Asphalt Pavement Repair for Utility Trench YD 80 $300.00 24,000.00$
Concrete Pavement Repair for Utility Trench YD 94 $360.00 33,840.00$
Seeding Turf Grass YD 1005 $4.00 4,020.00$
Black Sod YD 412 $10.00 4,120.00$
Indicated items are being tracked for BUY AMERICA COMPLIANCE and will be documented using Form 1818
and all supporting documentation prior to installation.
Indicated items are IRON or STEEL, but will not be tracked for BUY AMERICA
COMPLIANCE due to falling under the DE MINIMUS of $2,500, or .1% of the project
total cost, whichever is greater.
Internal Labor Costs - documented with Certified Ledger at payment.
External Labor Costs - documented with Invoices and / or checks
449,350.00$
Utility Adjustment for TxDOT Project
UNUMBER:
The cost estimate items must be sufficiently detailed to provide TxDOT with a reasonable basis for analysis. Items should include
appropriate units and unit price for each (See Utility Manual, Chapter 7). Applies to All "EA" or "LS" items.
Internally Supplied Materials - documented with Certified Ledger at Payment
Externally Acquired Materials - documented with Invoices and/or Checks
0195-03-103
U00020852
N/A
TXDOT STANDARD
SUA ESTIMATE
Excavation Protection LF 2460 $1.00 2,460.00$
Locate Existing Utilities EA 1 $20,000.00 20,000.00$
Connection to Existing Main (8") EA 1 $18,000.00 18,000.00$
Connection to Existing Main (12") EA 1 $20,000.00 20,000.00$
Traffic Control Devices MO 1 $5,000.00 5,000.00$
Traffic Control Plan EA 1 $1,000.00 1,000.00$
Select this row and Insert to add rows. Drag to fill formulas from top cell. -$
SUBTOTAL 245,765.00$
LABOR SUBTOTAL
Line Item / Item Description Unit Quantity $/Unit Total
PM Time HR 300 $72.07 21,621.00$
Senior PM Time HR 180 $75.67 13,620.60$
SUBTOTAL 35,241.60$
Engineer Time HR 120 $68.63 8,235.60$
Engineer Tech Time HR 150 $49.54 7,431.00$
SUBTOTAL 15,666.60$
-$
Inspector Time HR 480 $40.95 19,656.00$
SUBTOTAL 19,656.00$
-$
Administration Staff Time HR 80 $56.46 4,516.80$
SUBTOTAL 4,516.80$
OVERHEAD (%) Enter % if applicable 0.00% -$
SUBTOTAL 75,081.00$
Line Item / Item Description Unit Quantity $/Unit Total
-$
Select this row and Insert to add rows. Drag to fill formulas from top cell. -$
SUBTOTAL -$
-$
Select this row and Insert to add rows. Drag to fill formulas from top cell. -$
SUBTOTAL -$
-$
Select this row and Insert to add rows. Drag to fill formulas from top cell. -$
SUBTOTAL -$
Engineering / Administration / Inspection SUBTOTAL
Line Item / Item Description Unit Quantity $/Unit Total
Parcel 5 EA 1 $23,249.00 23,249.00$
Parcel 18 EA 1 $14,017.00 14,017.00$
External Inspection
75,081.00$
Existing Easement Compensation - following Quit Claim / Eligibility Ratio not applied.
ROW PM confirmation of rate required.
External Survey/ Landman
265,765.00$
Internal Engineering - Costs Documented with Certified Ledger at payment.
Internal Survey / Landman
Internal Inspection
Internal Administration
Internal Engineering/ Survey/ Inspection/ Administration Overhead
External Engineering - Cost documented with INVOICES and / or CHECKS
SUBTOTAL 37,266.00$
-$
Select this row and Insert to add rows. Drag to fill formulas from top cell. -$
SUBTOTAL -$
Easement Compensation SUBTOTAL
SUMMARY:Total Project Cost 827,462.00$
General & Administrative OH (TPC * %) 0.00% -$
GROSS COST 827,462.00$
SALVAGE and/or Depreciation CREDIT -$
BETTERMENT RATIO 0.00% Ratio Deduction -$
Amount reimbursable after Betterment and Salvage Credit 827,462.00$
ELIGIBILITY RATIO 100.00%
NET REIMBURSEMENT TO UTILITY 827,462.00$
Version 3.0
Replacement Easement Compensation - following Quit Claim / Eligibility Ratio is applied. ROW
PM must concur with rate. Documentation of actual cost must be supplied at billing.
37,266.00$
From:Mountain Cascade of Texas LLC.
5340 E US Hwy 67
Alvarado, TX 76009
Andrew L. McCulloch
I-35 Utility Relocation at Fort Worth Dr. Frontage Rd. 817-783-3094
7968-006 amcculloch@mountaincascade.com
230009-1 00 42 43 PROPOSAL FORM
Item
NO.Spec. Section No. Description of work UOM BID QTY Unit Price Extended Price
1 01 58 13 Project Signs EA 2 1,000.00$ $2,000.00
2 01 70 00 Mobilization LS 1 20,000.00$ $20,000.00
3 02 41 14 Utility Line Removal LF 1285 45.00$ $57,825.00
4 02 41 14 Remove Fire Hydrant EA 3 2,000.00$ $6,000.00
5 02 41 14 Remove Cleanout EA 1 2,000.00$ $2,000.00
6 02 41 14 Remove Water Valve EA 4 2,000.00$ $8,000.00
7 31 25 14 SWPPP Device Installation EA 1 15,000.00$ $15,000.00
8 31 25 14 SWPPP Device Removal EA 1 2,500.00$ $2,500.00
9 32 01 17 Asphalt Pavement Repair for Utility Trench SY 80 300.00$ $24,000.00
10 32 01 29 Concrete Pavement Repair for Utility Trench SY 94 360.00$ $33,840.00
11 32 93 00 Seeding Turf Grass SY 1,005 4.00$ $4,020.00
12 32 93 00 Block Sod SY 412 10.00$ $4,120.00
13 33 05 05 Excavation Protection LF 2,460 1.00$ $2,460.00
14 33 05 98 Locate Existing Utilities EA 1 20,000.00$ $20,000.00
15 33 14 11 PVC Water Main (8") LF 709 236.00$ $167,324.00
16 33 14 11 PVC Water Main (15") LF 466 411.00$ $191,526.00
17 33 14 17 Water Service Connection (1")* EA 2 5,000.00$ $10,000.00
18 33 14 17 Water Service Connection (1.5")* EA 1 7,500.00$ $7,500.00
19 33 14 20 Gate Valve (8")* EA 1 8,000.00$ $8,000.00
20 33 14 20 Gate Valve (12")* EA 1 11,000.00$ $11,000.00
21 33 14 25 Connection to Existing Main (8") EA 1 18,000.00$ $18,000.00
22 33 14 25 Connection to Existing Main (12") EA 1 20,000.00$ $20,000.00
23 33 14 25 City Performed Tapping Sleeve and Valve Connection (6") EA 1 6,000.00$ $6,000.00
24 33 14 25 City Performed Tapping Sleeve and Valve Connection (8") EA 2 7,000.00$ $14,000.00
25 33 14 30 2" Air/Vacuum Release Valve * EA 1 15,000.00$ $15,000.00
26 33 14 40 Fire Hydrant Assembly * EA 3 13,000.00$ $39,000.00
27 34 71 13 Traffic Control Devices MO 1 5,000.00$ $5,000.00
28 34 71 13 Traffic Control Plan EA 1 1,000.00$ $1,000.00
$715,115.00
I-35 Utility Relocation at Fort Worth Dr. Frontage Rd. Mountain Cascade of Texas LLC.
IFB:
CIP/ENG:
BIDDERS APPLICATION - UNIT PRICE BID
END BID ITEMS
BASE BID AMOUNT (Items 1-28)
PROPOSAL FORM:
City of Denton - Capital Projects
901-A Texas Street
Denton, TX 76209
Erica Garcia/Purchasing Dept.
Form ROW-U-35 (Rev. 03/24)
Page 6
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “B”
Accounting Method
Actual Cost Method of Accounting
The utility accumulates cost under a work order accounting procedure prescribed by the
Federal or State regulatory body and proposes to request reimbursement for actual
direct and related indirect costs.
Lump Sum Method of Accounting
The Utility proposed to request reimbursement based on an agreed lump sum amount
supported by a detailed cost analysis.
Form ROW-U-35 (Rev. 03/24)
Page 7
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “C”
Schedule of Work
Estimated Start Date (mm/dd/yyyy): 7//2024, subject to physical work restrictions
prior to the issuance of environmental clearance as required by the provisions of this
agreement. (If construction will be joint bid and included in the highway contract, enter
the project let date.)
Estimated Duration (number of days): 120
Estimated Completion Date (mm/dd/yyyy): 11//2024
Form ROW-U-35 (Rev. 03/24)
Page 8
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “D”
Statement Covering Contract Work
Construction Contract: Complete form ROW-U-48 and ROW-U-48-1 if applicable.
Utility performing with their own forces (timesheets will be required at the time of billing).
Utility will use outside forces to perform the adjustment, complete attached ROW-U-48
or ROW-U-48-1 (joint bid).
Engineering Contract:
Utility performing with their own forces (timesheets will be required at the time of billing).
Utility will use consultant contract (continuing contract rate sheets or fee schedule will
be required).
TxDOT will procure a utility engineering consultant.
Capital Projects/Engineering
401 N. Elm St., Denton, TX 76201 y (940) 349-8910
OUR CORE VALUES
Inclusion y Collaboration y Quality Service y Strategic Focus y Fiscal Responsibility
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
May 10, 2024
Darla Payberah
TxDOT – Dallas District Utility and Survey Supervisor
4777 E. Highway 80
Mesquite, Texas 76021
214-320-6648
Dear Mrs. Payberah:
This correspondence aims to elucidate the reasons behind the limited participation in the bidding
process for the Fort Worth Drive Bridge Frontage Road (CSJ-088) (RCSJ-103) - Utility ID#:
U00020852 project by the City of Denton.
The City of Denton initiated the solicitation for this project utilizing a Prequalified List of Utility
Relocation Construction Services, consisting of three (3) contractors: Mountain Cascade of
Texas, Oscar Renda Contracting, Inc., and S.J. Louis Construction of Texas, Ltd. However, bids
were only received from Mountain Cascade of Texas and Oscar Renda Contracting, Inc., as
submitted to the City of Denton’s Procurement Office. It's noteworthy that the City lacks the
authority to mandate participation from all parties, hence S.J. Louis Construction of Texas, Ltd.
did not fulfill the bid requirements.
Should you find this letter and its accompanying enclosure insufficient in addressing this matter,
please don't hesitate to contact us for further assistance.
Sincerely,
Shawn Messick
Construction Project Manager
Enclosure(s):
Bid Opportunity Detail
Shawn
Messick
Digitally signed by Shawn
Messick
Date: 2024.05.14 09:46:42
-05'00'
Login
1 2 items in 1 pages
Bid Opportunity Detail
Return to Listing Supplier Registration
Bid Information
Type Invitation for Bid
Status Unsealed
Number 7968-006 (I35-Utility Relocation at Fort Worth Dr. Frontage Rd.)
Issue Date & Time 3/8/2024 05:00:02 PM (CT)
Close Date & Time 4/10/2024 01:00:00 PM (CT)
Duration 1 month 2 days
Notes
IFB 7968-006 - IH-35 UTILITY RELOCATION (Fort Worth Dr Frontage Road)The submittal process may take significant time.The City highly recommends that respondents do not wait until minutes before the due date and time tosubmit proposal.
Submissions via email will not be accepted.
**Hard copy bid bonds are required. **
__________________________________________________________________________________________
A virtual Pre-Bid Meeting will be conducted for this solicitation on Tuesday, March 19th at 9:00 AM CST
Microsoft Teams meetingJoin on your computer, mobile app or room deviceClick here to join the meeting
Meeting ID: 233 150 344 257
Passcode: awQQFb
Download Teams | Join on the web
__________________________________________________________________________________________
A Public Opening will be conducted for this solicitation on Wednesday, April 10, 2024 at 1:45PM CST
To attend the Public Opening in-person, see physical location below:
City of Denton Civic Center
Meeting Room One (Community Room)
321 E McKinney Street
Denton, TX 76201
TO ATTEND PUBLIC OPENING VIRTUALLY, PLEASE USE THE LINK BELOW:
Microsoft Teams meeting
Join on your computer, mobile app or room device
Click here to join the meetingMeeting ID: 217 852 433 223Passcode: 6PHyZaDownload Teams | Join on the web__________________________________________________________________________________________
In accordance with the provisions of Texas State Law, the City of Denton (the City) is requesting submissions to contract withan individual or business with considerable experience in providing goods or services of this solicitation. The responses and thecost solutions shall be submitted to the City of Denton in a sealed submission.
The awarded individual or business shall possess a proven track record of using innovative approaches to providing goods andservices that represent the best value to their clients. The awarded individual or business shall have the ability to accomplishall aspects of the requested services. The selected individual or firm should be able to provide innovative methods to deal withmunicipal challenges, and cost effective solutions.
Only firms prequalified under the Request for Qualifications (RFQ 7968 - Prequalification for Utility Relocation ConstructionServices) portion of this two-step process are allowed to submit bids in response to this Invitation for Bid (IFB). The firms whohave been prequalified are as follows (listed alphabetically):
Mountain Cascade of Texas
Oscar Renda Contracting, Inc.
S.J. Louis Construction of Texas, Ltd.
Contact Info
Name Eric
Address 901
Den
Phone (94
Fax
Email eric
Bid Documents
Document name Format
Bid Invitation Acrobat£/£PDF
Public Question & Answer Acrobat£/£PDF
Bid Attachments
5/2/24, 1:37 PM Denton Vendor Registration
https://dentontx.ionwave.net/PublicDetail.aspx?bidID=1737&ret=CLOS&bidNumber=7968 1/2
1 £3 items in 1 pages
1 £1 items in 1 pages
1 £3 items in 1 pages
File Name Description File Size
7968-006 I-35 Specifications.pdf£(please login to view this document) 7968-006 Specifications 7.66£MB
7968-006 I-35 Utility Relocation Ft Worth Dr Frontage Project Manual Sealed.pdf£(please
login to view this document)
7968-006 Utility Relocation Project Manual 5.88£MB
7968-006 00 42 43 Unit Price Bid Form.xlsx£(please login to view this document) 7968-006 Unit Price Bid Form 00 42 43 33£KB
Bid Event Participation Activity
£Activity Date Activity Name Description
3/19/2024 09:00:00 AM (CT) Pre-Bid Conference A non-mandatory pre-bid conference will be available to interested contractors.
Attendance at the pre-bid conference is strongly encouraged prior to submission of a
response.
£
Instructions to attend the virtual pre-bid conference, please see events details tab.£
Plan Holders
Supplier Name£ City State Contact Name Email Phone
mountain cascade of texas Alvarado TX Cody Sears codys@mountaincascade.com (817) 783-3094
Oscar Renda Contracting, Inc. Grapevine TX Janie Rodriguez bidding@southlandholdings.com (817) 293-4263
S.J. Louis Construction of Texas, Ltd Mansfield TX Adam Lunsford AdamL@sjlouis.com (817) 477-0320
5/2/24, 1:37 PM Denton Vendor Registration
https://dentontx.ionwave.net/PublicDetail.aspx?bidID=1737&ret=CLOS&bidNumber=7968 2/2
From:Mountain Cascade of Texas LLC.
5340 E US Hwy 67
Alvarado, TX 76009
Andrew L. McCulloch
I-35 Utility Relocation at Fort Worth Dr. Frontage Rd. 817-783-3094
7968-006 amcculloch@mountaincascade.com
230009-1 00 42 43 PROPOSAL FORM
Item
NO.Spec. Section No. Description of work UOM BID QTY Unit Price Extended Price
1 01 58 13 Project Signs EA 2 1,000.00$ $2,000.00
2 01 70 00 Mobilization LS 1 20,000.00$ $20,000.00
3 02 41 14 Utility Line Removal LF 1285 45.00$ $57,825.00
4 02 41 14 Remove Fire Hydrant EA 3 2,000.00$ $6,000.00
5 02 41 14 Remove Cleanout EA 1 2,000.00$ $2,000.00
6 02 41 14 Remove Water Valve EA 4 2,000.00$ $8,000.00
7 31 25 14 SWPPP Device Installation EA 1 15,000.00$ $15,000.00
8 31 25 14 SWPPP Device Removal EA 1 2,500.00$ $2,500.00
9 32 01 17 Asphalt Pavement Repair for Utility Trench SY 80 300.00$ $24,000.00
10 32 01 29 Concrete Pavement Repair for Utility Trench SY 94 360.00$ $33,840.00
11 32 93 00 Seeding Turf Grass SY 1,005 4.00$ $4,020.00
12 32 93 00 Block Sod SY 412 10.00$ $4,120.00
13 33 05 05 Excavation Protection LF 2,460 1.00$ $2,460.00
14 33 05 98 Locate Existing Utilities EA 1 20,000.00$ $20,000.00
15 33 14 11 PVC Water Main (8") LF 709 236.00$ $167,324.00
16 33 14 11 PVC Water Main (15") LF 466 411.00$ $191,526.00
17 33 14 17 Water Service Connection (1")* EA 2 5,000.00$ $10,000.00
18 33 14 17 Water Service Connection (1.5")* EA 1 7,500.00$ $7,500.00
19 33 14 20 Gate Valve (8")* EA 1 8,000.00$ $8,000.00
20 33 14 20 Gate Valve (12")* EA 1 11,000.00$ $11,000.00
21 33 14 25 Connection to Existing Main (8") EA 1 18,000.00$ $18,000.00
22 33 14 25 Connection to Existing Main (12") EA 1 20,000.00$ $20,000.00
23 33 14 25 City Performed Tapping Sleeve and Valve Connection (6") EA 1 6,000.00$ $6,000.00
24 33 14 25 City Performed Tapping Sleeve and Valve Connection (8") EA 2 7,000.00$ $14,000.00
25 33 14 30 2" Air/Vacuum Release Valve * EA 1 15,000.00$ $15,000.00
26 33 14 40 Fire Hydrant Assembly * EA 3 13,000.00$ $39,000.00
27 34 71 13 Traffic Control Devices MO 1 5,000.00$ $5,000.00
28 34 71 13 Traffic Control Plan EA 1 1,000.00$ $1,000.00
$715,115.00
I-35 Utility Relocation at Fort Worth Dr. Frontage Rd. Mountain Cascade of Texas LLC.
IFB:
CIP/ENG:
BIDDERS APPLICATION - UNIT PRICE BID
END BID ITEMS
BASE BID AMOUNT (Items 1-28)
PROPOSAL FORM:
City of Denton - Capital Projects
901-A Texas Street
Denton, TX 76209
Erica Garcia/Purchasing Dept.
From:Oscar Renda Contracting, Inc.
1100 Kubota Dr
Grapevine TX 76051
Jon Dorma VP Preconstr
I-35 Utility Relocation at Fort Worth Dr. Frontage Rd. 817.293.4263
7968-006 JDorma@SouthlandHoldings.com
230009-1 00 42 43 PROPOSAL FORM
Item
NO.Spec. Section No. Description of work UOM BID QTY Unit Price Extended Price
1 01 58 13 Project Signs EA 2 4,500.00$ $9,000.00
2 01 70 00 Mobilization LS 1 270,000.00$ $270,000.00
3 02 41 14 Utility Line Removal LF 1285 700.00$ $899,500.00
4 02 41 14 Remove Fire Hydrant EA 3 5,000.00$ $15,000.00
5 02 41 14 Remove Cleanout EA 1 12,500.00$ $12,500.00
6 02 41 14 Remove Water Valve EA 4 675.00$ $2,700.00
7 31 25 14 SWPPP Device Installation EA 1 75,000.00$ $75,000.00
8 31 25 14 SWPPP Device Removal EA 1 5,000.00$ $5,000.00
9 32 01 17 Asphalt Pavement Repair for Utility Trench SY 80 575.00$ $46,000.00
10 32 01 29 Concrete Pavement Repair for Utility Trench SY 94 1,000.00$ $94,000.00
11 32 93 00 Seeding Turf Grass SY 1,005 2.00$ $2,010.00
12 32 93 00 Block Sod SY 412 25.00$ $10,300.00
13 33 05 05 Excavation Protection LF 2,460 12.00$ $29,520.00
14 33 05 98 Locate Existing Utilities EA 1 75,000.00$ $75,000.00
15 33 14 11 PVC Water Main (8") LF 709 500.00$ $354,500.00
16 33 14 11 PVC Water Main (15") LF 466 750.00$ $349,500.00
17 33 14 17 Water Service Connection (1")* EA 2 12,500.00$ $25,000.00
18 33 14 17 Water Service Connection (1.5")* EA 1 16,000.00$ $16,000.00
19 33 14 20 Gate Valve (8")* EA 1 14,000.00$ $14,000.00
20 33 14 20 Gate Valve (12")* EA 1 23,000.00$ $23,000.00
21 33 14 25 Connection to Existing Main (8") EA 1 19,000.00$ $19,000.00
22 33 14 25 Connection to Existing Main (12") EA 1 19,250.00$ $19,250.00
23 33 14 25 City Performed Tapping Sleeve and Valve Connection (6") EA 1 28,000.00$ $28,000.00
24 33 14 25 City Performed Tapping Sleeve and Valve Connection (8") EA 2 24,000.00$ $48,000.00
25 33 14 30 2" Air/Vacuum Release Valve * EA 1 65,000.00$ $65,000.00
26 33 14 40 Fire Hydrant Assembly * EA 3 47,780.00$ $143,340.00
27 34 71 13 Traffic Control Devices MO 1 60,000.00$ $60,000.00
28 34 71 13 Traffic Control Plan EA 1 15,060.00$ $15,060.00
$2,725,180.00
I-35 Utility Relocation at Fort Worth Dr. Frontage Rd. Oscar Renda Contracting, Inc.
IFB:
CIP/ENG:
BIDDERS APPLICATION - UNIT PRICE BID
END BID ITEMS
BASE BID AMOUNT (Items 1-28)
PROPOSAL FORM:
City of Denton - Capital Projects
901-A Texas Street
Denton, TX 76209
Erica Garcia/Purchasing Dept.
Form ROW-U-35 (Rev. 03/24)
Page 9
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “E”
Utility Joint Use Agreement – (ROW-U-JUA) and/or
RULIS Permit
Utility Joint Use Agreement (ROW–U–JUA)
Plans with joint use area highlighted are included.
RULIS Permit Number: 00002/20231030/20682/40093/UP
The utility should obtain an approved permit before the start of
construction inside of the highway right of way.
Quitclaim will be submitted at the Final Billing
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Form ROW-U-35 (Rev. 03/24)
Page 10
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “F”
Eligibility Ratio
Eligibility Ratio established: 100 %
Non-interstate Highway (Calculations attached)
Interstate Highway
Toll Road
SP2125 Approved Application (100%)
Minute Order #:
Master Utility Agreement
ROW Utility Manual Chapter 8, Section 2
In developing the ratio, line length or number of poles is restricted to facilities located
within the existing and proposed highway right of way. Facilities located outside the
existing and proposed right of way limits will not be used in developing the ratio.
Please see example of eligibility ratio calculations below.
Plan Sheet or
Page#
In Easement
(Eligible)
Existing # of Poles
or LF
In Public ROW
(Ineligible)
Existing # of Poles
or LF
1 0 0
2 84 22
3 90 385
4 238 96
Totals 412 503
Total Existing # of Poles or LF (Eligible) 412
Total Existing # of Poles or LF (Ineligible) 503
Total Existing # of Poles or LF 915
Total Existing # of Poles or LF (Eligible)
divided by the Total Existing # of Poles or LF 45.03%
Form ROW-U-35 (Rev. 03/24)
Page 11
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “G”
Betterment Calculation and Estimate
Elective Betterment Ratio established: %
Calculation is attached and the justification is included below
A betterment and an in-kind estimate are included
Forced Betterment
To comply with regulated industry standards, laws, and
regulations. (Supporting documentation required)
To comply with published current design practice followed by the
utility in its own work. (Supporting documentation required)
Due to proposed roadway design. (Provide explanation below)
Not Applicable
A statement explaining Elective and/or Forced Betterment:
See narrative description and supporting documents, next pages.
Attachment G: Forced Betterment
Easement Justification
The city has had an ordinance in place prior to 2013 (see backup pages for time stamp date of
ordinance) that requires utilities to be placed in an easement when adjacent to TxDOT ROW. Therefore,
due to this ordinance, and the necessary relocation of water and sewer lines outside of the TxDOT ROW
and to comply with UAR, the City has obtained easements for this project, following the State Uniform
act and has performed independent TxDOT appraisals for all parcels and is seeking reimbursement for
these acquisitions.
Water Comparison HDPE to DIP
See signed letter from City on page 5.
See attached letter
401 N ELM STREET Ŷ DENTON, TEXAS Ŷ 76201 Ŷ 940.349.8451
DEVELOPMENT SERVICES DEPARTMENT
“Dedicated to Quality Service”
www.cityofdenton.com
July 11, 2024
Ms Darla Payberah
TxDOT –Dallas District
4777 East Highway 80
Mesquite, TX 75150
SUBJECT: 20’Utility Easement Along TxDOT Rights-of-Way
Dear Ms. Payberah,
All utilities in a development shall be provided in street rights-of-way except in special
circumstances, one of which being when the development is along a TxDOT right-of-way. The
City of Denton requires a minimum 20’ utility easement along all TxDOT right of ways. This
has been in effect since the adoption of the 2002 Denton Development Code in subsection
35.21.4 and was carried over to the 2019 Denton Development Code in subsection 7.6.7.
If you have any questions, you may contact me at 940-349-8351 or via email at
erin.stanley@cityofdenton.com.
Sincerely,
Erin Stanley
Assistant Planner
Form ROW-U-35 (Rev. 03/24)
Page 12
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “H”
Proof of Property Interest
Supporting documentation of compensable property interest that establishes
reimbursement eligibility as referenced in Texas Transportation Code §203.092.
Property interest documented through applicable affidavits and required
attachments.
ROW-U-Affidavit
The roadway improvement project is designated as an Interstate Highway project;
therefore, no supporting documentation of compensable interest is required. Supporting
documentation for existing easements is required for easement replacement.
Toll Road (Supporting documentation of compensable property interest required if
more than 50% eligibility ratio is applied)
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Master Utility Agreement
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Received/Reviewed by COD Legal ______________ ___________
Initials Date
DD Real Estate ______________ ___________
(PDF to be signed/certified via Adobe Acrobat) Initials Date
RE Submitted for Approval By: _________________ ___________
Name Date
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Received/Reviewed by COD Legal ______________ ___________
Initials Date
DD Real Estate ______________ ___________
(PDF to be signed/certified via Adobe Acrobat) Initials Date
RESubmitted for Approval By: _________________ ___________
Name Date
Important Note: A parcel folder has been created specifically for legal review – please see the below
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