23-1427ORDINANCE NO. 23-1427
AN ORDINANCE APPROVING A WATER AND WASTEWATER UTILITY RELOCATION
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 rNCURRED IN THE ADJUSTMENT.
REMOVAL, AND RELOCATION OF CITY FACILITIES OF BOTH WATER AND
WASTEWATER UTILITIES ALONG 1-35E FROM THE MERGE TO US 380/UNIVERSITY
UTILITY RELOCATIONS PROJECT (TXDOT ROW CSJ# 0195-02-074; UOOO 18402), WITHIN
THE COUNTY AND CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER.
OR DESIGNEE, TO EXECUTE AND DELIVER THE AGREEMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $20,773,015.32 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 From Merge to US 380 Utility Relocation Project (“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)Potable Water line: relocate approximately 505 LF of 20" HDPE, 1,662 LF of 12" PVC,
4,168 LF of 8" PVC, 15 LF of 6" PVC longitudinal to IH-35 from IH-35 STA 2015+80
to IH-35 STA 2120+90. Install approximately 160 LF of 30" steel casing, 1,043 LF of
24" steel casing, and 953 LF of 18" steel casing longitudinal to IH-35 with one IH-35
crossing at STA 2051+90. Approximately 406 LF of 20", 2,288 LF of 16", 1,920 LF of
12", 213 LF of 1 0", 9,124 LF of 8", and 1,967 LF of 6" water line to be abandoned
Wastewater Line: relocate approximately 110 LF of 21 " PVC gravity sewer, 446 LF of
15" PVC gravity sewer, 1,532 LF of 10" PVC gravity sewer, 1,623 LF of 8" PVC gravity
sewer longitudinal to IH-35 from IH 35 STA 2015+80 tp IH-35 STA 2120+90. Install
approximately 675 LF of 48" steel casing, 1,099 LF of 24" steel casing, and 177 LF of
18" steel casing longitudinal to IH-35 with two IH-35 crossings at STA 2017+63 and
STA 2068+15. Approximately 2,940 LF of 15", 134 LF of 12", 4,953 LF of 10", 1,883
LF of 8", and 94 LF of 8" wastewater line to be abandoned; and more specifically as
shown in the Utility’s plans, specifications, and estimated costs, which are attached
hereto as Attachment “A”.
2)
WHEREAS, the City of Denton is responsible for relocating the City’s utilities currently
located within the recently acquired TxDOT right-of-way; 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 the 1-35 Merge to US-380; 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 authorized to expend fung in the amount
of expenditure of funds in the amount of Twenty Million, Seventy Hundred and Seventy-Three
Thousand, Fifteen and 32/100 Dollars ($20,773,015.32) for the 1-35 From Merge to US 380 Utility
Relocation Project in the City and County of Denton.
SECTION 3. The City Manager, or designee, is hereby authorized to execute on behalf
of the City the Water and Wastewater Standard Utility Agreement No. U00018402, a copy of
which is attached hereto as Exhibits " A" and made a part hereof for all purposes.
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, including but not limited to the
expenditure of funds.
SECTION 5. That this ordinance shall become effective immediately upon its passage
and approval.
[Signatures to appear on the following page]
2
Th, m,ti,„ t, ,pp„y, thi, „di„,„„ w„ m,d, by grt&"
seconded by R„ I Mel +ta . The orc
the following vote LZ - a :
%cl ,IId
passed and approved by
Nay 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 :
Chris Watts, At Large Place 6:
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,/
/
PASSED AND APPROVED thi, th, Jrf-d,y ,f A US„sI _, 2023.
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ATTEST:
JESUS SALAZA
By
:ITY SECRETARY b\\\tt 1111111
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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By:
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EXHIBIT A
Fam ROVVU-35
(Rev. 10/20)
Page 1
STANDARD UTILITY AGREEMENT
U Number: N/A Utility ID: U00018402
District: Dallas
Federal Project No.: N/A
ROW CSJ: 0195-03-074
Highway Project Letting Date: Sept 2023
County: Denton
Highway: IH35
From: IH-35W SPLIT
To: US-380
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: Potable Water Line:Relocate approximately
505 LF of 20" HDPE, 1,662 LF of 12" PVC, 4,168 LF of 8" PVC, 15 LF of 6" PVC longitudinal to IH-35 from IH-35
STA 2015+80 to IH-35 STA 2120+90. Install approximately 160 LF of 30" steel casing, 1,043 LF of 24" steel casing,
and 953 LF of 18" steel casing longitudinal to IH-35 with one IH-35 crossing at STA 2051 +90. Approximately 406
LF of 20", 2,288 LF of 16", 1,920 LF of 12", 213 LF of 10", 9,124 LF of 8", and 1,967 LF of 6" water line to be
abandoned
Wastewater Lines: Relocate approximately 1 10 LF of 21" PVC gravity sewer, 446 LF of 15" PVC gravity sewer,
1,532 LF of 10" PVC gravity sewer, 1,623 LF of 8" PVC gravity sewer longitudinal to IH-35 from IH-35 STA 2015+80
tp tH-35 STA 2120+90. Install approximately 675 LF of 48" steel casing, 1,099 LF of 24" steel casing, and 177 LF
of 1 8" steel casing longitudinal to IH-35 with two IH-35 crossings at STA 2017+63 and STA 2068+15. Approximately
2,940 LF of 15". 134 LF of 12". 4,953 LF of 10", 1,883 LF of 8", and 94 LF of 8" wastewater line to be abandoned;
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. SS 4601, et seq., the National
Environmental Policy Act, 42 U.S.C. SS 4321, et seq., the Buy America provisions of 23 U.S.C. S 313 and 23 CFR
Initial Date
TxDOT
Initial Date
Utility
Form ROVWU-35
(Rev. 10/20)
Page 2
635.410, as amended, Texas Transportation Code S 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
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. S 313, 23 CFR 635.410, as amended, and
the Steel and Iron Preference provisions of Texas Transportation Code S 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
Initial Date
TxDOT
Initial Date
Utility
Form ROVVU-35
(Rev. 10/20)
Page 3
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.
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
Initial Date
TxDOT
Initial Date
Utility
Form ROVVU-35
(Rev. 10/20)
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 EXECUTION RECOMMENDED:
Utility:City of Denton
Name of Utility Director of TP&D (or designee) , Dallas District
By:
Authorized Signature
THE STATE OF TEXAS
Print or Type Name
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.
Title:
Date:
By:
District Engineer (or designee)
Date:
Initial Date
TxDOT
Initial Date
Utility
Form ROVWU-35
(Rev. 10/20)
Page 5
Attachment “A“
Plans, Specifications, and Estimated Costs
All material items within cost estimate that must meet Buy America or Steel and Iron
Preference Provision requirements must be indicated with an asterisk (*).
n Currently, we do not have Buy America required materials planned for this project. In
the event that Buy America compliant materials are used during construction on this
project, compliance documentation will be provided.
a 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 .
E We understand the Buy America Compliance Requirements and will supply the required
documentation to TxDOT indicating compliance with this provision. The following
documents will be supplied prior to installation of the materials:
1 ) Form 1818 - Material Statement
2) Material Test Reports or Certifications
Initial Date
TxDOT
Initial Date
Utility
Form ROW-U-35
(Rev. 10/20)
Page 6
Attachment “B“
Accounting Method
A 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.
a 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
TxDOT
Initial Date
Utility
Form ROW-U-35
(Rev. 10/20)
Page 7
Attachment “C“
Schedule of Work
Estimated Start Date: 9/1 1/2023, (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: 03/9/2024
Initial Date
TxDOT
Initial Date
Utility
Form ROW-U-35
(Rev 10/20)
Page 8
Attachment “D“
Statement Covering Contract Work
(ROW–U-48)
(ROW–U–48–1 , if applicable)
Construction Contract:
Utility performing with their own forces (timesheets will be required at the time of billing).
Utility will use outside forces to perform the adjustment, complete attached ROW-U-48
or ROW-U-48-1 aoint bid).
n
K
Engineering Contract:
Utility performing with their own forces (timesheets will be required at the time of billing).
Utility will use consultant contract (continuing contract rate sheets or fee schedule will
be required).
TxDOT will procure utility consultant.
E
A
=
Initial Date
TxDOT
Initial Date
Utility
STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK
(AS APPEARING IN ESTIMATE)
Form ROW.Udj8
(Rev. 10/20}
Page 1 of I
U-Number: N/A Utility ID: U00018402
ROW CSJ Number: 0195-03-074 District: Dallas
County: Denton
Federal Project No.: N/A
Highway No.: 1H 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 it appears in the
estimate to which this statement is attached.
It is more economical and/or expedient for Owner to contract this adjustment, or Owner is not adequately staffed or equipped
to perform the necessary work on this project with its own forces to the extent as indicated on the estimate.
Procedure to be Used in Contracting Work
E
E
A.
B.
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.
Solicitation for bids is to be accomplished by circulating to a list of pre-qualified contractors or known qualified
contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity
with the requirements and specifications for the work to be performed. Associated bid tabulations will be provided to
the State. Such presently known contractors are listed below:
1
2.
3
4
5
Mountain Cascade
SJ Louis
Oscar Renda
n 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.
a 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).
n 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
in this area, so that the work can be coordinated with the other construction operations; and the construction
contract is to be awarded by the State to the lowest qualified bidder who submits a proposal in conformity with the
requirements and specifications for the work to be performed. If this option is chosen, attach form ROW-U-48-1, the
terms of which are incorporated herein by reference.
Signature
Title
Date
Form ROW-U-35
(Rev. 10/20)
Page 9
Attachment “E“
Utility Joint Use Agreement – (ROW-U-JUA) and/or
Utility Installation Request – (Form 1082)
[] Utility Joint Use Agreement (ROW–U–JUA)
XI Utility Installation Review/Permit Number: DAL202304251 10214
and DAL20230424135832
Initial Date
TxDOT Initial Date
Utility
Form ROW-U-35
(Rev. 10/20)
Page 10
Attachment “F“
Eligibility Ratio
Eligibility Ratio established: 100 %
D
N
Non-interstate Highway (Calculations attached)
Interstate Highway
ROW Utility Manual Chapter 8, Section 2
In developing the ratio, line length or number of poles is restricted to facilities located
within the existing and proposed highway right of way. Facilities located outside the
existing and proposed right of way limits will not be used in developing the ratio.
Please see example of eligibility ratio calculations below.
In Easement
(Eligible)
Existing # of Poles
or LF
In Public ROW
(Ineligible)
Existing # of Poles
or LF
Plan Sheet or
Page#
84
90
238
412Totals
Total Existing # of Poles or LF :jjqjble
Total Existing # of Poles or LF (tnel6 ible
Total Existing # of Poles or LF
Total Existing # of Poles or LF (Eligible)
divided by the Total Existing # of Poles or LF
412
503
915
45.03%
Initial Date
TxDOT
Initial Date
Utility
Form ROW-U-35
(Rev. 10/20)
Page 11
Attachment “G“
Betterment Calculation and Estimate
H
N
n
Elective Betterment Ratio established: %
(Calculation attached and justification below)
Forced Betterment
(Provide supporting documentation)
Not Applicable
Elective betterment justification statement:
See narrative description and supporting documents, next pages.
Initial Date
TxDOT
Initial Date
Utility
Form ROW-U-35
(Rev. 10/20)
Page 12
Attachment “H“
Proof of Property Interest
[X Supporting documentation of compensable property interest that establishes
reimbursement eligibility as referenced in Texas Transportation Code 5203.092.
[] Property interest documented through applicable affidavits and required
attachments.
[] ROW-U-Affidavit
XI The roadway improvement project is designated as an Interstate Highway project;
therefore, no supporting documentation of compensable interest is required.
Initial Date
TxDOT
Initial Date
Utility