10-6-2020 packet_202010021153119133Daiquiri Beebe, Ward 1
Russell Humphrey, Ward 2
Blake Irving, Ward 3
Mayor Pro Tem Joe P. Rodriquez, Ward 4
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
Bert Lyle, Position 1 At-Large
Dee Howard Mullins, Position 2 At-Large
Clyde D. Loll, Position 3 At-Large
Mari Montgomery, Position 4 At-Large
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, OCTOBER 6, 2020
WORKSHOP 4:30 P.M. | REGULAR SESSION 6:00 P.M. IN CITY COUNCIL CHAMBERS,
HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340
City hall will implement 6-foot social distancing for those in attendance. The City reserves the right to take temperatures of those
wanting to attend and requires attendees to wear face masks. The City reserves the right to deny access to the meeting because of
the above requirements for the safety of its citizens. For those who cannot attend because of the social distancing requirements or
for the reasons listed above, the meeting will be broadcast live on the City website at www.HuntsvilleTX.gov/Meetings or on
Facebook. The meeting will be recorded, and such recordings will be made available on the City website at www.HuntsvilleTX.gov.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the
City Secretary’s office (936.291.5413), two working days prior to the meeting for appropriate arrangements.
WORKSHOP [4:30 P.M.] The City Council will hear a presentation by Randall Scott regarding the design of City
Hall for Bond Proposition 2.
MAIN SESSION [6:00 P.M.]
CALL TO ORDER
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God,
one, and indivisible.
PROCLAMATION – HISD Dyslexia Month
1. CONSENT AGENDA
Public comments will be called for by the presiding officer before action is taken on these items. (Approval of
Consent Agenda authorizes the City Manager to implement each item in accordance with staff
recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for
full discussion by request of a member of Council.)
a. Approve the minutes of the City Council meetings held on September 14 & 15, 2020. [Brenda Poe, City
Secretary]
b. Consider continued phone and data services with Verizon Wireless through the State of Texas Department
of Information Resources (DIR) contract. [Bill Wavra, IT Director]
c. Consider renewal of annual software maintenance with Tyler Technologies for Finance and Public Safety.
[Bill Wavra, IT Director]
d. Consider adoption of Ordinance 2021-02 to amend the budget for FY 20-21 and/or CIP Project budgets.
[Steve Ritter, Finance Director]
e. Consider approving the Payment Agreement with Walker County Appraisal District. [Steve Ritter, Finance
Director]
2. STATUTORY AGENDA
a. Consider authorizing the City Manager to enter into a Utility Agreement with Texas Department of
Transportation (TxDOT) for relocating water and sewer lines along and across IH-45 within the City limits.
[Y. S. “Ram” Ramachandra, City Engineer]
b. Consider approving an Amendment to the Option to Purchase and Agreement to Pursue Water Supply
between City of Huntsville and Montgomery County Municipal Utility Districts Number 8 and 9. [Brent S.
Sherrod, P.E., Director of Public Works]
c. Consider approving the Use of Reclaimed Water Agreement between City of Huntsville and Sam
Houston State University. [Brent S. Sherrod, P.E., Director of Public Works]
3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider approving nominees for City boards, committees, and commissions. [Andy Brauninger, Mayor]
4. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion.
No action will be taken.
None submitted.
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
6. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which
no action will be discussed or taken.)
7. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.071 – consultation with legal counsel on a matter in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts
with chapter 551 relating to and for the purpose of attorney-client communications concerning the City of
Huntsville New Police Headquarters and Fire Station #2/Fire Administration Building Project.
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.071 – consultation with counsel on legal matters regarding a Mobile Food Vendor Court on property
located at 275 FM 247.
c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee, concerning City Judge John Gaines.
d. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee, concerning City Attorney Leonard Schneider.
e. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee, concerning City Manager Aron Kulhavy.
8. RECONVENE
Take action on items discussed in executive session, if needed.
ADJOURNMENT
*If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive
session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section
551.071 – consultation with counsel on legal matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property;
551.073 – deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 – implementation of security personnel or devices;
551.087 – deliberation regarding economic development negotiation; Sec. 551.089 - deliberation regarding security devices or security audits;
and/or other matters as authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with the Texas
Government Code as set out above, the City Council will reconvene in Open Session to take action, if necessary, on the items addressed
during Executive Session.
CERTIFICATE
I, Brenda Poe, City Secretary, do hereby certify that a copy of the October 6, 2020 City Council agenda was posted on the City Hall
bulletin board, a place convenient and readily accessible to the general public at all times, and to the City’s website,
www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING: 10/1/2020
TIME OF POSTING: 10:45 am ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 14th
DAY OF SEPTEMBER 2020, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY
OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:00 P.M.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Daiquiri Beebe, Blake Irving (arrived at 5:01 pm), Russell Humphrey, Bert
Lyle, Joe P. Rodriquez, Andy Brauninger, Clyde D. Loll, Mari Montgomery
COUNCILMEMBERS ABSENT: Dee Howard Mullins
OFFICERS PRESENT: Brenda Poe, City Secretary; Leonard Schneider, City Attorney
MAIN SESSION [6:00 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 5:00 p.m.
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God,
one, and indivisible.
Mayor Pro Tem Rodriquez gave the invocation and Mayor Brauninger led the pledges.
1. PUBLIC HEARING on the FY 20-21 proposed Budget.
The Mayor called the public hearing to order at 5:02 p.m. Finance Director Steve Ritter presented the budget.
No comment was made in favor or opposition of the proposed budget. The hearing was closed at 5:04
2. STATUTORY AGENDA
a. Consider postponing approval of the fiscal year 2020 – 2021 Budget to the September 15, 2020
Council meeting. [Steve Ritter, Finance Director]
Mayor Pro Tem Rodriquez made a motion to postpone approval of the fiscal year 2020 - 2021 Budget to
the September 15, 2020 Council meeting; the motion was seconded by Councilmember Lyle. The motion
was adopted, 8-0.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 5:05 pm
Brenda Poe, City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Brenda Poe, City Secretary Andy Brauninger, Mayor
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 15th
DAY OF SEPTEMBER 2020, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY
OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Daiquiri Beebe, Blake Irving, Russell Humphrey, Dee Howard Mullins,
Bert Lyle, Joe P. Rodriquez, Andy Brauninger, Clyde D. Loll, Mari Montgomery
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Brenda Poe, City Secretary; Leonard Schneider, City Attorney
MAIN SESSION [6:00 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God,
one, and indivisible.
Councilmember Irving gave the invocation and Mayor Brauninger led the pledges.
1. PUBLIC HEARING on the Tax Year 2020 (FY 20-21) Tax Rate for the City.
The Mayor called the hearing to order at 6:02 p.m. Finance Director Steve Ritter spoke on the State Statue to
hold this hearing. There were no comments from the public regarding the Tax Rate. The hearing was closed
at 6:04 p.m.
2. CONSENT AGENDA
Public Comments will be called for by the presiding officer before action is taken on these items.
(Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with
staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory
Agenda for full discussion by request of a member of Council.)
a. Approve the minutes of the City Council meeting held on September 1, 2020. [Brenda Poe, City
Secretary]
b. Move to adopt Resolution 2020-28 designating The Huntsville Item as the official newspaper
for the City of Huntsville through Fiscal Year 2021-2022, commencing October 1, 2020.
[Brenda Poe, City Secretary]
c. Consider adoption of Ordinance 2020-45 to amend the budget for FY 19-20 and/or CIP Project
budgets. [Steve Ritter, Finance Director]
d. Consider authorizing the City Manager to approve a contract with TML MultiState
Intergovernmental Employee Benefits Pool (IEBP) for health insurance administrative fees and
fully insured dental premiums. [Julie O’Connell, Human Resources Director]
Item 2c was pulled and moved to 3d by Mayor Brauninger. City Secretary Poe pointed out an amended
Resolution 2020-28 naming the Huntsville Item the official newspaper for one year per the City Charter.
Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by
Councilmember Loll. The motion was adopted, 9-0.
3. STATUTORY AGENDA
a. Consider approval of Ordinance 2020-43 to adopt the Fiscal Year 2020-2021 Budget. [Steve Ritter,
Finance Director] ROLL CALL VOTE
Councilmember Montgomery made a motion to approve Ordinance 2020-43 to adopt the Fiscal Year
2020 – 2021 Budget with all policies, fees, rates, and provisions as referenced therein; the motion was
seconded by Councilmember Lyle. The motion was adopted, 9-0. Roll Call vote was conducted as
follows: Councilmember Lyle voted yes, Councilmember Irving voted yes, Councilmember Montgomery
voted yes, Councilmember Lyle voted yes, Mayor Brauninger voted yes, Mayor Pro Tem Rodriquez
voted yes, Councilmember Beebe voted yes, Councilmember Humphrey voted yes, and Councilmember
Howard Mullins voted yes.
b. Consider approval of Ordinance 2020-44 to adopt the Tax Rate and levying taxes for the City of
Huntsville for the Fiscal Year 2020-2021. [Steve Ritter, Finance Director]
Councilmember Loll made a motion to adopt Ordinance 2020-44 adopting the Tax Rate and levying taxes
for the City of Huntsville for the Fiscal Year 2020-2021; the motion was seconded by Mayor Pro Tem
Rodriquez. The motion was adopted, 9-0.
c. Consider ratifying the increased property tax revenues of $298,050 reflected in the Fiscal Year
2020-2021 Budget as adopted. [Steve Ritter, Finance Director]
Mayor Pro Tem Rodriquez made a motion to ratify the increased property tax revenues of $298,050
reflected in the Fiscal Year 2020-2021 Budget as adopted; the motion was seconded by Councilmember
Beebe and Montgomery. The motion was adopted, 9-0.
d. Consider adoption of Ordinance 2020-45 to amend the budget for FY 19-20 and/or CIP Project
budgets. [Steve Ritter, Finance Director] (Item 2c was moved to 3d by Mayor Brauninger)
Councilmember Beebe made a motion to adopt Ordinance 2020-25 to amend the budget for FY19-20
and/or CIP Project budgets; the motion was seconded by Councilmember Lyle. The motion was adopted,
9-0.
4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider approving nominees for City boards, committees, and commissions. [Andy Brauninger,
Mayor]
The Mayor moved his nominations as presented. The motion was adopted, 9-0.
Huntsville Cemetery Advisory Board –
James Patton, Joe Boaz, and Donna Coffen
Huntsville Housing Authority – Sally Dowis and
Vera Demman, Resident Commissioner
b. Consider amending the Schedule of Fees and Charges for the FY 2020-2021 Budget to change the
multiplier on outside city limit water rates from 1.75 to 1.50 and adopt Ordinance 2020-37. [Joe
Rodriquez, Mayor Pro Tem]
Mayor Pro Tem Rodriquez made a motion to approve amending the Schedule of Fees and Charges for
the FY 2020-2021 Budget to change the multiplier on outside city limit water rates from 1.75 to 1.50 and
adopt Ordinance 2020-37; the motion was seconded by Councilmember Loll. Larry Stephenson spoke in
favor of changing the water rate. Joseph Cochran asked that Council to consider the elderly affected by
the rate change. Charles Capps spoke again the rate being increased so quickly. Brooke Burns spoke in
favor of reducing the rates. The motion was adopted, 6-3, with Councilmember Beebe, Humphrey, and
Howard Mullins voting against.
c. Consider authorizing City Manager/designee to amend the City of Huntsville Policy and
Procedures Manual - Section 7.01 to take affect starting October 1, 2020 making June 19th an
official City Holiday and giving Veterans Day off to all Veterans employed with the City of
Huntsville. [Blake Irving, Councilmember Ward 3]
Councilmember Irving made a motion to authorize City Manager/designee to amend the City of
Huntsville Policy and Procedures Manual - Section 7.01 to take affect starting October 1, 2020 making
June 19th an official City Holiday and giving Veterans Day off to all Veterans employed with the City of
Huntsville; the motion was seconded by Councilmember Montgomery. The motion was adopted, 6-3,
with Mayor Brauninger, Mayor Pro Tem Rodriquez, and Councilmember Montgomery voting against.
5. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.
None
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None
7. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and
City staff, for which no action will be discussed or taken.)
The Mayor reported that nearly 85 percent of homes in Huntsville and Walker County have responded to the
2020 Census, but time is ticking away. We only have until the September 30 deadline to complete our count
- that's just 15 days from today.
Councilmember Loll reminded citizens that the Cleaner, Greener Huntsville quarterly free dumpsters were
available to the residents of the City until 4 p.m. Saturday, Sept. 19. Please remember to follow the rules and
place all trash inside the dumpster. For more information, call 936-294-5712.
Councilmember Montgomery announced the City of Huntsville, Walker County, Huntsville Memorial
Hospital & the Walker County Hospital District have joined forces to offer residents free drive thru COVID
testing Monday through Friday from 4 to 8 p.m. and Saturday and Sunday from 8 a.m. to noon at 125 Medical
Park Drive. Registration requested but not required by calling 936-293-4619.
8. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.071 – consultation with legal counsel on a matter in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflicts with chapter 551 relating to and for the purpose of attorney-client
communications concerning the City of Huntsville New Police Headquarters and Fire Station
#2/Fire Administration Building Project.
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.072 – deliberation regarding purchase, exchange, lease or value of real property on
Martin Luther King Drive.
c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.074 – personnel matters regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City
Manager.
The Council convened into Executive Session at 7:22 p.m.
9. RECONVENE
The Council reconvened at 9:30 p.m.
Councilmember Montgomery made a motion to authorize retaining the Chapman Law Firm for the Fire
Station and Police Department and authorize the Chapman Firm to send a notice; the motion was
seconded by Councilmember Lyle. The motion was adopted, 9-0.
Mayor Pro Tem Rodriquez made a motion to refuse the option to purchase 3.44 acres from the St Thomas
Catholic Church to extent the Mayes Addition of Oakwood Cemetery; the motion was seconded by
Councilmember Montgomery. The motion carried, 9-0.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 9:31 pm
Brenda Poe, City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Brenda Poe, City Secretary Andy Brauninger, Mayor
Agenda Item #1b
Item/Subject: Consider continued phone and data services with Verizon Wireless through the State of
Texas Department of Information Resources (DIR) contract.
Initiating Department/Presenter: Information Technology
Presenter: Bill Wavra, IT Director
Recommended Motion: Move to approve continued phone and data services with Verizon Wireless
through the State of Texas Department of Information Resources (DIR) contract.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient
manner.
Discussion: The City of Huntsville IT Department manages phone and data services through Verizon
Wireless.
Verizon Wireless has been the City’s Cellular carrier for the past nine years and services include cell
phone and air card (data). Currently the City has a total of 64 cellular phones and 101 air cards.
Estimated annual costs for Verizon cellular services are down $11,423 annually from the previously
approved contract amount to $69,000. The City of Huntsville is on monthly terms with Verizon and the
amount requested is for one year of services.
Cellular services are used by all departments to perform daily job tasks, which include, and not limited
to, Inspections, Surveying, and Streets and Public Works callouts. Cellular and data services are
essential for the Police and Fire Departments to perform their duties, such as communication with
dispatch, reporting, transferring video from body worn and dash cameras, license plate readers and
ticketing.
The City of Huntsville IT Department recommends maintaining Verizon as the City’s primary mobile data
and cell phone carrier due to extensive coverage in city limits and throughout the county.
Verizon Wireless is a member of the State of Texas Cooperative Department of Information Resources
(DIR) and are in good standing under contract #DIR-TSO-3415.
Previous Council Action: Verizon cellular was last approved by Council on 10/3/2017
Financial Implications:
☒Item is budgeted: All Departments – 55195 & 55034 In the amount of $ 69,000
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
10/6/20
Agenda Item: 1b
CITY COUNCIL AGENDA
Agenda Item #1c
Item/Subject: Consider renewal of annual software maintenance with Tyler Technologies for Finance
and Public Safety.
Initiating Department/Presenter: Information Technology
Presenter: Bill Wavra, IT Director
Recommended Motion: Move to approve continued annual maintenance with Tyler Technologies for
Finance and Public Safety software in the amount of $110,127.71.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient
manner.
Discussion: The City of Huntsville IT Department manages both financial and public safety software
packages provided by New World Systems and Tyler Technologies, respectively. The acquisition of New
World Systems by Tyler Technologies has merged the two separate vendors into one.
New World Systems Financial Software is utilized by the City to manage payroll, project accounting,
purchasing, accounts payable, miscellaneous billing, asset management and budget reporting.
Additionally, New World is used extensively by Human Resources to maintain personnel benefits and
deductions.
Tyler Technologies was originally purchased by Utility Billing and Solid Waste to maintain commercial
and residential service data as well as customer information for water, sewer, and trash billing. Since
then, modules have been added to accommodate Police and Municipal Court. The Public Safety module
is utilized by Police for report writing and integrates with dispatch software to pull prior arrest and
warrant information. Municipal Court uses Tyler Technologies for ticket fee collection.
Last year (FY19/20), the combined annual maintenance fee was $99,889.09. For this year (FY20/21),
the combined maintenance fee will be $110,127.71. This price includes both software solutions, 18
additional Municipal Court ticket readers w/ licensing, and a 5.79 percent annual maintenance increase
(This increase is within the average range for most large software packages).
Although the companies have merged, Tyler Technologies indicates that the contracts will remain
separate for the foreseeable future. This means that the payment schedule would continue to be split
between the two original invoice maintenance payment schedules.
Previous Council Action: The City Council authorized the following:
• Tyler Technologies – Public Safety, Utility Billing and New World on 11/19/2019
• Tyler Technologies – Public Safety, Utility Billing and New World on 10/2/2018
10/2/2020
Agenda Item: 1c
CITY COUNCIL AGENDA
Agenda Item #1c
Financial Implications:
☒Item is budgeted: 101-640-55570 In the amount of $78,304.97 (amount in the budget account)
☒Item is budgeted: 602-433-55570 In the amount of $31,822.74 (amount in the budget account)
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Agenda Item #1d
Item/Subject: Consider adoption of Ordinance 2021-02 to amend the budget for FY 20-21 and/or
CIP Project budgets.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter, Finance Director
Recommended Motion: Move to adopt Ordinance 2020-02 to amend the budget for FY 20-21 and/or
CIP Project budgets.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: Detailed explanation is provided in the attachment, Exhibit A, to the Ordinance. The
Budget Amendments were presented to the Finance Committee at their September 15, 2020 meeting.
Previous Council Action: None.
Financial Implications:
☒ See the attached Ordinance and related Budget Amendments (Exhibit A)
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Ordinance 2021-02
• Exhibit A (list of budget amendments)
10/6/2020
Agenda Item: 1d
CITY COUNCIL AGENDA
Agenda Item #1d
ORDINANCE NO. 2021-02
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2020-
2021 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP)
BUDGETS, ORDINANCE NO. 2020-43 TO AMEND ADOPTED EXPENDITURES OF
THE BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the 2020-2021 Annual Budget and CIP Budgets were adopted by Ordinance 2020-43 on
September 15, 2020;
WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the
course of the fiscal year;
WHEREAS, the City Council considered the circumstances independently, deliberating appropriately
on the associated revenues and expenditures and the overall impact on the general financial
status of the City;
WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville,
Texas, the City Council has determined that it will be beneficial and advantageous to the
citizens of the City of Huntsville to amend the annual budget for fiscal year 2020 – 2021
and the Capital Improvements Projects (CIP) budget as set forth herein; and
WHEREAS, this ordinance combines the independent Council actions into one budget amendment
document;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1. The findings set forth above are incorporated into the body of this ordinance.
Section 2. The annual budget for fiscal year 2020 – 2021 is hereby amended to include the
expenditures and revenues in Exhibit “A” and the Capital Improvements Projects budget
is hereby amended to include the expenditures described in Exhibit “A” attached hereto
and made a part of this ordinance as if set out verbatim herein.
Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby
repealed, and all other ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared
unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect
of any other section or portion of this ordinance.
Section 5. The necessity for amending the budget for the fiscal year 2020 – 2021 and Capital
Improvements Projects, as required by the laws of the State of Texas, requires that this
ordinance shall take effect immediately from and after its passage, as the law in such cases
provides.
Section 6. This ordinance shall take effect immediately after its passage.
PASSED AND APPROVED on this the 6th day of October 2020.
THE CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Exhibit ABudget Amendments FY 20-21October 6, 2020 (Fin Comm 9/15/20)
Increase:Fire Department - Vehicle Purchases (Fire Truck)638,951$ Using General Fund - Fund Balance/Unallocated Reserves
Explanation:
Increase:Fire Department - Non Capital Purchases 2,500$ Using General Fund - Fund Balance/Unallocated Reserves
Explanation:
Increase:Street Department - Purchased Services/Contracts 68,662$ Using General Fund - Fund Balance/Unallocated Reserves
Explanation:
The purchase of a new fire truck and related equipment was budgeted for in the FY 19-20 Budget in an amount of $720,000. The purchase order for the truck was issued in mid November 2019. The COVID-19 pandemic caused manufacturing to decline significantly. Some of the equipment has bee received and paid for. However, the truck and $8,000+ of the equipment could not be delivered before the end of the 19-20 fiscal year. As such, the unused Budget for the 19-20 fiscal year rolled into General Fund's Fund Balance/Unallocated Reserves. This budget amendment is needed to complete the purchase of the truck and equipment in the new 20-21 fiscal year.
The purchase of a trailer for transporting 2 ATVs acquired by the Fire Department was bugeted for in FY 19-20. The ATVs were acquired in the annexation process from ESD 2. A purchase order for the trailer was not issued until late June 2020 when it was known that settlement agreements were complete with parties filing suit against the City related to the annexation. In mid August 2020 the Fire Department was notified by the vendor/manufacturer that the trailer could not be delivered before the end of the 19-20 fiscal year due to COVID-19 affecting staff of the vendor/manufacturer. As such, the unused Budget for the 19-20 fiscal year rolled into General Fund's Fund Balance/Unallocated Reserves. This budget amendment is needed to complete the purchase of the trailer in the new 20-21 fiscal year.
Services for an updated study of the condition of City streets was budgeted for in the FY 19-20 budget. Council approved a contract with Infrastructure Management Services (IMS) for $95,114 at their June 16, 2020 meeting. IMS has been able to complete a little over $26,000 worth of work before the FY 19-20 year end. As such, the unused Budget on the remaining contract amount of $68,662 for the 19-20 fiscal year rolled into General Fund's Fund Balance/Unallocated Reserves. This budget amendment is needed to make payments on completion of the study in fiscal year 20-21.
Increase:Vehicle Replacement Fund - Purchase of Motor Vehicles 40,240$ Using Vehicle Replacement Fund - Fund Balance
Explanation:
Increase:Computer Equipment Replacement Fund - Capital Equipment 130,505$ Using Computer Equipment Replacement Fund - Fund Balance
Explanation:
Increase:Wastewater CIP - Unallocated Budget 171,957$ Decrease:AJ-12 Sanitary Sewer SubBasins A thru D Rehab Proj.37,953$ Decrease:AJ-12 Sanitary Sewer SubBasins E Rehab Proj.134,004$
Explanation:
These 2 wastewater projects have been completed. Combined total budget for the 2 projects which were initiated in the FY 17-18 and FY 18-19 Budgets was $2,306,000 and the combined total expenditures for the projects through completion was $2,134,043. Staff is requesting the unused budget to be transferred to Wastewater CIP - Unallocated Budget for possible appropriation to existing or future wastewater projects as the need may arise. The current balance in Wastewate CIP - Unallocated Budget is $705,149. If this budget amendment is approved the balance in Wastewater CIP - Unallocated Budget will be $877,106. Any transfer of Wastewater CIP - Unallocated Budget to a Project requires Council approval.
The purchase of a Chevy one ton pickup truck (a replacement for a truck used by the Water Distribution division) was budgeted for in the 19-20 fiscal year budget. The factory that manufactures the truck was shut down due to COVID-19 and as such the truck will not be received and the purchase/expenditure will not be completed by 9/30/20, the end of FY 19-20. As such, the unused Budget for the 19-20 fiscal year rolled into Equipment Replacement Fund's Fund Balance. This budget amendment is needed to complete the purchase of the truck and equipment in the new 20-21 fiscal year.
The purchase inspection software was budgeted for in FY 18-19 and Council approved a contract for purchase of the software in May 2019 in the amount of $222,625. The vendor was able to complete work in FY 18-19 at a value of $3,825. In FY 19-20 the vendor was able to complete an additional amount of work totaling $88,295. The balance on the contract is $130,505 for the remaining work to be completed in FY 20-21. the unused Budget for the 19-20 fiscal year rolled into Computer Replacement Fund's Fund Balance. This budget amendment is needed to complete the contract in the 20-21 fiscal year.
Agenda Item #1e
Item/Subject: Consider approving the Payment Agreement with Walker County Appraisal District.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter, Finance Director
Recommended Motion: Move to approve the Payment Agreement with Walker County Appraisal
District.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: The City along with other taxing entities in the county (Huntsville Independent School
District, Walker County, Walker County Hospital District, etc.) pay the Appraisal District for their
operations costs.
The City has paid the Walker County Appraisal District for the City’s share of the Appraisal and Collection
costs on a monthly basis for over 20 years. The Appraisal District recently realized they did not have a
copy of an agreement in their files for the City to pay on a monthly basis.
The documentation is required by a State statute; Sec. 6.06(e) of the Texas Tax Code. Approving the
Payment Agreement will provide the Appraisal District with the required documentation in their files.
Previous Council Action: None.
Financial Implications:
☒ None: This will not change any costs in the FY 20-21 budget. Just allows the City to continue
paying the Appraisal District on a monthly basis.
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Payment Agreement document
10/6/2020
Agenda Item: 1e
CITY COUNCIL AGENDA
Agenda Item #2a
Item/Subject: Consider authorizing the City Manager to enter into a Utility Agreement with Texas Department of Transportation (TxDOT) for relocating water and sewer lines along and across IH-45 within the City limits. Initiating Department/Presenter: Engineering Presenter: Y. S. “Ram” Ramachandra, City Engineer Recommended Motion: Move to authorize the City Manager to enter into a Utility Agreement with Texas Department (TxDOT) for relocating water and sewer lines along and across IH-45 within the City Limits. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: Texas Department of Transportation (TxDOT) has completed the design to widen IH-45 for the segment between SH-19 at the south end to approximately near Eastham Drive at the north end (known as IH-45 Segment 2A Widening project). Current TxDOT timeline for letting IH-45 Segment 2A Widening project for construction is Summer/Fall 2021. Before IH-45 Segment 2A widening construction can begin, TxDOT is ensuring that all existing utilities that are in conflict with IH 45 Segment 2A widening work are relocated. The City has several waterline and sanitary sewer line segments within the TxDOT Right-of-Way in the IH-45 Segment 2A Widening project limit that are needed to be relocated to remove potential conflict with highway construction and to provide necessary clearances to the new roadway surfaces. See the attached location map that shows the segments of waterline and sanitary sewer line to be relocated. The City has completed the waterline and sanitary sewer line relocation design. The City has up-sized waterlines and sanitary sewer lines in several locations with the relocation design. The upsizing is necessary to accommodate project increased flow in the pipes from anticipated future growth and to take advantage of a fraction of the cost for such up-sizing in conjunction with the current relocation work. The cost of waterline and sanitary sewer line relocation designs and constructions for all segments with similar sizes, types etc. as existing ones is 100 percent reimbursable by TxDOT (termed “In-Kind Replacement”). Upsizing of waterline and sanitary sewer line at City’s choice will be considered as “Elective Betterment”, and the increased cost for such upsizing shall be met by the City. Based on the finalized design, In-Kind Replacement is at 88 percent of the total estimated cost (will be reimbursed by TxDOT) and Elective Betterment is at approximately 12 percent of the total estimated cost (to be borne by the City). The total of the cost of relocation design and estimated cost of construction is $6.8 million. Out of this total cost, The TxDOT will reimburse approximately $6 million (In-Kind Replacement” cost). The increased cost of upsizing waterline and sanitary sewer lines, also termed as “Elective Betterment”, is
10/6/2020 Agenda Item: 2a
CITY COUNCIL AGENDA
Agenda Item #2a
approximately $800,000 and this amount will need to be paid from the City funds. Detail cost estimates for both “In-Kind Replacement” and “Elective Betterment” are included in Attachment “G” of the TxDOT Utility Agreement. Construction costs are estimated costs and final amounts are dependent on the actual bid prices. The City has already set aside a total amount of $1,100,000 in the last two fiscal year budgets (FY 2018-2019 and FY 2019-2020) to meet the City’s share of design and construction costs due to up-sizing of the utility lines (i.e., to meet the costs of “Elective Betterment”). The City has now received Utility Agreement documents from TxDOT for City’s execution for the funding participation. Full execution of the agreement by TxDOT (upon City’s execution) is anticipated to occur by mid-October. The City has planned to bid the utility relocation project for construction during 3rd week of October. Anticipated start date of utility relocation construction is either during 2nd half of December 2020 or early January 2021. Construction duration is estimated to be approximately 200 calendar days. Previous Council Action: The City Council approved the Engineering agreement with RPS Infrastructure, Inc. at the August 2, 2018 meeting. Amendment A and Amendment B to the original RPS agreement were approved at the February 19, 2019 and September 1, 2020 meetings. Financial Implications:
☒Item is budgeted: acct. 701-7255 - Available balance is $527,000 for City “betterment” (Approx. $3,000,000 will come from TXDOT for “In-kind Replacement) acct. 702-7185-62300 - Available balance is $527,000 for City “betterment” (Approx. $3,000,000 will come from TXDOT for “In-kind Replacement) Approvals: ☒City Attorney ☒Director of Finance ☒City Manager Associated Information: Project location map TxDOT Utility Agreement
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Document Path: J:\007706\07.00 CADD\GIS\Overall 2 No Algnmnt.mxdSTA 1674+52Lateral 12'' WaterlineOffset
STA 1676+78Lateral 12'' WaterlineOffset
STA 1692+66Lateral 8'' WaterlineOffsetSTA 1692+66Lateral 1 1/2'' WaterlineOffset
STA 1697+65Lateral 8'' WaterlineOffsetSTA 1703+68Lateral 8'' WaterlineOffset
STA 1706+73Lateral 12" WaterlineOffset
STA 1693+8715'' SanitaryCrossing
STA 1695+93Lateral 12'' WaterlineOffset
STA 1690+72Lateral 12'' WaterlineOffset
STA 1734+28Lateral 15''SanitarySewer Offset
STA 1723+97Lateral 12'' WaterlineCrossing
STA 1733+19Lateral 15'' SanitarySewer Offset
STA 1718+18Lateral 15'' SanitarySewer Offset
STA 1718+18Lateral 12'' WaterlineOffset
STA 1720+71Lateral 15'' SanitarySewer Offset
STA 1727+23Lateral 12'' WaterlineOffset
STA 1720+71Lateral 8'' WaterlineOffset
STA 1746+20Lateral 8'' WaterlineOffset
STA 1761+97Lateral 12'' WaterlineOffset
STA 1745+216'' WaterlineOffset
Existing 6''Water Main§¨¦45³STA 1716+36Lateral 12'' WaterlineCrossing
STA 1734+28Lateral 6'' WaterlineOffset
RPS PROJ. NO.: 007706
DATE: August 2020
EXHIBIT2SCALE:
Overall Utility Relocation Layout
IH-45 Segment 2AUtility Relocations
1 " = 1,000 '
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Document Path: J:\007706\07.00 CADD\GIS\Overall 1 No Algnmnt.mxdSTA 1880+21Lateral 8'' WaterlineOffset
STA 1881+21Lateral 8'' WaterlineOffset
STA 1821+376'' Sanitary SewerCrossing
STA 1857+54Lateral 12'' WaterlineOffset
STA 1857+54Lateral 6'' WaterlineOffset STA 1835+51Lateral 6'' WaterlineOffset
STA 1821+37Lateral 12'' WaterlineCrossing
STA 1837+216'' Water Crossing
STA 1794+73Lateral 6'' WaterlineOffset
STA 1800+75Lateral 2'' WaterlineOffset
STA 1800+76Lateral 12'' WaterlineOffset
STA 1792+498'' Sanitary SewerCrossing
STA 1793+45Lateral 12'' WaterlineOffset
STA 1776+76Lateral12'' WaterlineOffset
STA 1780+14Lateral12'' WaterlineOffset
§¨¦45§¨¦45
RPS PROJ. NO.: 007706
DATE: August 2020
EXHIBIT1SCALE:
Overall Utility Relocation Layout
IH-45 Segment 2AUtility Relocations
1 " = 1,160 '
Form ROW-U-35 (Rev. 08/19) Page 1
______ __________ ______ __________ Initial Date Initial Date TxDOT Utility
STANDARD UTILITY AGREEMENT U-Number: U15576 District: BRYAN County: WALKER
Federal Project No.: Highway: IH-45 ROW CSJ: 0675-07-104 From: 0.3 MI NORTH OF SH 19 Highway Project Letting Date: JUNE 2021 To: SH 30
This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, (“State”), and CITY OF HUNTSVILLE, (“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: Abandonment of waterlines from stations
1706+00-1837+00; Removal of waterlines from stations 1674+00-1837+00; Removal of 10 sanitary sewer manholes from stations 1694+00-1799+00; Abandonment of sanitary sewers from stations 1694+00-1797+00;
Removal of 3476 LF sanitary sewer pipe from stations 1694+00-1802+00; Install 13 LF of 2" waterline (open-cut) from stations 1800+00-1801+00; Install 278 LF of 6" waterline (open-cut) from stations 1734+00-1836+00; Install 659 LF 8" waterline (open-cut) from stations 1692+00-1748+00; Install 1927 LF 12" waterline (open-cut) from stations 1674+00-1802+00; Install 26 LF 18" waterline (open-cut) from stations 1821+00-1822+00; Install 39 LF 2"
waterline (directional drilling) from stations 1800+00-1801+00; Install 148 LF 6" waterline (directional drilling) from stations 1734+00-1736+00; Install 169 LF 8" waterline (directional drilling) from stations 1745+00-1748+00; Install
1870 LF 12" waterline (directional drilling) from stations 1707+00-1837+00; Install 1292 LF 18" waterline (directional drilling) from stations 1716+00-1822+00; Install 16 sanitary sewer manholes from stations 1694+00-1803+00; Install 348 LF 8" sanitary sewer (open-cut) from stations 1799+00-1803+00; Install 316 LF 12" sanitary sewer (open-cut) from stations 1791+00-1792+00; Install 1437 LF 15" sanitary sewer (open-cut) from stations 1688+00-1793+00;
Install 763 LF 8" sanitary sewer (auger boring) from stations 1791+00-1799+00; Install 878 LF 15" sanitary sewer (auger boring) from stations 1732+00-1792+00; Install 509 LF 21" sanitary sewer (auger boring) from stations
1693+00-1694+00; and Pavement and sidewalk replacement from stations 1732+00-1837+00; 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
Form ROW-U-35 (Rev. 08/19) Page 2
______ __________ ______ __________ Initial Date Initial Date TxDOT Utility
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. 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, 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
Form ROW-U-35 (Rev. 08/19) Page 3
______ __________ ______ __________ Initial Date Initial Date TxDOT Utility
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. 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 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-1B, or ROW-U-1C (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. 08/19)
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 HUNTSVILLE
Name of Utility Director of TP&D (or designee), 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.
Print or Type Name
Title:
Date:
By:
District Engineer (or designee)
Date:
Form ROW-U-35
(Rev. 08/19)
Page 5
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
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 (*).
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
BETTERMENT
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
General
1 02200 Mobilization (limit to 5% of total)PCT 1 $317,606.00 $317,606.00
2 02921 Hydroseeding and Fibermulch SY 53785 $1.00 $53,785.00
3 01540 Diversion Pumping MO 9 $2,500.00 $22,500.00
4 01555 Traffic Control MO 9 $3,000.00 $27,000.00
5 01560 Trench Safety Systems (All Depths)LF 10972 $2.00 $21,943.00
6 01560 Trench Safety Systems for Auger Pits EA 26 $200.00 $5,200.00
7 01561 Ground Water Control LF 10972 $35.00 $384,002.50
8 01574 Reinforced Filter Fabric Barrier LF 3728 $2.00 $7,456.00
9 01570 Inlet Protection Barrier EA 9 $100.00 $900.00
10 01570 Rock Filter Dam EA 21 $1,800.00 $37,800.00
11 01570 Stabilized Construction Access EA 29 $2,000.00 $58,000.00
SUBTOTAL GENERAL $936,192.50
CSJ NO. 0675-07-097
Water Line Relocations
12 02516 Cut, Plug, and Abandon Water Line EA 40 $1,000.00 $40,000.00
13 02516 Grout for Water Lines CY 35 $125.00 $4,393.11
14 02516 Remove Existing Water Line LF 4315 $10.00 $43,149.80
15 02011 2" Water Line, PVC, Open-Cut LF 13 $35.00 $455.00
16 02510 6" Water Line, PVC, Open-Cut LF 278 $50.00 $13,900.00
17 02510 8" Water Line, PVC, Open-Cut LF 659 $60.00 $39,540.00
18 02510 12" Water Line, PVC, Open-Cut LF 1927 $80.00 $154,160.00
19 02510 18" Water Line, PVC, Open-Cut LF 26 $100.00 $2,600.00
20 02445 ** 15" Steel Encasement LF 584 $200.00 $116,800.00
21 02445 ** 21" Steel Encasement LF 1212 $350.00 $424,200.00
22 02445 ** 6" Bore & Steel Encasement LF 39 $200.00 $7,800.00
23 02445 ** 15" Bore & Steel Encasement LF 317 $250.00 $79,250.00
24 02445 ** 21" Bore & Steel Encasement LF 1870 $400.00 $748,000.00
25 02445 ** 30" Bore & Steel Encasement LF 1292 $600.00 $775,200.00
26 2510 2" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 39 $100.00 $3,900.00
27 02510 6" Water Line, PVC, Restrained-Joint, Installed in Steel Casing, by Directional Drilling LF 148 $120.00 $17,760.00
28 02510 8" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 169 $140.00 $23,660.00
29 02510 12" Water Line, PVC, Restrained Joint, Installed in Steel Casing, by Directional Drilling LF 1870 $160.00 $299,200.00
30 02510 18" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 1292 $185.00 $239,020.00
31 02512 2" Air Release Valve with Manhole EA 28 $5,000.00 $140,000.00
32 02512 ** 2" Gate Valve with Box EA 2 $2,500.00 $5,000.00
33 02512 ** 6" Gate Valve with Box EA 10 $3,000.00 $30,000.00
34 02512 ** 8" Gate Valve with Box EA 10 $3,500.00 $35,000.00
35 02512 ** 12" Gate Valve with Box EA 33 $4,000.00 $132,000.00
36 02510 2" x 45° Bend, AB EA 4 $500.00 $2,000.00
37 02510 6" x 45° Bend, AB EA 12 $500.00 $6,000.00
38 02510 8" x 45° Bend, AB EA 20 $500.00 $10,000.00
39 02510 12" x 45° Bend, AB EA 55 $500.00 $27,500.00
40 02510 18" x 45° Bend, AB EA 4 $500.00 $2,000.00
41 02510 12" x 90° Bend, AB EA 1 $500.00 $500.00
42 02510 12" x 6" Reducer, AB EA 1 $500.00 $500.00
43 02510 18" x 12" Reducer, AB EA 1 $500.00 $500.00
44 02510 Reconnect Existing Water Service Leads, All Sizes EA 11 $500.00 $5,500.00
45 02510 6" x12" Tee, AB EA 2 $500.00 $1,000.00
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
BETTERMENT
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
46 02510 12" x 12" Tee, AB EA 2 $500.00 $1,000.00
47 02510 12" x 18" Tee, AB EA 5 $500.00 $2,500.00
48 02011 Reconnect Existing Water Meter EA 1 $500.00 $500.00
49 02513 ** Fire Hydrant Assembly EA 2 $5,000.00 $10,000.00
Sanitary Sewer Line Relocations
50 02220 Remove and Dispose of Existing Sanitary Sewer Manholes EA 10 $1,500.00 $15,000.00
51 02220 Remove and Dispose of Existing Sanitary Sewer Pipe
(All Sizes)LF 3476 $20.00 $69,526.60
52 02222 Grout Fill & Cap Existing 8" Sanitary Sewer CY 4 $125.00 $491.96
53 02222 Grout Fill & Cap Existing 15" Sanitary Sewer CY 12 $125.00 $1,530.52
54 02535 ** Precast Concrete Sanitary Sewer Manhole, 4-foot
Diameter (0'-20' Deep), Complete in Place EA 14 $4,000.00 $56,000.00
55 02535 ** Precast Concrete Sanitary Sewer Manhole w/ Drop, 4-foot Diameter (0'-20' Deep), Complete in Place EA 1 $6,000.00 $6,000.00
56 02535 ** Precast Concrete Sanitary Sewer Manhole, 4-foot
Diameter with Drop (20'+ Deep), Complete in Place EA 1 $10,000.00 $10,000.00
57 02530 8" Sanitary Sewer, PVC, Open-Cut LF 348 $70.00 $24,360.00
58 02530 12" Sanitary Sewer, PVC, Open-Cut LF 316 $80.00 $25,280.00
59 02530 15" Sanitary Sewer, PVC, Open-Cut LF 1437 $90.00 $129,330.00
60 02445 ** 15" Bore & Steel Encasement LF 763 $250.00 $190,750.00
61 02445 ** 24" Bore & Steel Encasement LF 878 $450.00 $395,100.00
62 02445 ** 36" Bore & Steel Encasement LF 509 $650.00 $330,850.00
63 02530 8" Sanitary Sewer, PVC, Restrained-Joint, Installed in Steel Casing, by Auger Boring LF 763 $140.00 $106,820.00
64 02530 15" Sanitary Sewer, PVC, Restrained-Joint, Installed
in Steel Casing, by Auger Boring LF 878 $160.00 $140,480.00
65 02530 21" Sanitary Sewer, PVC, Restrained-Joint, Installed in Steel Casing, by Auger Boring LF 509 $180.00 $91,620.00
66 02530 Connect Existing Sanitary Sewer to Proposed
Manhole EA 7 $800.00 $5,600.00
67 02535 Connect Proposed Sanitary Sewer to Existing Structure EA 3 $1,000.00 $3,000.00
68 02530 Reconnect Existing Sanitary Clean Out EA 1 $500.00 $500.00
69 02530 Reconnect Existing Sanitary Service Leads, All Sizes EA 8 $500.00 $4,000.00
Pavement Repair
70 02220 Remove and Dispose Existing Asphalt Pavement (including Base and Subgrade)SY 122 $20.00 $2,440.00
71 02220 Remove and Dispose Existing Concrete Pavement SY 229 $10.00 $2,290.00
72 02220 Remove and Dispose Existing Concrete Curb LF 46 $3.00 $138.00
73 02220 Remove and Dispose Existing Concrete Sidewalk SY 15 $10.00 $150.56
74 02711 Asphalt Pavement (inc. Sub-base)SY 122 $50.00 $6,100.00
75 02751 Concrete Pavement (inc. Subgrade)SY 229 $50.00 $11,450.00
76 02711 6" Concrete Curb LF 46 $5.00 $230.00
77 02751 Concrete Sidewalk SY 15 $80.00 $1,204.44SUBTOTAL CSJ 0675-07-097 $5,074,729.98
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
BETTERMENT
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
Additional Costs
Engineering Project Management and Coordination HR 400 $268.50 $107,400.00
Engineering Preliminary Design HR 580 $127.82 $74,135.00
Engineering Final Design HR 1373 $141.31 $194,025.00
Engineering Right-of-Way Analysis HR 36 $459.17 $16,530.00
Engineering Drainage Design Changes HR 282 $140.00 $39,440.00
Engineering Bid Phase Services HR 69 $131.67 $9,085.00
Engineering Construction Phase Services HR 432 $135.73 $58,635.00
Construction Management HR 288 $261.11 $75,200.00
Construction Inspection HR 688 $100.00 $68,800.00
Engineering Expenses (3% of total engineering costs)PCT 1 $15,551.70 $15,551.70
SUBTOTAL $658,801.70
Total $6,669,724.18
$6,669,724.18PROJECT TOTAL
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
Form ROW-U-35
(Rev. 08/19)
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
Utility proposed to request reimbursement based on an agreed lump sum amount
supported by a detailed cost analysis.
Form ROW-U-35
(Rev. 08/19)
Page 7
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “C”
Schedule of Work
Estimated Start Date: , (subject to physical work restrictions prior to the issuance
of environmental clearance as required by the provisions of this agreement)
Estimated Duration (days):
Estimated Completion Date:
6/01/20
270
03/01/21
:10/01/20, (subject
06/01/21
244
Form ROW-U-35
(Rev. 08/19)
Page 8
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “D”
Statement Covering Contract Work
(ROW–U–48)
(ROW–U–48–1, if applicable)
*U48*
Form ROW-U-48
Page 1 of 1
(Rev. 3/19)STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK
(AS APPEARING IN ESTIMATE)
U-Number: U15576
ROW CSJ Number:0675-07-104
County: WALKER
Federal Project No.:
District:BRYAN
Highway No.: IH-45
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.
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:
A.
Procedure to be Used in Contracting Work
, a duly authorized and qualified representative ofI,
, hereinafter referred to as Owner, am fully cognizant of theCITY OF HUNTSVILLE
B.
1.
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.
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
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.
DateSignature
Title
Form ROW-U-35 (Rev. 08/19) Page 9
______ __________ ______ __________ Initial Date Initial Date TxDOT Utility
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:
Texas
of TransportationDepartment
Form ROW-U-JUAA
Rev. 12/2006
GSD-EPC
Page 1 of 2
______ __________
Initial Date
UTILITY JOINT USE ACKNOWLEDGEMENT
REIMBURSABLE UTILITY ADJUSTMENT
U-Number: U15576
District: Bryan County: Walker
Federal Project No.: Highway: IH-45
ROW CSJ: 0675-07-104 From: 0.3 MI NORTH OF SH 19
Projected Highway Letting Date: 6/1/2020 To: SH 30
WHEREAS, the State of Texas, (“State”), acting by and through the Texas Department of Transportation
(“TxDOT”), proposes to make certain highway improvements on that section of the above-indicated highway; and
WHEREAS, the City of Huntsville, (“Utility”), proposes to adjust or relocate certain of its facilities, if applicable,
and retain title to any property rights it may have on, along or across, and within or over such limits of the highway
right of way as indicated by the location map attached hereto.
NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties
mutually agree as follows:
It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right
of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing
in this Acknowledgement shall serve to modify or extinguish any compensable property interest vested in the
Utility within the above described area. If the facilities shown in the aforementioned plans need to be altered or
modified or new facilities constructed to either accommodate the proposed highway improvements or as part of
Utility’s future proposed changes to its own facilities, Utility agrees to notify TxDOT at least 30 days prior thereto,
and to furnish necessary plans showing location and type of construction, unless an emergency situation occurs
and immediate action is required. If an emergency situation occurs and immediate action is required, Utility
agrees to notify TxDOT promptly. If such alteration, modification or new construction is in conflict with the current
highway or planned future highway improvements, or could endanger the traveling public using said highway,
TxDOT shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the
protection of the highway facility and the traveling public using said highway. Such regulations shall not extend,
however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of
the area of joint usage above described.
If Utility’s facilities are located along a controlled access highway, Utility agrees that ingress and egress for
servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets,
or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be
made to the outer portion of the highway right of way from any one or all access points. Where supports,
manholes or other appurtenances of the Utility’s facilities are located in medians or interchange areas, access
from the through-traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth
the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of
access or service operations as herein provided will not permit emergency repairs as required for the safety and
welfare of the public, the Utility shall have a temporary right of access to and from the through-traffic roadways
and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such
repairs are initiated and adequate provision is made by Utility for the convenience and safety of highway traffic.
Except as expressly provided herein, the Utility’s rights of access to the through-traffic roadways and/or ramps
shall be subject to the same rules and regulations as apply to the general public.
If Utility’s facilities are located along a non-controlled access highway, the Utility’s rights of ingress and egress to
the through-traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general
public.
Form ROW-U-JUAA
Rev. 12/2006
Page 2 of 2
______ __________
Initial Date
Participation in actual costs incurred by the Utility for any future adjustment, removal or relocation of utility
facilities required by highway construction shall be in accordance with applicable laws of the State of Texas.
Utility will, by written notice, advise TxDOT of the beginning and completion dates of the adjustment, removal, or
relocation, and, thereafter, agrees to perform such work diligently, and to conclude said adjustment, removal, or
relocation by the stated completion date. The completion date shall be extended for delays caused by events
outside Utility’s control, including an event of Force Majeure, which shall include a strike, war or act of war
(whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or
other act of God, sabotage, or other events, interference by the State or any other party with Utility’s ability to
proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof
so that the causes or other events are beyond the control and without the fault or negligence of Utility.
It is expressly understood that Utility conducts the new installation, adjustment, removal, and/or relocation at its
own risk, and that TxDOT makes no warranties or representations regarding the existence or location of utilities
currently within its right of way.
The Utility and the State, by execution of this Acknowledgement , do not waive or relinquish any right that they
may have under the law.
The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement
on behalf of the party represented.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
UTILITY EXECUTION RECOMMENDED:
Utility: City of Huntsville
Name of Utility District Engineer, District
By:
Authorized Signature
Print or Type Name
Title:
Date:
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:
Director, Right of Way Division
Date:
Form ROW-U-35
(Rev. 08/19)
Page 10
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “F”
Eligibility Ratio
Eligibility Ratio established: %
Non-interstate Highway (Calculation attached)
Interstate Highway
100
IH-45 Segment 2A Utility Relocation
Eligibility Ratio Calculation
CSJ 0675-07-097
Conflict Number Proposed LF Cost of Adjustment Individual Eligibility Ratio Cost*Ratio
1 127 76,465.00$ 100%76,465.00$
2 131 82,075.00$ 100%82,075.00$
3 264 143,193.00$ 100%143,193.00$
4 97 47,629.00$ 100%47,629.00$
6 1231 572,320.00$ 100%572,320.00$
7 123 35,029.00$ 100%35,029.00$
8 194 77,883.00$ 100%77,883.00$
9 157 39,811.00$ 100%39,811.00$
10 87 41,646.72$ 100%41,646.72$
11 582 431,929.98$ 100%431,929.98$
12/13 403 120,341.00$ 100%120,341.00$
14 168 54,300.00$ 100%54,300.00$
15 442 376,796.56$ 100%376,796.56$
16 167 61,744.00$ 100%61,744.00$
17/18 544 292,019.34$ 100%292,019.34$
19 189 75,108.01$ 100%75,108.01$
20 446 286,657.26$ 100%286,657.26$
21 212 87,161.20$ 100%87,161.20$
22 102 36,812.00$ 100%36,812.00$
23 118 43,971.00$ 100%43,971.00$
24 148 86,856.00$ 100%86,856.00$
25 1272 521,091.86$ 100%521,091.86$
26/29 2239 1,104,009.22$ 100%1,104,009.22$
27 120 49,459.00$ 100%49,459.00$
28 52 34,801.05$ 100%34,801.05$
30 386 319,049.77$ 100%319,049.77$
31 117 45,555.00$ 100%45,555.00$
32 584 367,584.53$ 100%367,584.53$
Total 10702 5,511,298.50$ 5,511,298.50$
Eligibility Ratio 100%
9/23/2020 Page 1 of 1
Form ROW-U-35
(Rev. 08/19)
Page 11
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “G”
Betterment Calculation and Estimate
Elective Betterment Ratio established: %
(Calculation attached)
Forced Betterment
(Provide supporting documentation)
Not Applicable
5.4662 %315.4662 %9.07%12.15%
IH-45 Segment 2A Utility Relocation
Betterment Calculation
CSJ 0675-07-097
Estimated Total Cost of Relocation:6,669,724.18$
Non-betterment Estimate:(5,859,565.18)$
Difference 810,159.00$
Elective Betterment Credit Percentage: 12.1468%
Total Billing (including betterments)6,669,724.18$
Less 6% Betterment Credit 810,159.00$
Eligibility Ratio 100%
Estimated Reimbursement 5,859,565.18$
Computation of Elective Betterment Percentage
Estimate Summary
9/23/2020 Page 1 of 1
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
BETTERMENT
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
General
1 02200 Mobilization (limit to 5% of total)PCT 1 $317,606.00 $317,606.00
2 02921 Hydroseeding and Fibermulch SY 53785 $1.00 $53,785.00
3 01540 Diversion Pumping MO 9 $2,500.00 $22,500.00
4 01555 Traffic Control MO 9 $3,000.00 $27,000.00
5 01560 Trench Safety Systems (All Depths)LF 10972 $2.00 $21,943.00
6 01560 Trench Safety Systems for Auger Pits EA 26 $200.00 $5,200.00
7 01561 Ground Water Control LF 10972 $35.00 $384,002.50
8 01574 Reinforced Filter Fabric Barrier LF 3728 $2.00 $7,456.00
9 01570 Inlet Protection Barrier EA 9 $100.00 $900.00
10 01570 Rock Filter Dam EA 21 $1,800.00 $37,800.00
11 01570 Stabilized Construction Access EA 29 $2,000.00 $58,000.00
SUBTOTAL GENERAL $936,192.50
CSJ NO. 0675-07-097
Water Line Relocations
12 02516 Cut, Plug, and Abandon Water Line EA 40 $1,000.00 $40,000.00
13 02516 Grout for Water Lines CY 35 $125.00 $4,393.11
14 02516 Remove Existing Water Line LF 4315 $10.00 $43,149.80
15 02011 2" Water Line, PVC, Open-Cut LF 13 $35.00 $455.00
16 02510 6" Water Line, PVC, Open-Cut LF 278 $50.00 $13,900.00
17 02510 8" Water Line, PVC, Open-Cut LF 659 $60.00 $39,540.00
18 02510 12" Water Line, PVC, Open-Cut LF 1927 $80.00 $154,160.00
19 02510 18" Water Line, PVC, Open-Cut LF 26 $100.00 $2,600.00
20 02445 ** 15" Steel Encasement LF 584 $200.00 $116,800.00
21 02445 ** 21" Steel Encasement LF 1212 $350.00 $424,200.00
22 02445 ** 6" Bore & Steel Encasement LF 39 $200.00 $7,800.00
23 02445 ** 15" Bore & Steel Encasement LF 317 $250.00 $79,250.00
24 02445 ** 21" Bore & Steel Encasement LF 1870 $400.00 $748,000.00
25 02445 ** 30" Bore & Steel Encasement LF 1292 $600.00 $775,200.00
26 2510 2" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 39 $100.00 $3,900.00
27 02510 6" Water Line, PVC, Restrained-Joint, Installed in Steel Casing, by Directional Drilling LF 148 $120.00 $17,760.00
28 02510 8" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 169 $140.00 $23,660.00
29 02510 12" Water Line, PVC, Restrained Joint, Installed in Steel Casing, by Directional Drilling LF 1870 $160.00 $299,200.00
30 02510 18" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 1292 $185.00 $239,020.00
31 02512 2" Air Release Valve with Manhole EA 28 $5,000.00 $140,000.00
32 02512 ** 2" Gate Valve with Box EA 2 $2,500.00 $5,000.00
33 02512 ** 6" Gate Valve with Box EA 10 $3,000.00 $30,000.00
34 02512 ** 8" Gate Valve with Box EA 10 $3,500.00 $35,000.00
35 02512 ** 12" Gate Valve with Box EA 33 $4,000.00 $132,000.00
36 02510 2" x 45° Bend, AB EA 4 $500.00 $2,000.00
37 02510 6" x 45° Bend, AB EA 12 $500.00 $6,000.00
38 02510 8" x 45° Bend, AB EA 20 $500.00 $10,000.00
39 02510 12" x 45° Bend, AB EA 55 $500.00 $27,500.00
40 02510 18" x 45° Bend, AB EA 4 $500.00 $2,000.00
41 02510 12" x 90° Bend, AB EA 1 $500.00 $500.00
42 02510 12" x 6" Reducer, AB EA 1 $500.00 $500.00
43 02510 18" x 12" Reducer, AB EA 1 $500.00 $500.00
44 02510 Reconnect Existing Water Service Leads, All Sizes EA 11 $500.00 $5,500.00
45 02510 6" x12" Tee, AB EA 2 $500.00 $1,000.00
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
BETTERMENT
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
46 02510 12" x 12" Tee, AB EA 2 $500.00 $1,000.00
47 02510 12" x 18" Tee, AB EA 5 $500.00 $2,500.00
48 02011 Reconnect Existing Water Meter EA 1 $500.00 $500.00
49 02513 ** Fire Hydrant Assembly EA 2 $5,000.00 $10,000.00
Sanitary Sewer Line Relocations
50 02220 Remove and Dispose of Existing Sanitary Sewer Manholes EA 10 $1,500.00 $15,000.00
51 02220 Remove and Dispose of Existing Sanitary Sewer Pipe
(All Sizes)LF 3476 $20.00 $69,526.60
52 02222 Grout Fill & Cap Existing 8" Sanitary Sewer CY 4 $125.00 $491.96
53 02222 Grout Fill & Cap Existing 15" Sanitary Sewer CY 12 $125.00 $1,530.52
54 02535 ** Precast Concrete Sanitary Sewer Manhole, 4-foot
Diameter (0'-20' Deep), Complete in Place EA 14 $4,000.00 $56,000.00
55 02535 ** Precast Concrete Sanitary Sewer Manhole w/ Drop, 4-foot Diameter (0'-20' Deep), Complete in Place EA 1 $6,000.00 $6,000.00
56 02535 ** Precast Concrete Sanitary Sewer Manhole, 4-foot
Diameter with Drop (20'+ Deep), Complete in Place EA 1 $10,000.00 $10,000.00
57 02530 8" Sanitary Sewer, PVC, Open-Cut LF 348 $70.00 $24,360.00
58 02530 12" Sanitary Sewer, PVC, Open-Cut LF 316 $80.00 $25,280.00
59 02530 15" Sanitary Sewer, PVC, Open-Cut LF 1437 $90.00 $129,330.00
60 02445 ** 15" Bore & Steel Encasement LF 763 $250.00 $190,750.00
61 02445 ** 24" Bore & Steel Encasement LF 878 $450.00 $395,100.00
62 02445 ** 36" Bore & Steel Encasement LF 509 $650.00 $330,850.00
63 02530 8" Sanitary Sewer, PVC, Restrained-Joint, Installed in Steel Casing, by Auger Boring LF 763 $140.00 $106,820.00
64 02530 15" Sanitary Sewer, PVC, Restrained-Joint, Installed
in Steel Casing, by Auger Boring LF 878 $160.00 $140,480.00
65 02530 21" Sanitary Sewer, PVC, Restrained-Joint, Installed in Steel Casing, by Auger Boring LF 509 $180.00 $91,620.00
66 02530 Connect Existing Sanitary Sewer to Proposed
Manhole EA 7 $800.00 $5,600.00
67 02535 Connect Proposed Sanitary Sewer to Existing Structure EA 3 $1,000.00 $3,000.00
68 02530 Reconnect Existing Sanitary Clean Out EA 1 $500.00 $500.00
69 02530 Reconnect Existing Sanitary Service Leads, All Sizes EA 8 $500.00 $4,000.00
Pavement Repair
70 02220 Remove and Dispose Existing Asphalt Pavement (including Base and Subgrade)SY 122 $20.00 $2,440.00
71 02220 Remove and Dispose Existing Concrete Pavement SY 229 $10.00 $2,290.00
72 02220 Remove and Dispose Existing Concrete Curb LF 46 $3.00 $138.00
73 02220 Remove and Dispose Existing Concrete Sidewalk SY 15 $10.00 $150.56
74 02711 Asphalt Pavement (inc. Sub-base)SY 122 $50.00 $6,100.00
75 02751 Concrete Pavement (inc. Subgrade)SY 229 $50.00 $11,450.00
76 02711 6" Concrete Curb LF 46 $5.00 $230.00
77 02751 Concrete Sidewalk SY 15 $80.00 $1,204.44SUBTOTAL CSJ 0675-07-097 $5,074,729.98
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
BETTERMENT
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
Additional Costs
Engineering Project Management and Coordination HR 400 $268.50 $107,400.00
Engineering Preliminary Design HR 580 $127.82 $74,135.00
Engineering Final Design HR 1373 $141.31 $194,025.00
Engineering Right-of-Way Analysis HR 36 $459.17 $16,530.00
Engineering Drainage Design Changes HR 282 $140.00 $39,440.00
Engineering Bid Phase Services HR 69 $131.67 $9,085.00
Engineering Construction Phase Services HR 432 $135.73 $58,635.00
Construction Management HR 288 $261.11 $75,200.00
Construction Inspection HR 688 $100.00 $68,800.00
Engineering Expenses (3% of total engineering costs)PCT 1 $15,551.70 $15,551.70
SUBTOTAL $658,801.70
Total $6,669,724.18
$6,669,724.18PROJECT TOTAL
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
IN KIND
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
General
1 02200 Mobilization (limit to 5% of total)PCT 1 $279,027.00 $279,027.00
2 02921 Hydroseeding and Fibermulch SY 53785 $1.00 $53,785.00
3 01540 Diversion Pumping MO 9 $2,500.00 $22,500.00
4 01555 Traffic Control MO 9 $3,000.00 $27,000.00
5 01560 Trench Safety Systems (All Depths)LF 10972 $2.00 $21,943.00
6 01560 Trench Safety Systems for Auger Pits EA 26 $200.00 $5,200.00
7 01561 Ground Water Control LF 10972 $35.00 $384,002.50
8 01574 Reinforced Filter Fabric Barrier LF 3728 $2.00 $7,456.00
9 01570 Inlet Protection Barrier EA 9 $100.00 $900.00
10 01570 Rock Filter Dam EA 21 $1,800.00 $37,800.00
11 01570 Stabilized Construction Access EA 29 $2,000.00 $58,000.00
SUBTOTAL GENERAL $897,613.50
CSJ NO. 0675-07-097
Water Line Relocations
12 02516 Cut, Plug, and Abandon Water Line EA 40 $1,000.00 $40,000.00
13 02516 Grout for Water Lines CY 35 $125.00 $4,393.11
14 02516 Remove Existing Water Line LF 4315 $10.00 $43,149.80
15 02011 2" Water Line, PVC, Open-Cut LF 13 $35.00 $455.00
16 02510 6" Water Line, PVC, Open-Cut LF 278 $50.00 $13,900.00
17 02510 8" Water Line, PVC, Open-Cut LF 659 $60.00 $39,540.00
18 02510 12" Water Line, PVC, Open-Cut LF 1927 $80.00 $154,160.00
19 02510 18" Water Line, PVC, Open-Cut LF 26 $100.00 $2,600.00
20 02445 ** 15" Steel Encasement LF 584 $200.00 $116,800.00
21 02445 ** 21" Steel Encasement LF 1212 $350.00 $424,200.00
22 02445 ** 6" Bore & Steel Encasement LF 39 $200.00 $7,800.00
23 02445 ** 15" Bore & Steel Encasement LF 1347 $250.00 $336,750.00
24 02445 ** 21" Bore & Steel Encasement LF 2132 $400.00 $852,800.00
25 2510 2" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 39 $100.00 $3,900.00
26 02510 6" Water Line, PVC, Restrained-Joint, Installed in Steel Casing, by Directional Drilling LF 1178 $120.00 $141,360.00
27 02510 8" Water Line, PVC, Restrained-Joint, Installed in
Steel Casing, by Directional Drilling LF 169 $140.00 $23,660.00
28 02510 12" Water Line, PVC, Restrained Joint, Installed in Steel Casing, by Directional Drilling LF 2132 $160.00 $341,120.00
29 02512 2" Air Release Valve with Manhole EA 28 $5,000.00 $140,000.00
30 02512 ** 2" Gate Valve with Box EA 2 $2,500.00 $5,000.00
31 02512 ** 6" Gate Valve with Box EA 13 $3,000.00 $39,000.00
32 02512 ** 8" Gate Valve with Box EA 10 $3,500.00 $35,000.00
33 02512 ** 12" Gate Valve with Box EA 30 $4,000.00 $120,000.00
34 02510 2" x 45° Bend, AB EA 4 $500.00 $2,000.00
35 02510 6" x 45° Bend, AB EA 16 $500.00 $8,000.00
36 02510 8" x 45° Bend, AB EA 20 $500.00 $10,000.00
37 02510 12" x 45° Bend, AB EA 55 $500.00 $27,500.00
38 02510 6" x 90° Bend, AB EA 1 $500.00 $500.00
39 02510 Reconnect Existing Water Service Leads, All Sizes EA 11 $500.00 $5,500.00
40 02510 6"x6" Tee, AB EA 1 $500.00 $500.00
41 02510 6" x12" Tee, AB EA 2 $500.00 $1,000.00
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
IN KIND
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
42 02510 12" x 12" Tee, AB EA 6 $500.00 $3,000.00
43 02011 Reconnect Existing Water Meter EA 1 $500.00 $500.00
44 02513 ** Fire Hydrant Assembly EA 2 $5,000.00 $10,000.00
Sanitary Sewer Line Relocations
45 02220 Remove and Dispose of Existing Sanitary Sewer Manholes EA 10 $1,500.00 $15,000.00
46 02220 Remove and Dispose of Existing Sanitary Sewer Pipe
(All Sizes)LF 3476 $20.00 $69,526.60
47 02222 Grout Fill & Cap Existing 8" Sanitary Sewer CY 4 $125.00 $491.96
48 02222 Grout Fill & Cap Existing 15" Sanitary Sewer CY 12 $125.00 $1,530.52
49 02535 ** Precast Concrete Sanitary Sewer Manhole, 4-foot Diameter (0'-20' Deep), Complete in Place EA 14 $4,000.00 $56,000.00
50 02535 ** Precast Concrete Sanitary Sewer Manhole w/ Drop, 4-foot Diameter (0'-20' Deep), Complete in Place EA 1 $6,000.00 $6,000.00
51 02535 ** Precast Concrete Sanitary Sewer Manhole, 4-foot Diameter with Drop (20'+ Deep), Complete in Place EA 1 $10,000.00 $10,000.00
52 02530 8" Sanitary Sewer, PVC, Open-Cut LF 580 $70.00 $40,600.00
53 02530 12" Sanitary Sewer, PVC, Open-Cut LF 316 $80.00 $25,280.00
54 02530 15" Sanitary Sewer, PVC, Open-Cut LF 1205 $90.00 $108,450.00
55 02445 ** 15" Bore & Steel Encasement LF 1347 $250.00 $336,750.00
56 02445 ** 24" Bore & Steel Encasement LF 803 $450.00 $361,350.00
57 02530 8" Sanitary Sewer, PVC, Restrained-Joint, Installed in Steel Casing, by Auger Boring LF 1347 $140.00 $188,580.00
58 02530 15" Sanitary Sewer, PVC, Restrained-Joint, Installed
in Steel Casing, by Auger Boring LF 803 $160.00 $128,480.00
59 02530 Connect Existing Sanitary Sewer to Proposed Manhole EA 7 $800.00 $5,600.00
60 02535 Connect Proposed Sanitary Sewer to Existing
Structure EA 3 $1,000.00 $3,000.00
61 02530 Reconnect Existing Sanitary Clean Out EA 1 $500.00 $500.00
62 02530 Reconnect Existing Sanitary Service Leads, All Sizes EA 8 $500.00 $4,000.00
Pavement Repair
63 02220 Remove and Dispose Existing Asphalt Pavement (including Base and Subgrade)SY 122 $20.00 $2,440.00
64 02220 Remove and Dispose Existing Concrete Pavement SY 229 $10.00 $2,290.00
65 02220 Remove and Dispose Existing Concrete Curb LF 46 $3.00 $138.00
66 02220 Remove and Dispose Existing Concrete Sidewalk SY 15 $10.00 $150.56
67 02711 Asphalt Pavement (inc. Sub-base)SY 122 $50.00 $6,100.00
68 02751 Concrete Pavement (inc. Subgrade)SY 229 $50.00 $11,450.00
69 02711 6" Concrete Curb LF 46 $5.00 $230.00
70 02751 Concrete Sidewalk SY 15 $80.00 $1,204.44
SUBTOTAL CSJ 0675-07-097 $4,339,229.98
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
IH-45 Segment 2A Utility Relocation
100% Cost Estimate - September 2020
CSJ NO. 0675-07-097
IN KIND
ITEM NO.SPEC NO.BID ITEM DESCRIPTION UNIT QUAN.UNIT PRICE AMOUNT
Additional Costs
Engineering Project Management and Coordination HR 400 $202.50 $81,000.00
Engineering Preliminary Design HR 580 $127.82 $74,135.00
Engineering Final Design HR 1373 $141.31 $194,025.00
Engineering Right-of-Way Analysis HR 36 $190.28 $6,850.00
Engineering Drainage Design Changes HR 282 $140.00 $39,440.00
Engineering Bid Phase Services HR 69 $131.67 $9,085.00
Engineering Construction Phase Services HR 432 $135.73 $58,635.00
Construction Management HR 288 $200.00 $57,600.00
Construction Inspection HR 864 $100.00 $86,400.00
Engineering Expenses (3% of total engineering costs)PCT 1 $15,551.70 $15,551.70
SUBTOTAL $622,721.70
Total $5,859,565.18
$5,859,565.18PROJECT TOTAL
** Indicates Buy America Item
9/23/2020
City of Huntsville
IH-45 Segment 2A Utility Relocation
Form ROW-U-35
(Rev. 08/19)
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-1A and
ROW-U-1B
Or
ROW-U-1C
The roadway improvement project is designated as an Interstate Highway project;
therefore, no supporting documentation of compensable interest is required.
IH-45 Segment 2A Reconstruction
City of Huntsville Easement List
ROW CSJ TxDot Parcel Main Lane Sta Left or Right Easement Description
0675-07-104 6 1717+00 LT COH 20' Water Easement V. 769, p. 221, OPR0675-07-104 10 1762+00 LT COH 20' Water Easement V. 374, p. 434, DR shown correctly on TxDOT Plan0675-07-104 11 P1 1776+37 LT COH 20' Water Easement V. 1159, p. 99, OPR0675-07-104 11 P2 1780+00 LT COH 20' Water Easement V. 1159, p. 99, OPR0675-07-104 11 P2 1780+00 LT COH 15' Sanitary Easement V. 256, p. 496, OPR
0675-07-104 12 1791+00 LT COH 25' Water and Sewer Easement V. 376, p. 84, DR (Parcel Three)
0675-07-104 13 1792+00 LT COH 25' Water and Sewer Easement V. 376, p. 84, DR (Parcel Three)
0675-07-104 14 1793+00 LT COH 25' Water and Sewer Easement V. 376, p. 84, DR (Parcel Three)
0675-07-104 15 1794+00 LT COH 25' Water and Sewer Easement V. 376, p. 84, DR (Parcel Three)
0675-07-104 16 1795+00 LT COH 25' Water and Sewer Easement V. 376, p. 84, DR (Parcel Three)0675-07-104 17 1796+00 LT COH 25' Water and Sewer Easement V. 376, p. 84, DR (Parcel Three)0675-07-104 18 1800+00 LT COH 25' Water and Sewer Easement V. 376, p. 84, DR (Parcel Three)0675-06-109 21 1860+00 LT COH 10' Water Easement Easement V. 377, p. 538, DR and V. 376, p. 80, DR0675-06-109 24 P1 1870+00 LT COH 10' Water Easement V. 376, p. 78, DR (Parcel One)
0675-06-109 24 P1 1871+00 LT COH 20' Water Easement V. 190, p. 252, OPR
0675-06-109 24 P2 1871+00 LT COH 20' Water Easement V. 190, p. 246, OPR
0675-06-109 25 1873+00 LT COH 20' Water Easement V. 190, p. 246, OPR
0675-06-109 26 1878+00 LT COH 20' Water Easement V. 190, p. 246, OPR0675-07-104 27 1674+00 RT COH 20' Water Easement V. 376, p. 241, DR0675-07-104 27 1674+00 RT COH 10' Sewer Easement V. 241, p. 125, DR0675-07-104 28 1693+00 RT COH 10' Sanitary Easement V. 280, p. 637, DR0675-07-104 30 P1 1698+00 RT COH 10' Sewer Easement V. 251, p. 742, DR
0675-07-104 31 1720+00 RT COH 10' Sewer Easement V. 281, p. 55, DR
0675-07-104 32 1721+00 RT COH 10' Sewer Easement V. 281, p. 55, DR
0675-07-104 46 1822+00 RT COH 20' Water Easement V. 376, p. 84, DR (Parcel One)
0675-07-104 46 1822+00 RT COH 20' Sewer Easement V. 427, p. 569, DR0675-07-104 47 1825+00 RT COH 20' Sewer Easement V. 427, p. 569, DR0675-07-104 48 1827+00 RT COH 20' Sewer Easement V. 427, p. 569, DR
Quit ClaimJoint Use
Form ROW-U-35
(Rev. 08/19)
Page 1
Initial Date Initial Date
TxDOT Utility
Form ROW-U-35
(Rev. 08/19)
Page 1
STANDARD UTILITY AGREEMENT
District: BRYAN County: WALKER
Federal Project No.: Highway: IH-45
ROW CSJ: 0675-07-109 From: SH 30 (STA 1670+00)
Highway Project Letting Date: JUNE 2021 To: 0.9 MI NORTH OF SH 30 (STA 1844+00)
This Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission,
(“State”), and CITY OF HUNTSVILLE, (“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: Relocate 150 LF 6" waterline from STA
1856+93.35 to STA 1858+10.11, 181 LF 8" waterline from STA 1880+41.38 to STA 1882+02.16, and 172 LF 12"
waterline from STA 1856+75.26 to STA 1858+12.61 with associated appurtenances; remove and replace 56 LF of
concrete swale; 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. 08/19)
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, 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.
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”);
Form ROW-U-35
(Rev. 08/19)
Page 3
Initial Date Initial Date
TxDOT Utility
• Schedule of Work (Attachment “C”);
• Statement Covering Contract Work – ROW-U-48 (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-1B, or ROW-U-1C (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. 08/19)
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 HUNTSVILLE
Name of Utility Director of TP&D (or designee), 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.
Print or Type Name
Title:
Date:
By:
District Engineer (or designee)
Date:
Form ROW-U-35
(Rev. 08/19)
Page 5
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
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 (*).
Form ROW-U-35
(Rev. 08/19)
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
Utility proposed to request reimbursement based on an agreed lump sum amount
supported by a detailed cost analysis.
Form ROW-U-35
(Rev. 08/19)
Page 7
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “C”
Schedule of Work
Estimated Start Date: , (subject to physical work restrictions prior to the issuance
of environmental clearance as required by the provisions of this agreement)
Estimated Duration (days):
Estimated Completion Date:
270
6/01/20
3/01/21
10/01/20,
244
06/01/21
Form ROW-U-35
(Rev. 08/19)
Page 8
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “D”
Statement Covering Contract Work
(ROW–U–48)
(ROW–U–48–1, if applicable)
*U48*
Form ROW-U-48
Page 1 of 1
(Rev. 3/19)STATEMENT COVERING UTILITY CONSTRUCTION CONTRACT WORK
(AS APPEARING IN ESTIMATE)
U-Number: U15575
ROW CSJ Number:0675-07-109
County: WALKER
Federal Project No.:
District:BRYAN
Highway No.: IH-45
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.
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:
A.
Procedure to be Used in Contracting Work
, a duly authorized and qualified representative ofI,
, hereinafter referred to as Owner, am fully cognizant of theCITY OF HUNTSVILLE
B.
1.
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.
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
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.
DateSignature
Title
Form ROW-U-35
(Rev. 08/19)
Page 9
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
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:
June 2020
Texas
of TransportationDepartment
Form ROW-U-JUAA
Rev. 12/2006
GSD-EPC
Page 1 of 2
______ __________
Initial Date
UTILITY JOINT USE ACKNOWLEDGEMENT
REIMBURSABLE UTILITY ADJUSTMENT
U-Number: U15575
District: Bryan County: Walker
Federal Project No.: Highway: IH-45
ROW CSJ: 0675-07-109 From: SH 30
Projected Highway Letting Date: 6/1/2020 To: 0.9 mi North of SH 30
WHEREAS, the State of Texas, (“State”), acting by and through the Texas Department of Transportation
(“TxDOT”), proposes to make certain highway improvements on that section of the above-indicated highway; and
WHEREAS, the City of Huntsville, (“Utility”), proposes to adjust or relocate certain of its facilities, if applicable,
and retain title to any property rights it may have on, along or across, and within or over such limits of the highway
right of way as indicated by the location map attached hereto.
NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties
mutually agree as follows:
It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right
of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing
in this Acknowledgement shall serve to modify or extinguish any compensable property interest vested in the
Utility within the above described area. If the facilities shown in the aforementioned plans need to be altered or
modified or new facilities constructed to either accommodate the proposed highway improvements or as part of
Utility’s future proposed changes to its own facilities, Utility agrees to notify TxDOT at least 30 days prior thereto,
and to furnish necessary plans showing location and type of construction, unless an emergency situation occurs
and immediate action is required. If an emergency situation occurs and immediate action is required, Utility
agrees to notify TxDOT promptly. If such alteration, modification or new construction is in conflict with the current
highway or planned future highway improvements, or could endanger the traveling public using said highway,
TxDOT shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the
protection of the highway facility and the traveling public using said highway. Such regulations shall not extend,
however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of
the area of joint usage above described.
If Utility’s facilities are located along a controlled access highway, Utility agrees that ingress and egress for
servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets,
or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be
made to the outer portion of the highway right of way from any one or all access points. Where supports,
manholes or other appurtenances of the Utility’s facilities are located in medians or interchange areas, access
from the through-traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth
the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of
access or service operations as herein provided will not permit emergency repairs as required for the safety and
welfare of the public, the Utility shall have a temporary right of access to and from the through-traffic roadways
and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such
repairs are initiated and adequate provision is made by Utility for the convenience and safety of highway traffic.
Except as expressly provided herein, the Utility’s rights of access to the through-traffic roadways and/or ramps
shall be subject to the same rules and regulations as apply to the general public.
If Utility’s facilities are located along a non-controlled access highway, the Utility’s rights of ingress and egress to
the through-traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general
public.
Form ROW-U-JUAA
Rev. 12/2006
Page 2 of 2
______ __________
Initial Date
Participation in actual costs incurred by the Utility for any future adjustment, removal or relocation of utility
facilities required by highway construction shall be in accordance with applicable laws of the State of Texas.
Utility will, by written notice, advise TxDOT of the beginning and completion dates of the adjustment, removal, or
relocation, and, thereafter, agrees to perform such work diligently, and to conclude said adjustment, removal, or
relocation by the stated completion date. The completion date shall be extended for delays caused by events
outside Utility’s control, including an event of Force Majeure, which shall include a strike, war or act of war
(whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or
other act of God, sabotage, or other events, interference by the State or any other party with Utility’s ability to
proceed with the relocation, or any other event in which Utility has exercised all due care in the prevention thereof
so that the causes or other events are beyond the control and without the fault or negligence of Utility.
It is expressly understood that Utility conducts the new installation, adjustment, removal, and/or relocation at its
own risk, and that TxDOT makes no warranties or representations regarding the existence or location of utilities
currently within its right of way.
The Utility and the State, by execution of this Acknowledgement , do not waive or relinquish any right that they
may have under the law.
The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement
on behalf of the party represented.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
UTILITY EXECUTION RECOMMENDED:
Utility: City of Huntsville
Name of Utility District Engineer, District
By:
Authorized Signature
Print or Type Name
Title:
Date:
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:
Director, Right of Way Division
Date:
Form ROW-U-35
(Rev. 08/19)
Page 10
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “F”
Eligibility Ratio
Eligibility Ratio established: %
Non-interstate Highway (Calculation attached)
Interstate Highway
100
IH-45 Segment 2A Utility Relocation
Eligibility Ratio Calculation
CSJ 0675-06-108
Conflict Number Proposed LF Cost of Adjustment Individual Eligibility Ratio Cost*Ratio
34/35 322 80,680.00$ 100%80,680.00$
36 181 53,330.00$ 100%53,330.00$
Total 503 134,010.00$ 134,010.00$
Eligibility Ratio 100%
9/23/2020 Page 1 of 1
Form ROW-U-35
(Rev. 08/19)
Page 11
______ __________ ______ __________
Initial Date Initial Date
TxDOT Utility
Attachment “G”
Betterment Calculation and Estimate
Elective Betterment Ratio established: %
(Calculation attached)
Forced Betterment
(Provide supporting documentation)
Not Applicable
Form ROW-U-35
(Rev. 08/19)
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-1A and
ROW-U-1B
Or
ROW-U-1C
The roadway improvement project is designated as an Interstate Highway project;
therefore, no supporting documentation of compensable interest is required.
IH-45 Segment 2A Reconstruction
City of Huntsville Easement List
ROW CSJ TxDot Parcel Main Lane Sta Left or Right Easement Description
0675-06-109 53 1881+00 RT COH 20' Sewer Easement V. 463, p. 533, OPR
0675-06-109 54 1871+00 LT COH 20' Water esmt. V. 190, p. 241, OPR
Quit Claim
Joint Use
Agenda Item #2b
Item/Subject: Consider approving an Amendment to the Option to Purchase and Agreement to
Pursue Water Supply between City of Huntsville and Montgomery County Municipal Utility Districts
Number 8 and 9.
Initiating Department/Presenter: Public Works
Presenter: Brent S. Sherrod, P.E., Director of Public Works
Recommended Motion. Move to approve the Amendment to the Option to Purchase and Agreement
to Pursue Water Supply between City of Huntsville and Montgomery County Municipal Utility Districts
Number 8 and 9.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion: The City has agreements with Montgomery County Municipal Utility Districts (MUD) 8 and
9 in which the City provided the MUDs with an option to purchase up to 2.0 million gallons per day
(mgd) of treated wastewater that the City discharges into the San Jacinto River basin. The first
amendment to the Option Period expires on January 31, 2021.
Previously the City was issued a Water Use Permit by the Texas Commission on Environmental Quality
(TCEQ), which allows the City to use the bed and banks of the San Jacinto River to transport the water
to the MUDs.
The Second Amendment is intended to extend the MUDs option period an additional two years. The
MUDs will pay the City an additional $5,000 for the extended option period.
Previous Council Action: At the City Council meeting on March 6, 2018, Council approved the First
Amendment to the Option to Purchase agreement.
Financial Implications:
☒Item is estimated to generate additional revenue: $5,000 for the additional option period.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Second Amendment to the Option to Purchase and Agreement to Pursue Water Supply.
10/6/2020
Agenda Item: 2b
CITY COUNCIL AGENDA
00310896
Second Amendment to the Option to Purchase and Agreement to Pursue Water Supply
Page 1 of 5
SECOND AMENDMENT TO THE OPTION TO PURCHASE
AND AGREEMENT TO PURSUE WATER SUPPLY
This is the Second Amendment (“Second Amendment”) to the September 9, 2010 Option
to Purchase and Agreement to Pursue Water Supply (“2010 Option Agreement”) between
Montgomery County Municipal Utility District No. 8 (“MUD 8”) and Montgomery County
Municipal Utility District No. 9 (“MUD 9”) on one hand, and the City of Huntsville (“City”), on
the other hand. The Effective Date of this Second Amendment is _________________, 20____.
References to the “Districts” are to MUD 8 and MUD 9, collectively. References to the
“Parties” are to the Districts and the City, collectively.
RECITALS
WHEREAS, the 2010 Option Agreement, and a Water Supply Agreement also entered between
the Parties on September 9, 2010, provide subject to stated terms that the City will make available
to the Districts, and the Districts have a right to purchase, the City’s wastewater discharges;
WHEREAS, on August 15, 2011, the City filed an application with the Texas Commission on
Environmental Quality (the “TCEQ”) to obtain an authorization to convey discharged water using
the bed and banks of the West Fork of the San Jacinto River and in Lake Conroe for the subsequent
diversion by the Districts at a point to be established by the Districts on Lake Conroe;
WHEREAS, the City of Houston (“Houston”) and the San Jacinto River Authority (“SJRA”), who
jointly own Certificate of Adjudication No. 10-4963, as amended, for maintaining and operating
Lake Conroe, objected to the City’s application;
WHEREAS, effective July 28, 2017, the Districts, the City, Houston, and SJRA entered into the
“Settlement Agreement Including Terms for Water Pass-Through, Water Commitment and
Encroachment” (“Settlement Agreement”) to compromise the disputed claims and avoid litigation;
WHEREAS, as part of the Settlement Agreement, the City agreed to commit, to Houston and
SJRA, 21% of the quantity of water the City discharges to supply the Districts pursuant to the
Water Supply Agreement;
WHEREAS, to ensure there was no conflict between the 2010 Option Agreement and the
Settlement Agreement, the Parties agreed to amend the 2010 Option Agreement to reflect the
City’s commitment of water to Houston and SJRA;
WHEREAS, recognizing that settling Houston’s and SJRA’s objections extended the time
required to obtain authorization from the TCEQ what the Parties anticipated when the 2010 Option
00310896
Second Amendment to the Option to Purchase and Agreement to Pursue Water Supply
Page 2 of 5
Agreement was entered, the Parties entered into the First Amendment to the 2010 Option
Agreement (the “First Amendment”) on March 6, 2018 to extend the period of time within which
the Districts may exercise the option to purchase the City’s wastewater discharges; and
WHEREAS, the Parties now recognize that it is to their mutual benefit to further extend the period
of time within which the Districts may exercise the option to purchase the City’s wastewater
discharges and enter into this Second Amendment;
NOW, THEREFORE, pursuant to the general laws applicable to cities and municipal utility
districts, including Chapter 791, Texas Government Code, and Chapter 572, Texas Local
Government Code, and as otherwise authorized and permitted by the laws of the State of Texas;
for and in consideration of the covenants, conditions and undertakings hereinafter described, and
for further good and valuable consideration contained in the 2010 Option Agreement, the First
Amendment, the Water Supply Agreement, and this Second Amendment, and subject to each and
every term and condition of these agreements, as amended, the Parties agree to amend, modify and
charge certain paragraphs of the 2010 Option Agreement as follows:
I. OPTION PERIOD EXTENDED
A. In consideration of the Districts’ payment to the City in the sum of $100.00 (“Fee to Extend
Option)” and other good and valuable consideration, paid on or before the Effective Date of this
Second Amendment, the City hereby extends all the rights granted to the Districts in the 2010
Option Agreement and the First Amendment for an additional period of time through midnight on
January 31, 2023, as implemented below in Section II of this First Amendment.
B. The Districts also shall pay to the City $4,900.00 as a Subsequent Option Payment pursuant
to the provisions of the 2010 Option Agreement and the First Amendment, as hereby amended.
C. The payments provided for in this Section I shall be paid from current funds available to
the Districts in accordance with Chapter 791 of the Texas Government Code.
II. AMENDMENT OF 2010 OPTION AGREEMENT
A. Section 1.04, Independent Consideration for Option, shall be amended to read as follows:
1.04 Independent Consideration for Option. This exclusive Option during the
Option Period is granted in consideration of the Districts’ payments to the City in the sum of $100
(“Option Fee”) and $100 (“Fee to Extend Option”) paid on the Effective Dates of this Option
Agreement and the Second Amendment to this Option Agreement, respectively. The Option Fee
and the Fee to Extend Option are independent consideration for the grant of the Option;
accordingly, the Option Fee and Fee to Extend Option shall not be applied to the Option Payments.
00310896
Second Amendment to the Option to Purchase and Agreement to Pursue Water Supply
Page 3 of 5
The Parties stipulate that the Option Fee and the Fee to Extend Option are sufficient consideration
for this Option Agreement, as amended.
B. Section 1.05, Option Period, shall be amended to read as follows:
1.05 Option Period. Unless terminated in accordance with Article 6 (Termination of
Option Agreement) of this Option Agreement or extended by written agreement of the Parties, the
Option shall commence on the Effective Date, and end at midnight on January 31, 2023.
C. Section 1.06, Option Payments, shall be amended by adding a new Subsection (f) to read
as follows:
(f) Notwithstanding Subsections (c) – (e) of this Section, and as provided in the Second
Amendment to this Option Agreement, the Districts also shall pay to the City $4,900.00 as
an additional Subsequent Option Payment. The Districts shall become obligated to pay the
Subsequent Option Payment provided for in this Subsection (f) within ten (10) days
following the Effective Date of the Second Amendment to this Option Agreement.
F. Notice of Change of Address. Notice pursuant to Section 8.01 (Notices) is hereby given
of the following changes for the Districts:
For Montgomery County Municipal Utility District No. 8:
Elliot M. Barner
Radcliffe Bobbitt Adams Polley PLLC
2929 Allen Parkway, Suite 3450
Houston, Texas 77019-7120
For Montgomery County Municipal Utility District No. 9:
Clark Stockton Lord
Bracewell LLP
711 Louisiana Street, Suite 2300
Houston, Texas 77002
G. All Other Terms Remain in Force and Effect. The Parties intend and agree that all other
terms and conditions in the 2010 Option Agreement not expressly amended by the First
Amendment and this Second Amendment shall remain in full force and effect. If there is
a conflict between the terms and conditions of this Second Amendment and the 2010
Option Agreement and the First Amendment, the terms and conditions of this Second
Amendment control.
IN WITNESS WHEREOF, the Parties, who have had the opportunity to consult with their
attorney with respect hereto and who fully and completely understand the terms and provisions
hereof, have executed this First Amendment on the dates indicated below.
00310896
Second Amendment to the Option to Purchase and Agreement to Pursue Water Supply
Page 4 of 5
00310896
Second Amendment to the Option to Purchase and Agreement to Pursue Water Supply
Page 5 of 5
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
BY: ___________________________________________________
President of the Board of Directors for MUD 8
DATE SIGNED: _______________________________________
ATTEST: _____________________________________________
Secretary of the Board of Directors for MUD 8
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
BY: ___________________________________________________
President of the Board of Directors for MUD 9
DATE SIGNED: _______________________________________
ATTEST: _____________________________________________
Secretary of the Board of Directors for MUD 9
CITY OF HUNTSVILLE, TEXAS
BY: ___________________________________________________
Andy Brauninger, Mayor of the City of Huntsville
DATE SIGNED: _______________________________________
ATTEST: _____________________________________________
City Secretary of the City of Huntsville
APPROVED AS TO FORM:
______________________________________
Leonard Schneider
City Attorney for the City of Huntsville, TX
Agenda Item #2c
Item/Subject: Consider approving the Use of Reclaimed Water Agreement between City of Huntsville
and Sam Houston State University.
Initiating Department/Presenter: Public Works
Presenter: Brent S. Sherrod, P.E., Director of Public Works
Recommended Motion: Move to approve the Use of Reclaimed Water Agreement between City of
Huntsville and Sam Houston State University.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion: Sam Houston State University (SHSU) has been working for some time on a proposed water
reclamation plant for their cooling tower make up water. The proposed plant would process City of
Huntsville wastewater and use the treated water for their needs. During the process of trying to get a
permit from the Texas Commission on Environmental Quality (TCEQ) it became evident that the plant
had to be owned and operated by the City of Huntsville (City) since they were proposing to treat City
wastewater. The plant would also need to be permitted by the City under the existing permit for the
A.J. Brown Treatment Plant since that is the water shed that services the area.
SHSU made a presentation to City Council at a workshop before the Council Meeting last December.
Since that time staff and attorneys from the City and SHSU have been working on developing a mutually
acceptable agreement to present to City Council. The agreement in general provides for the City to own
and operate the plant including applying for and obtaining the TCEQ permit. In exchange, SHSU will pay
all operating expenses plus 10 percent. SHSU would retain ownership of the land where the plant is
located.
Previous Council Action: At the City Council meeting on 12/3/2019, Council and SHSU held a workshop
on the proposed Water Reclamation Plant.
Financial Implications:
☒Item is estimated to generate additional revenue: Agreement calls for 10 percent of total cost.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Use of Reclaimed Water Agreement
10/6/2020
Agenda Item: 2c
CITY COUNCIL AGENDA
Use of Reclaimed Water Agreement Page 1 of 13
USE OF RECLAIMED WATER AGREEMENT
The City of Huntsville, Texas, a home-rule city (hereinafter “City”), and Sam Houston State University,
(hereinafter “User”), a member of the Texas State University System, pursuant to the Interlocal
Cooperation Act, Texas Government Code Chapter 791, in mutual consideration of the provisions
herein contained agree as follows:
RECITALS
WHEREAS, the User understands and acknowledges that it must comply with the
requirements of Title 30, Chapter 210 of the Texas Administrative Code as a user of the City’s
Reclaimed Water;
WHEREAS, the Parties seek to enter into an arrangement for water conservation through
reclamation and reuse in accordance with guidelines of the Texas Commission on Environmental
Quality (“TCEQ”);
WHEREAS, the University will design, engineer, finance, construct, and install, a Water
Reclamation Plant on the User’s property located at 1821 Robby K. Marks, Dr., Huntsville, Texas, the
connections to the City’s wastewater collection system to divert wastewater for treatment and to
dispose of excess Reclaimed Water, and the facilities needed to transport the reclaimed wastewater
from the Point of Delivery to the point(s) of use;
WHEREAS, the City has wastewater discharge permits issued by the Texas Commission on
Environmental Quality (“TCEQ”), and the City intends to apply for a 30 Texas Administrative Code
Chapter 210 authorization (“210 Authorization”) to operate the Plant and supply Reclaimed Water to
the User;
WHEREAS, the Parties intend that once the City has obtained the 210 Authorization, the City
will operate the Plant and the User will be the sole user of the Type II Reclaimed Water the Plant
produces.
WHEREAS, the use of Reclaimed Water is intended to allow the safe utilization of Reclaimed
Water for conservation of surface and ground water; to ensure the protection of public health; to
protect ground and surface waters; and to help ensure an adequate supply of water resources for
present and future needs;
WHEREAS, the beneficial use of the Reclaimed Water by the User will benefit both the User
and the City; and
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and other
good and valuable consideration, the parties hereto agree as follows:
Use of Reclaimed Water Agreement Page 2 of 13
ARTICLE 1. DEFINITIONS.
Beneficial use – An economic use of wastewater in accordance with the purposes, applicable
requirements, and quality criteria of Chapter 210 of the TCEQ rules, and which takes the place of
potable and/or raw water that could otherwise be needed from another source. The use of
Reclaimed Water in a quantity either less than or the economically optimal amount may be
considered a beneficial use as long as it does not constitute a nuisance.
Chapter 210 of the TCEQ rules – Chapter 210 of Title 30 of the Texas Administrative Code as amended
from time to time by the TCEQ.
Executive Director – The executive director of the TCEQ, or any authorized individual designated to
act for the executive director.
Fiscal Year – October 1 to September 30 of each year.
Nuisance – As defined by the ordinances of the City of Huntsville, and including any distribution,
storage, or use of Reclaimed Water, in such concentration and of such duration that is or may tend to
be injurious to or which adversely affects human health or welfare, animal life, vegetation, or
property, or which interferes with the normal use and enjoyment of animal life, vegetation, or
property.
Party or Parties – The City of Huntsville and User.
Plant – The Water Reclamation Plant located at 1821 Robby K. Marks Dr.
Points of Delivery – Locations in which the Reclaimed Water is delivered by the City to the User and
the points in which the User takes control of and responsibility for the Reclaimed Water. The exact
locations of the Points of Delivery are described in Exhibit A attached hereto and incorporated herein.
Reclaimed Water – Domestic or municipal wastewater that has been treated to a quality suitable for
a beneficial use, pursuant to the provisions of Chapter 210 of Title 30 of the Texas Administrative
Code and other applicable rules and permits, and which, at a minimum, meets the Type II quality
criteria.
Reclaimed Water Delivery Facilities – The facilities located on the User’s side of the Point of Delivery
that the User uses to deliver the Reclaimed Water to its point of use, and to depose of any excess
Reclaimed Water back into the City’s wastewater collection system.
Reclaimed Water Treatment Facilities – The connections to the City’s wastewater collection system,
lift stations, the Plant, and the facilities to convey the Reclaimed Water to the Point of Delivery, and
the meter, and the Point of Delivery.
Service Area – The area where User may use the Reclaimed Water for beneficial use. The exact
location of the Service Area is described in Exhibit B attached hereto and incorporated herein.
Use of Reclaimed Water Agreement Page 3 of 13
TCEQ – The Texas Commission on Environmental Quality and any predecessor agencies.
ARTICLE 2: TRANSFER AND USE OF RECLAIMED WATER
2.01 Except as provided in section 2.02, and upon written approval by the Executive Director of the
TCEQ as provided in section 3.01, the City shall provide Reclaimed Water to User at the Points of
Delivery.
2.02 User shall only use the Reclaimed Water for User’s water chillers, watering grounds, and for
other purposes authorized by 30 Texas Administrative Code Chapter 210.
2.03. Use of the Reclaimed Water by the User is limited to the Service Area
2.04 Reclaimed Water transferred from the City to User shall be done on a demand only basis
during times when the Reclaimed Water can be beneficially used as provided by this Agreement.
User may refuse delivery of the Reclaimed Water at any time that the Reclaimed Water cannot be
beneficially used by User, will cause a nuisance, or will cause User or the City to violate Chapter 210
of the TCEQ rules. The User shall return any excess Reclaimed Water to the City’s wastewater
collection system.
2.05 All Reclaimed Water delivered through the User shall be metered through one or more meters
at the Points of Delivery that will be installed by the User and operated and maintained by the City. It
will be the duty of each Party to this Agreement to notify the other Party in the event any Party
becomes aware that the meter(s) is registering inaccurately or malfunctioning.
2.06 The City has the right to inspect the Service Area, Points of Delivery, meters, the use of the
Reclaimed Water by the User, and the records maintained by the User in accordance with this
Agreement.
ARTICLE 3: NOTICE TO AND APPROVAL FROM TCEQ
3.01 The City’s obligation to provide the Reclaimed Water to User is contingent upon obtaining
written approval from the Executive Director of the TCEQ and no Reclaimed Water will be provided to
User unless and until the City obtains such approval.
3.02 Within 30 days after the Effective Date of this Agreement, the City shall notify the Executive
Director of its intent to provide Reclaimed Water to the User for the purposes described in this
Agreement.
3.03 The City shall provide the User with written notice of its receipt of the 210 Authorization from
the TCEQ.
ARTICLE 4: OBLIGATIONS OF USER
4.01 User shall comply with the provisions contained in the Operation and Maintenance Plan
attached hereto as Exhibit C and incorporated herein.
Use of Reclaimed Water Agreement Page 4 of 13
4.02 User shall not change or alter its use of Reclaimed Water or the method of application to the
Service Area of the Reclaimed Water without prior written consent from the City.
4.03 User shall:
(A) use the Reclaimed Water in accordance with Chapter 210 of the TCEQ rules; and
(B) comply with the requirements of Chapter 210 of the TCEQ rules.
4.04 User shall not use the Reclaimed Water in a manner so as to cause nuisance conditions, as
defined by City ordinance or state law, as a result of the distribution, the use, and/or storage of
Reclaimed Water.
4.05 User shall not use the Reclaimed Water in a way that degrades ground water quality to a
degree adversely affecting its actual or potential uses. The User shall not allow an unauthorized
discharge of the Reclaimed Water.
4.06 The User shall design, engineer, finance, construct, and install the Plant and Reclaimed Water
Treatment Facilities. All Reclaimed Water Treatment Facilities shall be designed, constructed,
operated, and maintained in accordance with the rules of TCEQ.
4.07 User shall only dispose of any excess Reclaimed Water into the City’s wastewater collection
system.
ARTICLE 5: CONSTRUCTION OF FACILITIES; OPERATION AND MAINTENANCE OF PLANT AND
FACILITIES
5.01 Reclaimed Water Treatment Facilities. The Reclaimed Water Treatment Facilities and
Reclaimed Water Delivery Facilities are designed to treat wastewater to Type II standards, as that
term is defined in 30 Texas Administrative Code Chapter 210, and to convey treated wastewater in
accordance with 30 Texas Administrative Code Chapter 210. The User shall provide the City with at
least sixty (60) days prior written notice of date the User desires the City to begin its operation and
maintenance responsibilities under this Agreement (“Commencement Date”) and desires to begin to
receive Reclaimed Water. In no event shall the Commencement Date be prior to the City obtaining
the 210 Authorization from the TCEQ.
5.02 Operation and Maintenance Responsibilities. The City and the User hereby agree that the
City will operate and maintain the connections of the Plant to the City’s wastewater collection
system, the Plant, and Reclaimed Water Treatment Facilities up to the Point of Delivery on behalf of
the User, for a term beginning on the Commencement Date, and ending on the last day of the
term of this Agreement. The User shall be responsible for the operation of the Reclaimed Water
Distribution System after the Point of Delivery. During the term of this Agreement the City, with
the written approval of the User, shall have the right to operate, and maintain the Reclaimed
Water Treatment Facilities, including budgeting and billing the User for the cost of operating and
maintaining such facility as a part of the Reclaimed Water Treatment Facilities; provided, however,
Use of Reclaimed Water Agreement Page 5 of 13
that nothing herein shall divest the User of any portion of its title to such facility. The City shall
maintain, and as appropriate, renew the 210 Authorization and any other permits, licenses, and other
approvals the City is required to have in order to treat and dispose wastewater, and to operate and
maintain the Reclaimed Water Treatment Facilities.
The City and the User shall each have the right during the term of this Agreement to enter
the property upon which the Reclaimed Water Treatment Facilities are located, including but not
limited to the tract of land more fully described in Exhibit “A” hereto, for any purpose.
5.03 Operational Documents. At least 45 days prior to the Commencement Date, the User will
provide to City at least one copy of all documents reasonably necessary for the City to properly
operate and maintain the Reclaimed Water Treatment Facilities. These documents will include
construction plans and drawings, specifications, as-built drawings, operational logs, permits,
operation and maintenance manuals, preventive and repair maintenance records, and
correspondence with and reports to regulatory agencies.
The User further agrees to provide to the City for the term of this Agreement all approvals
authorizing the construction and operation of the Reclaimed Water Treatment Facilities, if any. The
City and the User agree to cooperate in meeting the requirements of the TCEQ and other
regulatory agencies in acquiring and maintaining any authorizations and permits and multi-
jurisdictional documents related to the Reclaimed Water Treatment Facilities.
5.04 Ownership of Wastewater. Title to all wastewater delivered by the City to the Reclaimed
Water Treatment Facilities shall remain in the City and all Reclaimed Water shall remain in the
City until the Point of Delivery, and again after disposal of excess Reclaimed Water is disposed of into
the City’s wastewater collection system.
5.05 User’s Responsibilities for Extensions, Expansions, Improvements to the Reclaimed Water
Treatment Facilities. The User shall own the Reclaimed Water Treatment Facilities and all land and
interests in land comprising the Reclaimed Water Treatment Facilities. The User shall be responsible
to extend, expand, upgrade, or otherwise modify the Reclaimed Water Treatment Facilities, as it
determines to be necessary and desirable, based on the User’s growth, or any requirements in any
order, or rule or regulation of any regulatory authority, including but not limited to Chapter 210 of
the TCEQ’s rules. The User shall be responsible for designing, financing, acquiring and constructing
the Reclaimed Water Treatment Facilities and all expansions and extensions to the Reclaimed Water
Treatment Facilities, including retaining all legal, financial, engineering, and other consultants
(“Consultants”) that it determines to be necessary and desirable for the User to satisfy its obligations
described in this Section.
User agrees to consult with the City on any extensions, expansions or improvements of the Reclaimed
Water Treatment Facilities. The City shall obtain any additional approvals from the TCEQ if such
extension, expansion or improvement so requires. The City has the right to inspect any
improvements to the Reclaimed Water Treatment Facilities during construction of such
improvements.
Use of Reclaimed Water Agreement Page 6 of 13
5.06 Insurance for Plant and Reclaimed Water Treatment Facilities. The User shall each keep
insured the Plant and Reclaimed Water Treatment Facilities and all property associated with the Plant
and Reclaimed Water Treatment Facilities as are customarily insured political subdivisions in Texas
operating like facilities with a responsible insurance company or companies against risks, accidents,
casualties against which and to the extent insurance is customarily carried by political subdivisions.
Such insurance provisions shall be designed so as to assure and facilitate, to the extent feasible and
practicable, the restoration of damaged or destroyed properties, and to minimize interruption of
service to the User. Further, the User and the City shall each carry comprehensive general liability
insurance against liability for bodily or personal injury or death of any person or damage to any
property with a minimum amount of $1,000,000 per occurrence or $2,000,000 aggregate. Each Party
shall be named as an additional insured in said general liability insurance policies. The City shall each
carry insurance that would ordinarily be carried by operators of sanitary sewer systems. Such
insurance shall include Workers Compensation, comprehensive general liability insurance, and
vehicle liability insurance.
5.07 Sole User. The User shall be the sole user of the Reclaimed Water from Reclaimed Water
Treatment Facilities.
ARTCLE 6: BUDGET; BILLING
6.01 Payment of Costs to Obtain 210 Authorization. The User shall pay the City all of the costs
associated with obtaining the 210 Authorization from the TCEQ. The City shall submit invoices to the
User with the costs periodically, and the User shall pay the City the invoiced amount in accordance
with the Texas Prompt Payment Act.
6.02 Preparation of First Budget. Approximately thirty (30) days prior to the Commencement Date
as defined in Section 5.01, the City will prepare a proposed Annual Budget and Annual Fee for the
remaining months of the Fiscal Year. The Annual Budget shall include all operation and maintenance
expenses, including establishment of any operating and reserve accounts, and all expenses of
commencing operation. The City shall submit the proposed Annual Budget and Annual Fee to the
User and shall follow the procedures set forth in Section 6.03 for the adoption of the Annual Budget
and Annual Fee for the remaining months of the Fiscal Year. This Annual Fee shall be used to
determine the Users payments during first Fiscal Year as provided by pursuant to the provisions of
Section 6.06, and at the end of the first Fiscal Year, the Annual Budget and Annual Fee shall be
subject to the Annual Adjustment as provided by 6.06.
6.03 Annual Budget. Not later than the August 15th of each year in which the City operates the
Reclaimed Water Treatment Facilities, the City shall cause to be prepared its proposed budget for the
operation of the Reclaimed Water Treatment Facilities for the next ensuing Fiscal Year (“Annual
Budget”), including without limitation all operation and maintenance expenses, and the Annual Fee,
as determined pursuant to Section 6.04. A copy of such proposed Annual Budget and Annual Fee
shall be filed with the Vice President, Facilities Management, Sam Houston State University, and shall
be dated as of the date mailed by the City. The User shall submit any comments to the City regarding
the proposed Annual Budget and Annual Fee within thirty (30) days after the date the proposed
Annual Budget and Annual Fee was mailed to the User. The City shall consider any comments filed by
the User prior to the adoption of the Annual Budget and Annual Fee. Upon adoption by the City
Use of Reclaimed Water Agreement Page 7 of 13
Council of the City, the Annual Budget and Annual Fee will become effective for the next ensuing
Fiscal Year.
6.04 Amendment of Annual Budget. The Annual Budget may be amended by the City at any time
to transfer from one line item of the Budget to another any funds which will not be needed by such
line item so long as the total amount provided in the Annual Budget is not increased. Further, the
amount for any line item or the amount for any purpose in the Annual Budget may be increased by
the City even though such action might cause the total amount of the Annual Budget to be exceeded;
provided that such action shall be taken only after prior notice to the Vice President, Facilities
Management, Sam Houston State University of at least thirty (30) days from the date of receipt of
notice and with the opportunity for the User to review and comment on the proposed increase. If
the City adopts an amendment, the amended Annual Budget and Annual Fee shall be filed
immediately by the City with the User. The City and the User acknowledge that the operation of the
Reclaimed Water Treatment Facilities will from time to time result in cost increases due to
unexpected events or unexpected price increases for goods and services. The City and the User
understand that such cost increases shall be included in the Annual Adjustment provided for in
Section 6.06.
Any budget amendment proposal must be accompanied with documentation of changes in the City’s
operation and maintenance expenses. In no event shall an amended budget be greater than the
City’s actual expenses plus ten percent (10%).
6.05 Annual Fee for Operation and Maintenance of Reclaimed Water Treatment Facilities. The
annual fee for the operation and maintenance of the Reclaimed Water Treatment Facilities shall be
the total Annual Budget plus ten percent (10%) (“Annual Fee”).
6.06 Annual Adjustment. Promptly after the end of each Fiscal Year, the operation and
maintenance expenses of the Reclaimed Water Treatment Facilities (including administrative and
general expense) actually incurred during that Fiscal Year will be determined and the Annual Fee shall
be recalculated (“Adjusted Annual Fee”). If all payments made by the User are less than the Adjusted
Annual Fee, then the User shall pay the amount of such deficiency with the next monthly bill or bills,
not to exceed three bills. Any excess shall be applied as a credit to the User’s next monthly bill or
bills.
6.07 Operation and Maintenance Expenses. The operation and maintenance expenses of the
Reclaimed Water Treatment Facilities shall be the actual cost incurred by the City in the
administration, operation and maintenance of the Reclaimed Water Treatment Facilities, including,
without limitation:
(a) wages and salaries, employee benefits, chemicals, the purchase and carrying of stores,
materials and supplies, power and utilities, supervision, engineering and professional fees, testing,
auditing, franchises, regulatory assessments, waste and sludge disposal charges or assessments,
claims, tools and equipment, insurance and all other items and expenses of a like or different nature
reasonably required for the efficient maintenance and operation thereof, the billing and collection for
service, the disconnection and reconnection of service, and the performance of the provisions of this
Agreement;
Use of Reclaimed Water Agreement Page 8 of 13
(b) operation and maintenance expenses associated with the City’s responsibilities
outlined in Section 5.02 of this Agreement;
(c) the administrative and general expense of the City attributable to administration of
the Reclaimed Water Treatment Facilities as determined by the City, not to exceed an amount equal
to ten percent (10 %) of the total of all other operation and maintenance expense.
6.08 Billing; Payments by the User. The City will render bills to the User at least once each month
for one-twelfth (1/12) of the Annual Fee and for any additional amount as determined by the Annual
Adjustment. The City shall, until further notice, render such bills on or before the last day of each
month and such bills shall be due and payable at the City’s office indicated below by the last day of
the following month or 30 days after such bill is deposited into the United States mail, properly
stamped, addressed and postmarked to the User, whichever is later. The User shall make all
payments in such coin or currency of the United States of America as at the time of payment shall be
legal tender for the payment of public and private debts and shall make payment to the City at City
Hall in Huntsville, Texas, or at such other place as the City may from time to time designate by sixty
(60) days written notice in accordance with Chapter 2251 of the Texas Government Code.
6.09 Delinquency in Payment. If the User fails to pay any bills when due and payable, the City may
give written notice of such delinquency to the User and if all bills due and unpaid, including any
penalty for late payment which shall be equivalent to that which is charged by the City as provided by
the City’s Code of Ordinances Section 46-100, are not paid within forty-five (45) days after delivery of
such notice, then the User agrees that the City shall be authorized, at its option, in addition to any
other remedy available at law or in equity, to institute suit for collection thereof and to collect any
amounts due and unpaid, together with late fees, interest and reasonable attorneys’ fees, and the
User further agrees that the City may, at its option, discontinue providing Reclaimed Water to the
User until all amounts due and unpaid are paid in full with interest as herein specified.
Any such discontinuation of service shall not, however, relieve the User of its unconditional
obligation to make the payments due and payable to the City prior to termination. This provision
shall survive the termination of this Agreement.
6.10 The City acknowledges that acceptance of funds under this Agreement constitutes acceptance
of the authority of the State of Texas Auditor’s Office or any successor agency (Auditor), to conduct
an audit or investigation in connection with those funds pursuant to Sections 51.9335(c) of the Texas
Education Code. The City shall cooperate with any authorized agents of the State of Texas and shall
provide them with prompt access to any relevant records requested for investigation or audit. The
City’s failure to comply with this requirement shall constitute a material breach of this Agreement
and shall authorize User and the State of Texas to immediately assess immediately appropriate
damages for such failure. The City shall ensure that this provision concerning the State’s authority to
audit funds received indirectly by subcontractors through the City and the requirement to cooperate
in included in any subcontract awards.
Use of Reclaimed Water Agreement Page 9 of 13
ARTICLE 7: EFFECTIVE DATE; TERM; TERMINATION OF AGREEMENT; DAMAGES
7.01 This Agreement shall be effective on the date of the last signatory to this Agreement.
7.02 Unless otherwise terminated in accordance with the terms of this Agreement, this Agreement
shall terminate on December 31, 2025.
7.03 The City may terminate the provision of Reclaimed Water under this Agreement and
terminate this Agreement at any time with or without notice for non-compliance by User with
Chapter 210 of the TCEQ rules.
7.04 Upon sixty (60) days written notice indicating the Party’s intent to terminate this Agreement,
either Party may terminate this Agreement with or without cause at any time. The Parties further
understand and agree that this Agreement is subject to termination, either in whole or in part,
without penalty, subject to appropriation or availability of state funds. Notwithstanding the
foregoing, any payment already due to the City shall be paid to the City upon termination.
7.05 In the event the City is unable to deliver the Reclaimed Water allowed under this Agreement
or a portion thereof for any reason, the City shall not be liable for any loss or damages resulting from
the non-delivery. This includes, but is not limited to, the cost to obtain another water supply,
attorney fees, and other costs.
7.06 The City shall not liable for any damages arising from the User’s storage, use, or application of
the Reclaimed Water.
7.07 Force Majeure. Except as provided in Section 8.12, in the event of any act of God, natural
catastrophe, war, civil insurrection, accidents, acts of governmental or judicial bodies other than City,
or any unexpected occurrences beyond the control of either Party which shall materially interfere
with the ability of City to deliver Reclaimed Water, or the ability of the User to accept, transmit to
distribute reclaimed water, the failure of either Party to perform its obligation under this Agreement
shall be excused so long as the condition interfering with performance continues. In such event,
continuation of the maintenance and operation of the Plant shall be solely within the discretion of
the User; and if the User discontinues the treatment operations and the treatment operations are not
replaced by other City treatment facilities, all obligations of either Party to perform shall cease
without prejudice to any claimed or asserted rights of either Party existing prior to the execution of
this Agreement.
7.08 City shall maintain and as appropriate renew the City’s 210 Authorization with TCEQ. The City
shall notify User within ten (10) days of receipt of a notice from TCEQ that its 210 Authorization has
or will be terminated or not renewed.
ARTICLE 8: MISCELLANEOUS PROVISIONS
8.01 Assignability. This Agreement shall not be assignable by any Party except with the written
consent of the other Party.
Use of Reclaimed Water Agreement Page 10 of 13
8.02 Amendment. This Agreement may be amended only by an instrument in writing signed by the
parties. The Parties shall amend this Agreement, in writing, to the extent that such amendment is
necessary to comply with requirements or regulations promulgated by TCEQ or other state or federal
law relating to the delivery, receipt and use of the Reclaimed Water.
8.03 Record Keeping, Necessary Documents and Actions.
(A) Each party agrees to execute and deliver all such other and further instruments and
undertake such actions as are or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
(B) Each party shall maintain and provide records as required by Section 210.36 of the
TCEQ rules and shall maintain all records relating to the use of the Reclaimed Water on site
for a period of five years.
8.04 Entire Agreement. This Agreement constitutes the entire agreement of the Parties and
supersedes any prior or contemporaneous oral or written understandings or representations of the
Parties regarding the provision of Reclaimed Water to the User.
8.05 No Partnership. It is agreed that nothing herein contained is intended nor should be
construed as creating or establishing a relationship of co-partners or partnership between the Parties,
or as creating or establishing the relationship by either Party as agent, representative, or employee of
the other Party for any purpose, or in any manner, whatsoever.
8.06 Hold Harmless. The Parties agree to hold each other harmless in proportion to fault or
causation by the Party holding the other harmless, from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of litigation and
court costs for injury to or death of any person, for damage to any property, or for any breach of
contract, arising out of or in connection with the work done under this agreement to the extent
authorized by the laws and Constitution of the State of Texas.
8.07 Applicable Law. This Agreement will be construed under and in accordance with the laws of
the State of Texas.
8.08 Venue. All obligations of the Parties created in this Agreement are performable in Walker
County, Texas, and venue for any action arising under this Agreement will be in Walker County, Texas.
8.09 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to
confer upon any person or entity, other than to the Parties, any rights, benefits, or remedies under or
by reason of this Agreement.
8.10 Multiple Originals. This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original and all of which together constitute one and
the same instrument for all purposes.
Use of Reclaimed Water Agreement Page 11 of 13
8.11 Notices. Any notice given hereunder by one Party to the other Party shall be in writing and
may be effected by personal delivery, by registered or certified mail, return receipt requested, when
mailed to the proper Party, in care of the official signing this Agreement or by fax or email
transmission as agreed to by the Parties and as evidenced by a confirming return fax or email
transmission.
If to the City:
City of Huntsville, Texas
Attn: City Manager
1212 Avenue M
Huntsville, Texas 77340
Phone: (936) 291-5411 Fax: (936) 291-5409
Email: akulhavy@huntsvilletx.gov
Copy to:
City of Huntsville, Texas
Attn: City Secretary
1212 Avenue M
Huntsville, Texas 77340
Phone: (936) 291-5413 Fax: (936) 291-5409
Email: bpoe@huntsvilletx.gov
If to User:
J. Carlos Hernandez, EdD, CPA
Chief Financial Officer and Senior Vice President for Operations
Sam Houston State University
Box 2027
Huntsville, Texas 77341
Phone: (936) 294-2686, Fax: (936) 294-1963
Email: jch060@shsu.edu
8.12 Severability. Should any court declare or determine that any provisions of this Agreement is
invalid or unenforceable under present or future laws, that provision shall be fully severable; this
Agreement shall be construed and enforced as if the illegal, invalid, or unenforceable provision had
never comprised a part of this Agreement and the remaining provisions of this Agreement shall
remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable
provision or by its severance from this Agreement. Furthermore, in place of each such illegal, invalid,
or unenforceable provision, there shall be added automatically as a part of this Agreement a
provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and
be legal, valid, and enforceable.
8.13 Exhibits and Figures. The following exhibits and figures, attached to this Agreement, are
incorporated into this Agreement as if fully set forth:
Exhibit A: Description of Points of Delivery
Exhibit B: Description of Service Area
Use of Reclaimed Water Agreement Page 12 of 13
Exhibit C: Operation and Maintenance Plan
8.14 Rights and Waivers. Nothing in this Agreement, express or implied, is intended to or confer
upon any person, other than the Parties hereto, any benefits, rights, or remedies under or by reason
of this Agreement. Nothing herein shall be construed as a waiver of the constitutional, statutory, or
common law rights, privileges, defenses, remedies, or immunities of the Parties.
8.15 Compliance with Laws and Regulations. It is understood that the terms and conditions of this
Agreement are governed by the laws of the State of Texas. Both Parties shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the respective obligations of each Party
herein, including those now in effect and hereafter adopted.
8.16 Dispute Resolution. If a dispute, or controversy, or claim arises out of or relates to this
Agreement, the Parties will make a good faith attempt to resolve the issues. If the dispute cannot be
settled by the Parties, the Parties agree to follow the dispute resolution process in Chapter 2009 of
the Texas Government Code.
8.17. INDEMNIFICATION. THE PARTIES AGREE, TO THE EXTENT ALLOWED BY TEXAS LAW, TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OTHER AND THEIR RESPECTIVE ELECTED AND
APPOINTED OFFICIALS, MEMBERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND
REPRESENTATIVES OF THE OTHER PARTY FROM ALL CLAIMS, LIABILITY, DAMAGES, PENALTIES,
CAUSES OF ACTION, SUITS OF ANY KIND, AND LOSSES DIRECTLY ARISING FROM, RELATED TO, OR
RESULTING FROM THE THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT,
TO THE EXTENT CAUSED IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, OR WILLFUL
MISCONDUCT OF A PARTY’S ACTIVITIES RELATED TO THIS AGREEMENT, INCLUDING ANY ACTS OR
OMISSIONS OF THE OTHER PARTY, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE,
CONSULTANT, CONTRACTOR, SUBCONTRACTOR, AND THEIR RESPECTIVE OFFICERS, AGENTS,
DIRECTORS, AND REPRESENTATIVES. THE PROVISIONS OF THIS SECTION WILL NOT BE CONSTRUED
TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH ANY INDEMNITEE HAS
BY LAW OR EQUITY. ALL PARTIES ARE ENTITLED TO BE REPRESENTED BY COUNSEL AT THEIR OWN
EXPENSE IN THE EVENT OF LITIGATION. THE INDEMNIFICATION AND HOLD HARMLESS
OBLIGATIONS OF USER AND THE CITY ARE ENFORCEABLE ONLY TO THE EXTENT PERMITTED BY THE
CONSTITUTION, LAWS OF THE STATE OF TEXAS, TEXAS STATE UNIVERSITY SYSTEM RULES AND
REGULATIONS AND WITHOUT WAIVER OF SOVEREIGN IMMUNITY BY USER OR THE CITY.
Use of Reclaimed Water Agreement Page 13 of 13
IN WITNESS WHEREOF, each party hereto has signed this Agreement or caused this Agreement to be
signed in its name by its officer thereunto duly authorized.
CITY OF HUNTSVILLE, TEXAS
______________________________________________
Aron Kulhavy, City Manager
Date: _________________________________________
APPROVED AS TO FORM:
___________________________________
Leonard Schneider, City Attorney for the
City of Huntsville
Date:______________________________
SAM HOUSTON STATE UNIVERSITY
_____________________________________________
Alisa White, Ph.D., President
Date: _________________________________________
Agenda Item #3a
Item/Subject: Consider approving nominees for City boards, committees, and commissions.
Initiating Department/Presenter: City Council
Presenter: Mayor Andy Brauninger
Recommended Motion: Mayor moves his nominations as presented.
Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens,
businesses and visitors by leveraging the human and fiscal resources available to the community.
Discussion:
Huntsville Arts Commission –
John Escobedo
Main Street Advisory Board –
Malissa Williams
Planning Commission –
Kaylea Williams
Board of Adjustments and Appeals –
JW Driver and Nathan Winkelmann
Previous Council Action: None.
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☐City Manager
10/6/20
Agenda Item: 3a
CITY COUNCIL AGENDA
Request Type:Volunteer for a Board or
Commission
Request Location:
Request ID Number:6154
Date Submitted:8/14/2020
Date Closed:(open)
Date Printed:8/17/2020 8:31:27 AM
Submitter Information:John Escobedo
187 Westridge Drive
Huntsville, TX 77340
Phone: 9362950223
Email:
jescobedo1229@hotmail.com
Priority:Normal
Assigned To:Poe, Brenda
Date/Person Comments
8/16/2020 12:36:01 PM Email sent to: lwoodward@huntsvilletx.gov; citysecretary@huntsvilletx.gov
Reminder: A Board or Commission web request is still open and needs to be closed.
8/14/2020 12:35:03 PM
(anonymous)
Your Request ID Number is 6154.
Select Board(s) and/or Commission(s)
If selected by the Huntsville City Council, on which board/commissions would
you be willing to serve? Huntsville Arts Commission
Your Information
Name John Escobedo
Street Number and Name 187
Westridge Drive
Address Line 2
City Huntsville
State TX
Zip Code 77340
Phone Number 9362950223
Email Address jescobedo1229@hotmail.com
Preferred Contact Method email
Employment and Residency Background Information
Employer Retired
Occupation Retired
How long have you been a resident of Huntsville? Since 1-1985
Are you a qualified voter of the City of Huntsville? Yes
Additional Background Information
Please upload a brief resume, including education, past employment, and any
special background or qualifications you have for serving on this
board/commission. RESUME-John Escobedo.docx
Please state why you wish to serve the City of Huntsville as a member of a
board, commission or committee. I have served our community since my arrival
to Huntsville in 1985 in various Boards, Commissions and committees. I believe
that if you want to live in a great community you have to get involve in it. My
involvement in the Arts Commission has shown me the great opportunities it has to
get individuals and various organizations to showcase their many talents and
different cultures in our diverse city. I would like to continue in my present role to
ensure that all our community have the fair opportunity to funding their projects.
Do you currently serve on a City of Huntsville board, commission or
committee? Yes
If yes, which board(s), commission(s) or committee(s)? Arts Commission
How long? (Include approximate start and end dates) July 2014 to present
Do you have any relatives who work for the City of Huntsville? No
If so, who?
Do you receive any direct compensation or gain from the City of Huntsville?
No
If so, what type?
This application will remain active for ninety (90) days, unless you are
appointed to a board or commission. You must reapply if you would like to be
reappointed at the end of a term or to be considered for another board or
commission.
Request Type:Volunteer for a Board or
Commission
Request Location:
Request ID Number:6131
Date Submitted:7/28/2020
Date Closed:(open)
Date Printed:8/6/2020 2:10:22 PM
Submitter Information:Kaylea Williams
24609 Camwood Ct
PO 249 Waterwood,
Huntsvile, TX, 77320
Huntsville, TX 77320
Phone: 9367181577
Email:
kaylearobin@yahoo.com
Priority:Normal
Assigned To:Poe, Brenda
Date/Person Comments
7/31/2020 8:04:00 AM Email sent to: lwoodward@huntsvilletx.gov; citysecretary@huntsvilletx.gov
A Board or Commission web request has been open for 3 days and needs to be
closed.
7/30/2020 8:04:01 AM Email sent to: lwoodward@huntsvilletx.gov; citysecretary@huntsvilletx.gov
Reminder: A Board or Commission web request is still open and needs to be
closed.
7/28/2020 8:03:16 AM
(anonymous)
Your Request ID Number is 6131.
Select Board(s) and/or Commission(s)
If selected by the Huntsville City Council, on which board/commissions would
you be willing to serve? Board of Adjustments & Appeals,Huntsville Arts
Commission,Huntsville Housing Authority,Historic Preservation
Commission,Huntsville Public Library Board,Main Street Advisory
Board,Other,Parks & Recreation Advisory Board,Planning Commission,Tax
Increment Reinvestment Zone #1 Board of Directors,Veterans Affairs Advisory
Board,Zoning Board of Adjustments
Your Information
Name Kaylea Williams
Street Number and Name 24609
Camwood Ct
Address Line 2 PO 249 Waterwood, Huntsvile, TX, 77320
City Huntsville
State TX
Zip Code 77320
Phone Number 9367181577
Email Address kaylearobin@yahoo.com
Preferred Contact Method email
Employment and Residency Background Information
Employer Kroger
Occupation Manager
How long have you been a resident of Huntsville? 3
Are you a qualified voter of the City of Huntsville? Yes
Additional Background Information
Please upload a brief resume, including education, past employment, and any
special background or qualifications you have for serving on this
board/commission. Kayleas Resume 2019.docx
Please state why you wish to serve the City of Huntsville as a member of a
board, commission or committee. I am aspiring to do more in my community
and to do my part in helping Huntsville come together as a stronger community. I
have balanced my career as a leader in several roles and have been successful in
building strong future leaders for not only Houston but, Huntsville as well. My
proudest moment of my career was being apart of the leadership team that Grand
Opened our Signature Kroger store here in Huntsville. I have deep roots in
Huntsville and I am ready to take on more responsibility in the core of our
community.
Do you currently serve on a City of Huntsville board, commission or
committee? No
If yes, which board(s), commission(s) or committee(s)?
How long? (Include approximate start and end dates)
Do you have any relatives who work for the City of Huntsville? No
If so, who?
Do you receive any direct compensation or gain from the City of Huntsville?
No
If so, what type?
This application will remain active for ninety (90) days, unless you are
appointed to a board or commission. You must reapply if you would like to be
reappointed at the end of a term or to be considered for another board or
commission.
Request Type:Volunteer for a Board or
Commission
Request Location:
Request ID Number:6182
Date Submitted:8/27/2020
Date Closed:(open)
Date Printed:8/27/2020 11:22:48 AM
Submitter Information:Joe-William Driver
1901 Avenue Q
Huntsville, Texas 77340
Phone: 9403999368
Email:
JW.DRIVER@YAHOO.COM
Priority:Normal
Assigned To:Poe, Brenda
Date/Person Comments
8/27/2020 10:36:56 AM
(anonymous)
Your Request ID Number is 6182.
Select Board(s) and/or Commission(s)
If selected by the Huntsville City Council, on which board/commissions would
you be willing to serve? Board of Adjustments & Appeals,Parks & Recreation
Advisory Board
Your Information
Name Joe-William Driver
Street Number and Name 1901 Avenue Q
Address Line 2
City Huntsville
State Texas
Zip Code 77340
Phone Number 9403999368
Email Address JW.DRIVER@YAHOO.COM
Preferred Contact Method email
Employment and Residency Background Information
Employer Scotty';s House
Occupation Social Worker
How long have you been a resident of Huntsville? 4yrs
Are you a qualified voter of the City of Huntsville? Yes
Additional Background Information
Please upload a brief resume, including education, past employment, and any
special background or qualifications you have for serving on this
board/commission. Resume 2019.pdf
Please state why you wish to serve the City of Huntsville as a member of a
board, commission or committee. I am interested in serving on the board as I want
to be an involved citizen of Huntsville. I was blessed with the opportunity to attend
Sam Houston during my undergraduate life and saw everything that Huntsville has
to offer. I have since moved back with my family and would enjoy being able to be
help my city grow.
Do you currently serve on a City of Huntsville board, commission or
committee? No
If yes, which board(s), commission(s) or committee(s)?
How long? (Include approximate start and end dates)
Do you have any relatives who work for the City of Huntsville? No
If so, who?
Do you receive any direct compensation or gain from the City of Huntsville?
No
If so, what type?
This application will remain active for ninety (90) days, unless you are
appointed to a board or commission. You must reapply if you would like to be
reappointed at the end of a term or to be considered for another board or
commission.
Request Type:Volunteer for a Board or
Commission
Request Location:
Request ID Number:5587
Date Submitted:10/7/2019
Date Closed:(open)
Date Printed:10/8/2019 8:37:51 AM
Submitter Information:Nathan Winkelmann
1330 Ave Q
Huntsville, TX 77340
Phone: 9362916600
Email:
Whatupthirst@hotmail.com
Priority:Normal
Assigned To:Poe, Brenda
Date/Person Comments
10/7/2019 10:59:35 AM
(anonymous)
Your Request ID Number is 5587.
Select Board(s) and/or Commission(s)
If selected by the Huntsville City Council, on which board/commissions would
you be willing to serve? Board of Adjustments & Appeals,Hotel Occupancy Tax
Board,Parks & Recreation Advisory Board,Planning Commission,Tax Increment
Reinvestment Zone #1 Board of Directors,Zoning Board of Adjustments
Your Information
Name Nathan Winkelmann
Street Number and Name 1330 Ave Q
Address Line 2
City Huntsville
State TX
Zip Code 77340
Phone Number 9362916600
Email Address Whatupthirst@hotmail.com
Preferred Contact Method email
Employment and Residency Background Information
Employer Self
Occupation Insurance Sales
How long have you been a resident of Huntsville? 37 Years
Are you a qualified voter of the City of Huntsville? Yes
Additional Background Information
Please upload a brief resume, including education, past employment, and any
special background or qualifications you have for serving on this
board/commission. Nate Resume 2019 City Council.pdf
Please state why you wish to serve the City of Huntsville as a member of a
board, commission or committee. I think it is very important for the City Council
and the City of Huntsville to have citizens serve on advisory boards and
commissions, I think I could provide important input into all areas of the City';s
work.
Do you currently serve on a City of Huntsville board, commission or
committee? No
If yes, which board(s), commission(s) or committee(s)? n/a
How long? (Include approximate start and end dates) n/a
Do you have any relatives who work for the City of Huntsville? No
If so, who? n/a
Do you receive any direct compensation or gain from the City of Huntsville?
No
If so, what type? n/a
This application will remain active for ninety (90) days, unless you are
appointed to a board or commission. You must reapply if you would like to be
reappointed at the end of a term or to be considered for another board or
commission.