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Section 3: Final Billings

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For State and LPA

The final billing must follow closely the order of items in the estimate portion of the agreement. Show the following totals in a manner that permits comparison with the approved estimate:

After completion of the adjustment, the utility must submit one original and one copy of the final billing for all costs associated with the reimbursement request. Upon receipt of this final billing, check to ensure that all items are eligible for TxDOT cost participation.

The utility will be initially reimbursed 90% of the actual costs as billed before audit of their records and accounts. Total reimbursement will depend on a final audit.

The District and ROW Division will conform to the “Prompt Payment” process.

Final billings should include an invoice reflecting the total cost of the utility adjustment, supporting documentation for entire adjustment, and a thoroughly detailed breakdown of all costs. Supporting documentation includes, but is not limited to: time sheets, invoices, equipment usage reports, bid tabulations and payroll documentation. TxDOT must be furnished with sufficient information to ensure that payment will be eligible for Federal and/or TxDOT participation. The final billing should show details such as:

Overhead and payroll additive items should be shown individually with an explanation or breakdown of each.

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  • 23 CFR 645.117d(1) states, “Overhead and indirect construction costs not charged directly to work order or construction accounts may be allocated to the relocation, provided the allocation is made on an equitable basis. All costs included in the allocation shall be eligible for Federal reimbursement, reasonable (and) actually incurred by the utility." Costs not eligible for Federal reimbursement are discussed in 23 CFR 645.117d(2).
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  • Applicable percentages of overhead costs should be indicated, when used, so computed amounts may be verified.
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  • Items of cost incurred on a contract basis should be designated as such on final billings.
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    • Information should be furnished to allow a correlation of the bid items to the approved plan, and an estimate for determination of extent and eligibility of the contract work performed.
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    • A copy of the low bid award, or the rate schedule applicable in a continuing use contract, should be submitted by or at the time of final billing.
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  • Field changes affecting the cost of the adjustment should be shown.
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    • The ROW Division should be furnished two copies of the “as-built” plans, where significant deviations occur from approved plans in the agreement assembly.
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    • A copy of the “as‑built” plans should be attached to each of the Utility Joint Use Acknowledgements.
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  • Whenever the billing indicates a substantial change in work from that which was previously approved, an explanation should be made.
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  • Utilities shall provide all documentation requirements for Buy America noted in the cost estimate with reimbursement requests prior to final payment.

After reviewing the utility’s final billing, submit one signed original and one copy of the billing assembly to the ROW Division, along with a letter giving explanations of changes from the original approved agreement. The District’s letter should also contain a comment on salvage inspection and recommend payment of the billing.

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  • One signed original and one copy of Form ROW-A-15 should accompany the submission, and be for 90% of the final cost. The ROW Division, Utility Portfolio Section, will perform an audit.
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  • The District’s Utility Liaison or Utility Inspector should have inspected the salvage, and a statement about this should be included in the District’s letter or memorandum to the ROW Division.
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  • If applicable, two signed originals and two copies of the appropriate and executed Utility Joint Use Agreement, Form ROW-U-JUAA, should accompany the billing submission, if not previously submitted. “As-built” plans must be submitted as addendum to the Utility Joint Use Acknowledgement, and/or the Standard Utility Agreement.
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  • ROW Division will keep one copy of the Utility Joint Use Acknowledgement and return remaining copies to the District for further handling.
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  • If applicable, an original, recorded quitclaim from the utility must be submitted before or with the final billing assembly.
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  • Form ROW-U-BillChkDist, Utility Payment/Billing Checklist for District must be sent with the final billing submission.
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For LPA

One original and three copies of the submission requesting TxDOT reimbursement to the LPA for replacement right of way must be prepared and submitted to the ROW Division. A Form ROW-U-45, Tabulation of Utility Adjustments, should support each Form ROW-A-15. Form ROW-U-27B, Support for Certificate of Partial Payment for Utility Adjustment must also be submitted if partial payment was made.

Upon completion of the utility adjustment, the utility owner will submit a final billing of actual cost to the LPA. Final billings should reflect determination of eligibility of each item of cost for TxDOT reimbursement.

Final billings should include supporting documentation and a thoroughly detailed breakdown of costs. Supporting documentation includes time sheets, invoices, equipment usage reports, bid tabulations, and payroll documentation. TxDOT must be furnished with sufficient information to ensure that payment will be eligible for Federal and/or TxDOT participation.

In addition to requirements for final billing details stated in the subsection on For State and LPA above, the final billing should also show applicable percentages, when used, so computed amounts may be verified.

The LPA should take immediate steps to secure quitclaims to any abandoned utility property interests and should submit the recorded original along with the final billing.

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  • TxDOT reimbursement is contingent upon receipt of the required instruments.
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  • TxDOT’s requirements relative to the acquisition of utility property interests are described in Chapter 11, Section 4.

The cost records and accounts of the utility are subject to audit for three years from the date final payment was received.

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