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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 an electronic 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 645.117(d)(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 allowable 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 645.117(d)(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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      • Bid documents may have redacted information if there is proprietary information.
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      • The existing continuing contract will be made available to the State for review at a location mutually acceptable to the Owner and the State.
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  • Field changes affecting the cost of the adjustment should be shown.
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    • The ROW Program Office 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 Agreements.
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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 or state Iron and Steel Preference Provisions noted in the cost estimate with reimbursement requests prior to final payment.

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

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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, attach the appropriate and executed ROW-U-JUA Utility Joint Use Agreement. This should accompany the billing submission, if not previously submitted. “As-built” plans must be submitted as addendum to the Utility Joint Use Agreement, and/or the Standard Utility Agreement.
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  • The ROW Division will retain the Joint Use Agreement.
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  • If applicable, an original, recorded quitclaim from the utility must be submitted before the final billing or with the reimbursement package containing costs for reimbursement of replacement easement. Form ROW-U-BillChkDist Utility Payment/Billing Checklist for District must be sent with the final billing submission.
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