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6590-032 - Amendment 3 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 6590-032 Cori Power Not Applicable PSA Bonnie Brae Ph 6 Design Amendment #3 DECEMBER 12, 2023 N/A 23-2405 6590-032 PSA – Amendment #3 Page 1 of 2 THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RPS INFRASTRUCTURE, INC. FILE 6590-032 THE STATE OF TEXAS § COUNTY OF DENTON § THIS THIRD AMENDMENT TO CONTRACT 6590-032 (“Amendment”) by and between the City of Denton, Texas (“City”) and RPS Infrastructure, Inc. (“Consultant”); to that certain contract executed on September 18, 2018, in the original not-to-exceed amount of $2,031,479.50 (the “Original Agreement”); amended on March 26, 2019, in the additional amount of $397,760 aggregating a not-to-exceed amount of $2,429,239.50 (the “First Amendment”); amended on October 13, 2020, in the additional amount of $340,609 aggregating a not-to-exceed amount of $2,769,848.50 (the “Second Amendment”) (collectively, the Original Agreement, the First Amendment, and the Second Amendment are the “Agreement”) for services related to professional engineering services for the preparation of construction plans and construction phase services associated with Bonnie Brae Phase 6 Reconstruction from US 380 to Loop 288 in Denton County; WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount of $368,038.20 with this Amendment for an aggregate not-to-exceed of $3,137,886.70. FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The additional services described in Exhibit “A” of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Bonnie Brae Phase 6 Reconstruction from US 380 to Loop 288 in Denton County, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the Owner agrees to pay, based on the cost estimate detail attached as Exhibit “A” to this Amendment, a total fee, including reimbursement for non-labor expenses an amount not to exceed $368,038.20. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 6590-032 PSA – Amendment #3 Page 2 of 2 2. This Amendment modifies the Agreement amount to provide an additional $368,038.20 for the additional services with a revised aggregate not to exceed total of $3,137,886.70. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date _________________________. “CONSULTANT” RPS INFRASTRUCTURE, INC. By: _________________________________ AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: _____________________________ “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _______________________________ SARA HENSLEY, CITY MANAGER ATTEST: JESUS SALAZAR, CITY SECRETARY By: ________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Executive Director Director of Capital Projects Trevor Crain, PMP Capital Projects 12/12/2023 5810 Tennyson Parkway, Suite 280, Plano, Texas 75024 T 972 202 4242 D 972 202 4248 W rpsgroup.com November 2, 2023 Mr. Jesus Perez Project Manager – Capital Projects 401 N. Elm Street Denton, Texas 76201 Re: Bonnie Brae Street Phase 6 Reconstruction – Amendment 3 Dear Mr. Perez, Thank you for the opportunity to submit RPS Infrastructure’s proposal for Amendment 3 to contract 6590- 032: professional engineering services for the proposed Bonnie Brae Phase 6 project in Denton County. The proposal includes a scope of work and detailed estimate including labor and direct expenses. The fee estimate is based on the following information: Project Understanding The project is generally described as professional engineering services during the bidding and construction of Bonnie Brae Street between US 380 (University Drive) and US 77 (Elm Street). The scope also includes ROW / Easement Exhibits, Utilities Coordination, and ROW Acquisition Support during the Bid and Construction Phases. The project will be based on standard industry practice following procedures in accordance with City of Denton Transportation Criteria Manual, City of Denton Drainage Criteria Manual, TxDOT Roadway Design Manual, TxDOT Hydraulic Design Manual, Texas Manual on Uniform Traffic Control Devices, and Federal, State, and Local laws that apply. Project Team  Senior Project Manager – Kevin Howlett, P.E.  QA / QC Manager – Lynn Pipkin, P.E.  Senior Project Engineer – Ronald Thomas, P.E.  Project Engineer – Berenice Salaices, P.E.  Construction Inspector – Conrad Gonzales, E.I.T.  Design Engineer – Nicole Roeglin, E.I.T.  Utility Coordinator – Cole Preston, P.E.  ROW Support – Joseph Khammash Scope of Services A complete scope of services is included as Attachment A. The services provided by the Engineer are divided into the following Tasks: Base Services: Task 13 – ROW Acquisition Exhibits Task 14 – Utilities Coordination Task 18 – ROW Acquisition Support Task 19 – Bid Phase Services Exhibit A DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Task 20 - Construction Phase Services Basis of Estimate The fee estimate for this proposal is based on the base services identified above. Modifications to the base services after confirmation will be deemed additional services and will require subsequent authorization from the City of Denton. Additional services and will be performed on an hourly fee basis in accordance with the rates shown in the Work Breakdown Structure (Attachment C). Total fees for the project are based on the schedule provided. Exclusions This scope of services does not include the following:  Design services beyond those specifically stated in this scope.  Direct expenses associated with additional services, if required.  Additional services not provided herein.  Exclusions listed in the Scope of Services (Attachment A). These services, if required, and upon agreement from the City of Denton, will be performed as an additional service. Project Schedule A Project Schedule has been provided in Attachment B. Summary of Cost The summary of cost for each base service is shown in the table below. The total for providing base services is $368,038.20. Base and Special Services: A detailed cost breakdown per base service is provided in the Work Breakdown Structure (Attachment C). Task Method of Compensation Amount Task 13 – ROW Acquisition Support - GAI Hourly / Unit Cost $28,750.00 Task 14 – Utilities Coordination - KCI Hourly / Unit Cost $64,662.20 Task 18 – ROW Acquisition Support - HDR Hourly / Unit Cost $50,600.00 Task 19 – Bid Phase Services - RPS Hourly $26,540.00 Task 20 – Construction Phase Services - RPS Hourly $180,170.00 Direct Expenses Cost $17,316.00 Services Total $368,038.20 DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 The hourly rates for labor classifications used to perform engineering services on a time and material basis as well as any additional services are shown in Attachment C. Except as noted on the attached, all invoices will be prepared monthly and are due and payable within 30 days of receipt. Once the final deliverables are submitted for final review, the project will be considered complete and invoiced accordingly. In closing, we appreciate the opportunity to provide this proposal. Please feel free to call our Project Manager, Kevin Howlett, P.E., at 972-202-4248 if you have any questions. Sincerely, Brent Christian, P.E. Executive Director, Infrastructure DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Page 1 of 6 ATTACHMENT “A” Amendment 3 Scope of Services for Bonnie Brae Phase 6 reconstruction bid and construction phase services. The scope set forth defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, “ENGINEER” is expanded to include sub-consultants, including surveyor, employed or contracted by the ENGINEER. GENERAL OVERVIEW RPS Infrastructure, Inc., (ENGINEER) has been contracted by the City of Denton (CITY) to provide the bid phase and construction phase services for Bonnie Brae Phase 6. This scope includes additional ROW exhibits, Utility Coordination, and ROW acquisition support. For this amendment, the ENGINEER shall provide bid phase services and construction phase services for Bonnie Brae Phase 6 reconstruction from US 380 to US 77. WORK TO BE PERFORMED Task 13. ROW Acquisition Exhibits Task 14. Utilities Coordination Task 18. ROW Acquisition Support Task 19. Bid Phase Services Task 20. Construction Phase Services DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Page 2 of 6 TASK 13. ROW Acquisition Exhibits. ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY’s Project Manager  Prepare a metes and bounds description of the proposed ROW take. A “drawing” exhibit with the focus being on the proposed ROW take will accompany the metes and bounds descriptions. The metes and bounds descriptions along with the drawing exhibits will be signed and sealed. No platting or re-platting is scoped for any properties for ROW takes. TASK 14. Utilities Coordination. See attached proposal from KCI TASK 18. ROW Acquisition Support.  ENGINEER shall provide engineering professional services as described below: As a sub consultant:  HDR will coordinate with City Real Estate Staff to determine each condemnation case’s ability to be closed and resume sending monthly reports to all City and TxDOT staff regarding the status of each open condemnation case.  When a condemnation case closes, HDR will follow up with the City’s real estate department to request copies of final judgements and coordinate with the title company to issue the title insurance policies to the city for each parcel.  Upon the issuance of a title policy, HDR will gather all relevant documentation required by TxDOT and fill out the LPA Tabulation of costs sheet for each parcel eligible for reimbursement under the AFA.  HDR will complete a QC check of the Tabulation form and provide to City for review and execution.  HDR will enter all relevant information into the TxDOTConnect System and forward all reimbursement items to the TxDOT Dallas District.  HDR will generate and monitor each reimbursement payment in the TxDOTConnect System to ensure that the proper amount is reimbursed and processed in a timely manner to expedite funds back to the City.  HDR will provide links to City staff for file turnover for all relevant documentation associated with the real property purchase and the TxDOT reimbursement.  HDR will make its personnel available for any relocation appeals or city meetings to discuss any real property questions or discussions associated with the project. Any additional work for HDR authorized by the City outside of the original scope would be billed at the following rates, with an approved estimated hours for each defined role below: Role Proposed Hourly Rate Accountant $135.00 Project Principal $350.00 DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Page 3 of 6 Project Manager $250.00 Real Estate Agent $200.00 TASK 19. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows.  The ENGINEER will assemble the bid Package in accordance with CITY requirements.  The ENGINEER will provide technical assistance with questions from contractors and plan revisions as needed. Addenda shall be prepared and issued for the contract documents if necessary.  Attend one pre-bid conference in support of the CITY.  The ENGINEER will prepare a comparison of bid tabs submitted by contractors (up to 6 bids)  ENGINEER will check contractor references and prepare letter of recommendation of award. ASSUMPTIONS  The project will be bid only once and awarded to one contractor.  Cost for publications and Notice To Bidders shall be paid for by the CITY. DELIVERABLES A. Plan Revisions (if required) B. Letter of Recommendation TASK 20. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 20.1 Construction Support shall include:  The ENGINEER shall register the project with Texas Department of Licensing and Regulation (TDLR). The ENGINEER shall provide a 3rd party review of the Plans and inspection of constructed facilities from a Registered Accessibility Specialist for all the pedestrian elements and their compliance with 2012 Texas Accessibility Standards (TAS).  The ENGINEER shall make revisions to final plans to address TDLR review comments.  The ENGINEER shall attend the preconstruction conference in support of the CITY.  The ENGINEER shall provide a Roadway Construction Inspector on an as-needed basis as determined by the CITY. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Page 4 of 6  The ENGINEER shall visit the project site twice (2) per month as construction proceeds to observe and report on progress. ENGINEER shall create meeting agenda and record meeting minutes for each meeting.  The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals.  As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents(RFI’s), review change orders, and make recommendations as to the acceptability of the work.  The ENGINEER shall make investigations into contractor requests for deviation from plans or specifications as approved by CITY.  The ENGINEER shall provide a 3rd party inspection of all the pedestrian facilities constructed on the project by a Registered Accessibility Specialist.  The ENGINEER shall attend the “Final” project walk through and assist with preparation of final punch list.  The ENGINEER shall assist the City in Meeting with Affected Property Owners during construction on an as-needed basis. 20.2 Record Drawings The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed per the redline markups from the contractor and the inspector. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. This work does not include modifications made to traffic control during construction. ASSUMPTIONS  2 site visits by ENGINEER per month are assumed. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Page 5 of 6  Construction schedule is assumed at 18 months.  10 submittal reviews by ENGINEER are assumed.  10 RFI Reviews by ENGINEER are assumed.  5 Change Order Reviews by ENGINEER are assumed.  Assume 10 meetings with Affected Property Owners.  Record Drawings do not include changes to traffic control sheets. DELIVERABLES A. Response to Contractor’s Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawing DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Page 6 of 6 EXCLUSIONS: ADDITIONAL SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY’s written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following:  Any noise / sound wall design.  Direct expenses associated with any additional services provided.  Stormwater Pollution Prevention Plan (SWPPP) permitting  Preparation of Environmental Information Document or an Environmental Impact Statement.  Presence/absence surveys for federally listed threatened/endangered species.  Preparation of a mitigation plan to compensate for impacts to waters of the U.S.  Phase I or Phase II Environmental Site Assessment.  Any Asbestos investigations / mitigations, lead level in paint investigations / mitigations, or other hazardous material investigations or mitigations.  The preparation of a Section 4(f) Evaluation (required for taking parkland, recreation land, historic sites), Biological Assessment/Biological Evaluation (associated with endangered species/habitat impacts), Section 7 Consultation with the U.S. Fish and Wildlife Service, U.S. Coast Guard Section 9 permit, any USACE Section 10 or Section 404 permit.  Performing analysis or investigations proposed by contractor to correct defective construction work.  Construction Staking, Materials Testing, or a full time Roadway Construction Inspector.  Tree survey and/or mitigation plan to comply with the City of Denton Tree Protection Ordinance.  Design, contract modifications, analysis that is required to comply with local, State, or Federal guidelines that become effective after the date of this agreement.  Services required to resolve bid protests or re-bid the project for any reason unless protest or re-bid is caused by actions or negligence of the engineering professional.  Providing services or modifications to contract documents made necessary due to site conditions being different then what they are at time of this agreement.  Providing services beyond an 30 month construction time. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 1 October 26, 2023 RPS Group 5180 Tennyson Parkway STE 280 Plano, TX 75024 Client's Authorized Representative(s): Kevin Howlett, PE, Senior Project Manager Subject: Bonnie Brae Phase 6 Supplemental QLA and UC Services KCI Project Number: 802… KCI Technologies, Inc. (KCI) is pleased to submit this professional services agreement (the "Proposal") to RPS Group ("Client") for the work (the "Work") described in detail in the Scope of Services section of this Proposal. The Work will be performed for the following: Location: Bonnie Brae St from US380 to US77 in Denton, TX PROJECT DESCRIPTION Client is Requesting Scope and Fee for SUE (Sub-Surface Utility Engineering services) and UC (Utility Coordination Services), for a proposed roadway improvements along Bonnie Brae St from US380 to US77 in Denton, TX. KCI is providing this proposed scope of work to obtain the desired quality levels, upgrade the existing utility mapping information and perform utility coordination services. SCOPE OF SERVICES This Proposal is limited exclusively to the Work as described in this Scope of Services section and anything not expressly described shall be considered expressly excluded from the Work. KCI proposes to perform the Work in accordance with ASCE Standards 38-22 Quality Level (QL) Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data, which is described as follows: QL-A - Utility Locating (Test Holes) – KCI will utilize its in-house crews and equipment to perform 8 Test Holes on existing utilities, exact Test Hole locations will be provided by the Client. Test Holes will be performed using vacuum excavation equipment and will determine the depth of the utilities from existing grade and their estimated size and material type. Excavation will include the removal of existing pavement, base paving and soil extraction, backfill of excavated material with compaction and paving repair with High Performance Permanent Pavement Repair QPR. KCI will not “hot patch” the holes. If the property owner/Jurisdiction requires hot patch, this will need to be added as EWO. While ground water, large rock and other irregularities inhibit this process, KCI will make every effort with our standard equipment to gain a visual confirmation of the existing utility to document its horizontal and vertical position. A survey marker will be installed directly over each Test Hole with a minimum of three swing ties to existing features. A Test Hole sketch will be prepared summarizing the above information. Upon completion of the Test Hole process, a KCI Survey Crew will survey the Test Hole locations. It is assumed that all applicable permits, if required, will be obtained by client. Complex Traffic Control (lane closures) is not included as a part of this submission. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 2 QL-B – Mapping of Toneable Utilities– KCI will use Geophysical Electromagnetic equipment to interpret the presence of the existing metallic subsurface utilities within the proposed project area. • First: When an access point is available Direct Connection method will be applied to mark utilities crossing through the Project Areas. • Second: When no access point is present or are not close to the Project Area, Induction methods will be applied. Placing an EM transmitter box over the desired utility. These signals will be interpreted to mark the approximate horizontal location of the existing utility. • Third: By placing an EM transmitter box on the ground in a 50’ grid pattern around the Boring Locations in an attempt to broadcast signals to conductive utilities within the pattern will be performed. These signals will be interpreted to mark the approximate horizontal location of the existing metallic toneable utility. The ground surface will be marked with the approximate horizontal location of the existing utilities in accordance with APWA/ULCC Uniform Marking Standards. KCI will attempt to designate any sanitary sewer, or non-metallic utility lines not having tracer wire placed with them by utilizing a toneable rodder as part of the designation effort. KCI will attempt to verify storm, showing general directions at their surface or employ the use of a rodder as necessary. Utility Coordination with EagleRidge Energy - Provide utility accommodation coordination including utility coordination meetings with EagleRidge Energy (ERE), communication and coordination with ERE, and preparation of utility agreement assemblies including, but not limited to utility agreements, joint use agreements, notice of proposed installation, and advanced funding agreements for ERE. The UC shall: • Perform utility coordination and liaison activities with involved utility owners, consultants, and City of Denton to achieve timely project notifications, formal coordination meetings, conflict analysis and resolution. • Act as the "Responsible Party" as indicated in Chapter 2 Utility Cooperative Management Process and Sub-process of TXDOT's ROW Utility Manual. • Coordinate all activities with City of Denton, or the designee, to facilitate the orderly progress and timely completion of City of Denton's design phase. • Coordinate a work plan to include, but not be limited to a list of the proposed meetings, coordination activities, and related tasks to be performed, a schedule and an estimate for completion of the related tasks. The work plan shall meet the requirements of the project and shall be submitted to City of Denton for approval, prior to commencing work. • Prepare and present, in collaboration with City of Denton staff, instruction and orientation sessions, as required by City of Denton. The instruction shall facilitate the preparation of work DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 3 orders, invoices, and other related documentation. • Attend an initial project meeting and an on-site inspection, when requested by City of Denton, to ensure familiarity with existing conditions, project requirements and prepare and submit a written report of the meeting to City of Denton. • Coordinate all activities with City of Denton and consultants, other vendors or representatives, as authorized by City of Denton. • Provide City of Denton copies of diaries, correspondence and other documentation of work related communications between the UC, utility owners and other outside entities, when requested by City of Denton. • Implement a schedule of periodic meetings with each utility owner's representatives for coordination purposes. Meetings shall commence as early as possible in the design process and shall continue until completion of the project. Notify City of Denton a minimum of two business days in advance of each meeting to allow City of Denton the opportunity to participate in the meeting. Provide meeting minutes of all meetings with utility owners' representatives to City of Denton within seven business days after completion of each meeting. Meetings shall be held as frequently as required to manage the matters under discussion with each utility owner. • As required, coordinate with local utilities committees (if applicable) to present a footprint of City of Denton's projects with represented utility owners. • Coordinate with any other utility committees, which may include county, city or other officials, if needed. • Provide City of Denton and all affected utility owners a Utility Contact List for each project with all information, to include, but may not be limited to owner's name, contact person, telephone numbers, emergency contact number, e-mail addresses, and all pertinent information concerning the respective affected utility facilities, including but not limited to; size, number of poles, material, and other information which readily identifies the utilities owners' facilities. • Advise utility owners of the general characteristics of the project and provide an illustration of the project footprint for mark-up of the utility facility locations that occupy the project area. • Coordinate which utilities conflict with highway construction in accordance with Texas Administrative Code, Title 43, Part 1, Chapter 21, Subchapter C and UAR and make the utility owner aware of the conflict by written notice. The notice shall include, but not be limited to sufficient plans and specifications to enable the utility to reasonably determine the future location, including depth of cover and required clearances, and survey datum. • Assist the utility owners in the preparation of required agreements associated with the funding of adjustments and the occupation of City/State right of way. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 4 • Assist the utility companies in the preparation of utility agreement assembly packages. All documents shall be complete and acceptable for execution by City of Denton. NOTE: Engineering of relocation plans relative to a particular utility agreement is not required for this solicitation. • Determine whether or not a compensable interest exists and the utility owner's degree of eligibility. • Assist the utility owner with adjustment plans and a cost estimate for these adjustments. Plans shall include the design, proposed location vertical elevations, and horizontal alignments of the utility facility based on City of Denton's survey data, the relationship to existing highway facilities and the right of way line, location of existing utility facilities that may be affected by the proposed utility facility, and as directed in the UAR and TXDOT's ROW Utility Manual NOTE: Engineering of relocation plans relative to a particular utility agreement is not required for this solicitation • Review the relocation plans to ensure compliance with UAR and to ensure that the proposal does not conflict with highway construction. • Submit all non-reimbursable utility adjustments through the City of Denton • Assist the utility owner with the submission of the permit request. • Notify City of Denton's PM, for approval, upon determination that the utility needs to be adjusted as part of the highway contract. • Submit two originals, two copies, and an electronic PDF file of the Utility Agreement Assembly Package. Each original, copy, or PDF file shall include the checklist agreement, all attachments, and supporting documentation for submission to City of Denton with a transmittal letter recommending approval. • NOTE: The utility should be reimbursed eligible costs incurred within the easement limits for replacement in kind. • Be solely responsible for determining which utilities shall be installed by "Permit', or by "Agreement'. • Assist in the preparation, compilation, gathering, and collection of all required and supporting documents to be included with the utility agreements. • Have the UC maintain a complete set of records for all Utility Adjustment Costs, for each utility until all final payments to the utility owners have been completed. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 5 Deliverables 1) SUE QL-A Test Hole Data Sheets in PDF format 2) DGN and CSV file of surveyed Test Hole locations 3) Monthly Progress Reports 4) Utility Adjustment Status Reports 5) Updated Utility Conflict Matrix SPECIAL PROVISIONS 1) KCI will not be responsible for damage to utilities caused by others. 2) Complex traffic control not included in this scope of services. SERVICES TO BE PROVIDED BY THE CLIENT • All permitting as required. FEES AND PAYMENTS The Schedule of fees for work defined in the scope of services is attached as exhibit A. Actual cost of test holes will be billed by the incremental depth noted in Exhibit A. For example, if all holes are 0’ to 5’ from ground surface to top of utility, the applicable rate will be billed. DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 6 EXHIBIT A Bonnie Brae Phae 6 UC & QLA SUE Supplemental Budget Request Bonnie Brae St From US380 to US77 Denton, TX QL A SUE & Utility Coordination Specified Rate Cost TASK DESCRIPTION Admin Clerical Project Manager Senior Engineer Project Engineer EIT Senior Cad Operator SUE Field Manager Surveyor - Task Leader (RPLS) Totals Rates $70.58 $254.08 $228.67 $169.38 $107.28 $107.28 $127.05 $179.26 Project Management and Administration, Invoicing 12 24 4 40.00 Monthly Progress Reports 12 4 4 20.00 Status Meetings with City of Denton PM 2 4 6 12.00 Review and Updates Project Schedule 2 4 6 12.00 Prepare and Document Correspondence & Phone calls 4 16 20.00 Meetings with Utility Owners 4 16 20.00 Utility Conflict Matrix Updates 2 4 16 22.00 Utility Conflict Analysis, Coordination and Resolution 2 8 16 26.00 Preparing Utility Agreements 2 8 32 42.00 CADD project setup 8 8 16 32.00 QC of Plans 4 4 8 8 10 4 38.00 Total Hours 24 28 14 60 120 24 10 4 284.00 Percent By Hours 8.45% 9.86% 4.93% 21.13% 42.25% 8.45% 3.52% 1.41% 100.00% Subtotal - Specified Rate $1,693.92 $7,114.24 $3,201.38 $10,162.80 $12,873.60 $2,574.72 $1,270.45 $717.04 $39,608.15 DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 7 Unit Cost COST / UNIT KCI QUANTITY UNIT Amount SUE Mobilization/Demobilization $500.00 1.00 EACH $500.00 SUE (Quality Level A) 0 feet to 5 feet $1,250.00 3 Each $3,750.00 SUE (Quality Level A) >5 feet to 8 feet $1,600.00 3 $4,800.00 SUE (Quality Level A) >8 feet to 13 feet $1,950.00 1 Each $1,950.00 SUE (Quality Level A) >13 feet to 20 feet $2,300.00 1 $2,300.00 SUE (Quality Level A) >13 feet to 20 feet (Excavation & Engineering) $2,170.00 0 Each $0.00 Two (2) Designating Person with equipment $187.50 8 Hour $1,500.00 Coring and repairing the pavement includes labor equipment and materials $250.00 2 Each $500.00 2 - Person Survey Crew $165.00 8 Hour $1,320.00 Subtotal - Unit Cost $16,620.00 DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 8 Direct Expenses Cost COST / UNIT KCI QUANTITY UNIT Amount Mileage $0.65 148 Mile $ 96.20 USB Flashdrive (up to 32gb) $10.00 10 Each $ 100.00 Photocopies B/W (11" X 17") $0.25 50 Each $ 12.50 Photocopies B/W (8 1/2" X 11") $0.15 100 Each $ 15.00 Photocopies Color (11" X 17") $1.25 50 Each $ 62.50 Photocopies Color (8 1/2" X 11") $1.00 100 Each $ 100.00 Fields Supplies $35.00 2 Day $ 70.00 Soil Disposal Fee $250.00 1 Each $ 250.00 Traffic Control Services $2,500.00 1 Day $ 2,500.00 Backfill (off-site purchase) $200.00 2 CY $ 400.00 Subtotal - Direct Expenses Cost $ 3,606.20 TOTAL $ 59,834.35 DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Professional Services Agreement October 26, 2023 Page 9 GENERAL PROVISIONS The attached General Provisions are specifically made a part of this Proposal. If this Proposal is accepted by Client, then the General Provisions along with the Proposal shall constitute a complete and binding contract between KCI and Client (the "Agreement"). Any other understandings, agreements, promises, inducements or representations are hereby void. Any modifications to the terms and conditions of this Agreement must be made in writing and signed by both parties hereto in order to be valid. The person executing this Agreement on behalf of the Client does hereby warrant that he/she has full authority to do so. If this Proposal and the General Provisions attached hereto are satisfactory and acceptable, and fully set forth the terms of our understanding, please sign the Acceptance and return a copy to KCI's office. This Proposal and the General Provisions will then constitute our entire Agreement. KCI reserves the right to terminate this contract in the event the Client, in the sole judgment of KCI, fails to establish sufficient credit to warrant proceeding with the work. In such event, Client shall be obligated to pay for all services rendered to date of termination, including any direct expenses, and no work will proceed thereafter unless Client provides a retainer which KCI, in its sole discretion, shall determine to be satisfactory for the continuation of the work. KCI welcomes the opportunity to serve RPS Group and looks forward to working with RPS Group on this project. The Project Principal to be assigned to the Work is Kyle Jones, P.E., and his telephone number is 214-808-6114. Very truly yours, Kyle Jones, P.E. Senior Associate KCI Technologies DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 IDTask ModeTask Name Duration Start Finish Predecessors1Notice to Proceed1 dayTue 10/2/18Tue 10/2/182Conceptual Design320 daysWed 10/3/18Fri 1/3/2013Project Kick‐off Meeting1 dayWed 10/3/18Wed 10/3/1814Data Collection30 daysWed 10/3/18Tue 11/13/1815Topographic Survey50 daysWed 10/3/18Thu 12/13/1816Geotechnical Investigation and Report50 daysWed 1/2/19Thu 3/14/197ROW Survey50 daysWed 10/3/18Thu 12/13/1818Existing Utility Investigation / SUE50 daysWed 10/3/18Thu 12/13/1819Traffic Studies75 daysWed 10/3/18Thu 1/24/19110Conceptual Plans Development30 daysFri 12/14/18Thu 1/31/19511Establish Typical Section5 daysFri 12/14/18Thu 12/20/1812Alignment Alternatives25 daysFri 12/21/18Thu 1/31/191113Horizontal Alignment3 daysFri 12/14/18Tue 12/18/1814Vertical Alignment3 daysWed 12/19/18Fri 12/21/181315Intersection Geometry3 daysWed 12/19/18Fri 12/21/181316Driveway Design3 daysThu 12/27/18Mon 12/31/181417Retaining Wall Layouts3 daysThu 12/27/18Mon 12/31/181418Cross Sections28 daysFri 12/14/18Tue 1/29/1919Internal QA/QC4 daysFri 2/1/19Wed 2/6/191020Conceptual Plans Submittal1 dayTue 9/3/19Tue 9/3/1921City of Denton Review10 daysWed 9/4/19Tue 9/17/192022TxDOT Review10 daysThu 9/5/19Wed 9/18/1923Environmental Documentation60 daysThu 9/19/19Wed 12/11/192224Submit Environmental Documentation to TxDOT1 dayThu 12/12/19Thu 12/12/192325Conduct Public Meeting 11 dayThu 11/7/19Thu 11/7/1926Collect Public Comments10 daysFri 11/8/19Thu 11/21/192527Incorporate Public Comments15 daysFri 11/8/19Thu 11/28/192528City of Denton Review1 dayFri 11/29/19Fri 11/29/192729Hydrologic Modeling / FEMA Coordination90 daysMon 9/2/19Fri 1/3/2030Preliminary Design100 daysMon 12/2/19Fri 4/17/203160% Plans Development90 daysMon 12/2/19Fri 4/3/202532Demolition Plans5 daysMon 12/2/19Fri 12/6/192833Roadway Plan / Profiles20 daysMon 12/2/19Fri 12/27/192834Driveway Details20 daysMon 12/2/19Fri 12/27/192835Drainage Area Maps10 daysMon 12/2/19Fri 12/13/192836Hydrology Calculations5 daysMon 12/16/19Fri 12/20/193537Drainage Design ‐ Culverts20 daysMon 12/23/19Fri 1/17/203638Drainage Design ‐ Storm Drain30 daysMon 12/23/19Fri 1/31/203639Signal Design30 daysMon 12/2/19Fri 1/10/202840Illumination Design30 daysMon 12/2/19Fri 1/10/202841Water / Waste Water Design90 daysMon 12/2/19Fri 4/3/202842Internal QA / QC4 daysMon 2/3/20Thu 2/6/20384360% Plans Submittal1 dayFri 2/7/20Fri 2/7/204244City of Denton Review10 daysMon 2/10/20Fri 2/21/204345FEMA Submittal40 daysMon 2/24/20Fri 4/17/204446TxDOT Review of Environmental Documents20 daysFri 12/13/19Thu 1/9/202447Agency Review of Environmental Documentation40 daysFri 1/10/20Thu 3/5/204648Public Hearing (If Necessary)1 dayFri 5/1/20Fri 5/1/2047FS+40 days49Obtain Environmental Clearance20 daysMon 7/20/20Fri 8/14/204850Final Design171 daysMon 2/24/20Mon 10/19/2051Final Plans Development20 daysMon 2/24/20Fri 3/20/204352Traffic Control Plans20 daysMon 2/24/20Fri 3/20/204453Signing and Pavement Marking Plans20 daysMon 2/24/20Fri 3/20/204454Erosion Control Plans10 daysMon 2/24/20Fri 3/6/204455Final Cross Sections20 daysMon 2/24/20Fri 3/20/204456Retaining Wall Plans10 daysMon 2/24/20Fri 3/6/204457Internal QA/QC4 daysMon 3/23/20Thu 3/26/205158Final Plans Submittal1 dayMon 8/17/20Mon 8/17/2059City of Denton Review10 daysTue 8/18/20Mon 8/31/205860Conduct Public Meeting 21 dayTue 9/1/20Tue 9/1/205961Construction Documents Development30 daysWed 9/2/20Tue 10/13/205962Incorporate Public Comments10 daysWed 9/2/20Tue 9/15/206063Finalize All Plan Sheets15 daysWed 9/16/20Tue 10/6/206264Specification Book / Bid Documents15 daysWed 9/2/20Tue 9/22/206065Final Quantities and Estimates5 daysWed 10/7/20Tue 10/13/206366Internal QA / QC 3 daysWed 10/14/20Fri 10/16/2063,6567100% Construction Documents Submittal1 dayMon 10/19/20Mon 10/19/2066,65,64,6368Right Of Way Acquisition120 daysMon 7/18/22Fri 12/30/224969Utility Relocations60 daysMon 11/20/23Fri 2/9/246870Procurement30 daysMon 2/12/24Fri 3/22/246971Construction570 daysMon 3/25/24Fri 5/29/26708/1710/19Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2202120222023202420252026ATTACHMENT BCity of DentonBonnie Brae Street Reconstruction - Phase 6 Page 1DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 ATTACHMENT CCity of DentonBonnie Brae Street Reconstruction ‐ Phase 6WORK BREAKDOWN STRUCTUREAMENDMENT 3Sheet CountPrincipalsDepartment ManagerSenior Project ManagerProject ManagerSenior Project EngineerProject EngineerAssociate Engineer I/IIAssociate Engineer IIIGIS SpecialistCADD ManagerSenior DesignerDesignerSenior CADD TechnicianCADD TechnicianSenior Environmental PlannerEnvironmental PlannerClericalTotal Labor HoursTotal Labor Cost per Task$350.00 $325.00 $300.00 $250.00 $200.00 $150.00 $125.00 $140.00 $110.00 $170.00 $140.00 $125.00 $130.00 $115.00 $250.00 $150.00 $100.00TASKTask 19 ‐ Bid Phase ServicesAssemble Bid Package48816 36 $5,000.00Pre‐Bid Meeting44412 $2,300.00Bid Comparisons4812 $2,200.00Minor Plan Revisions483216 60 $8,240.00Contractor Questions881632 $5,600.00Letter of Recommendation484 16 $3,200.00Total 0 0 28 0 8 28 6800000016 0 020168$26,540.00Total Labor Cost$0.00 $0.00 $8,400.00 $0.00 $1,600.00 $4,200.00 $8,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,840.00 $0.00 $0.00 $2,000.00$26,540.00Task 20 ‐ Construction Phase ServicesPre‐construction Conference44412 $2,300.00Roadway Inspector (as needed basis)40 240280 $36,000.00Site Visits24 90 90204 $31,950.00Shop Drawing Review(10 submittals)24 2044 $9,700.00RFI Response(10 RFI's)24 8 40 80152 $24,800.00Investigations into contractor plan deviations 24 8 24 4096 $17,400.00Change Order Review(5 Change Orders)24 16 4080 $14,600.00Plan Revisions24 16 32 6024 156 $25,460.00Final Punch List88824 $4,600.00Record Drawings8164024 8 96 $13,360.00Total 0 0 164 0 32 270 62200000048 0 0 81144$180,170.00Total Labor Cost$0.00 $0.00 $49,200.00 $0.00 $6,400.00 $40,500.00 $77,750.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,520.00 $0.00 $0.00 $800.00$180,170.00LABOR TOTAL$206,710.00DIRECT EXPENSES$13,710.00TOTAL$220,420.00Task 13 ‐ ROW Acquisition Exhibits  ‐  Performed by Gorrondona & AssociatesField Survey and ROW/Easement exhibits$25,000.00Subtotal$25,000.00Total (Subtotal Plus 15%)$28,750.00Task 14 ‐ Utilities Coordination  ‐  Performed by KCI TechnologiesUtility Coordination$39,608.00Level A SUE$16,620.00Subtotal$56,228.00Total (Labor Subtotal Plus 15%)$64,662.20Task 18 ‐ ROW Acquisition Support  ‐  Performed by HDRReimbursement ‐ 11 Parcels$44,000.00Subtotal$44,000.00Total (Subtotal Plus 15%)$50,600.00LABOR TOTAL$144,012.20DIRECT EXPENSES$3,606.00TOTAL$147,618.20SPECIAL SERVICESSPECIAL SERVICESTOTAL FOR SPECIAL SERVICES $147,618.20TOTAL FOR ALL SERVICES ‐ AMENDMENT 2$368,038.20$220,420.00DESCRIPTION OF WORK TASKBASE SERVICESBASE DESIGN SERVICESTOTAL FOR BASE SERVICES Page 1DocuSign Envelope ID: 452959E9-11DC-4562-81A8-B0FE7A744721 Certificate Of Completion Envelope Id: 452959E911DC456281A8B0FE7A744721 Status: Completed Subject: Please DocuSign: City Council Contract 6590-032 Bonnie Brae Ph 6 Design Amendment #3 Source Envelope: Document Pages: 23 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 11/27/2023 12:34:12 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 11/27/2023 12:37:55 PM Viewed: 11/27/2023 12:38:07 PM Signed: 11/27/2023 12:38:16 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 11/27/2023 12:38:18 PM Viewed: 11/27/2023 1:40:10 PM Signed: 11/27/2023 1:42:14 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.24.80.197 Sent: 11/27/2023 1:42:16 PM Viewed: 11/27/2023 5:54:09 PM Signed: 11/27/2023 5:54:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brent Christian Brent.christian@tetratech.com Executive Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 209.215.195.213 Sent: 11/27/2023 5:54:32 PM Resent: 11/30/2023 11:16:38 AM Viewed: 11/30/2023 11:39:04 AM Signed: 11/30/2023 12:08:14 PM Electronic Record and Signature Disclosure: Accepted: 11/30/2023 11:39:04 AM ID: 2b9af8e1-6638-4489-bb69-b2cd00227fe9 Signer Events Signature Timestamp Trevor Crain, PMP Trevor.Crain@cityofdenton.com Director of Capital Projects City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 11/30/2023 12:08:16 PM Viewed: 11/30/2023 12:13:23 PM Signed: 11/30/2023 12:13:49 PM Electronic Record and Signature Disclosure: Accepted: 11/30/2023 12:13:23 PM ID: 67caf701-4519-4949-a717-eccb7876ed43 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 11/30/2023 12:13:52 PM Viewed: 12/13/2023 8:09:02 AM Signed: 12/13/2023 8:09:17 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 12/13/2023 8:09:20 AM Viewed: 12/13/2023 8:24:25 AM Signed: 12/13/2023 8:24:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 12/13/2023 8:24:31 AM Resent: 12/14/2023 9:22:06 AM Viewed: 12/15/2023 8:29:08 AM Signed: 12/15/2023 8:30:06 AM Electronic Record and Signature Disclosure: Accepted: 12/15/2023 8:29:08 AM ID: 365fa9db-a11a-4834-be0c-37bd6c50e817 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 11/27/2023 12:38:17 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 11/30/2023 12:13:51 PM Viewed: 12/1/2023 8:47:58 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/15/2023 8:30:09 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Perez Jesus.Perez@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/15/2023 8:30:10 AM Electronic Record and Signature Disclosure: Accepted: 9/14/2023 1:37:37 PM ID: ada6eb6d-9a6a-4074-92d3-5fd85195f04b Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/27/2023 12:37:55 PM Envelope Updated Security Checked 11/30/2023 11:16:37 AM Envelope Updated Security Checked 11/30/2023 11:16:37 AM Envelope Updated Security Checked 11/30/2023 11:16:37 AM Certified Delivered Security Checked 12/15/2023 8:29:08 AM Signing Complete Security Checked 12/15/2023 8:30:06 AM Completed Security Checked 12/15/2023 8:30:10 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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