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19-602AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND RPS INFRASTRUCTURE, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON SEPTEMBER 18, 2018, IN THE NOT -TO -EXCEED AMOUNT OF $2,031,479.50, SAID FIRST AMENDMENT TO PROVIDE ENGINEERING AND DESIGN SERVICES RELATING TO THE BONNIE BRAE PHASE 6 — UNIVERSITY (US 380) TO LOOP 288 STREET IMPROVEMENT PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-032 - PROVIDING FOR AN ADDITIONAL FIRST EXPENDITURE AMOUNT NOT -TO -EXCEED $397,760, FOR A TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $2,429,239.50). WHEREAS, on September 18, 2018, the City Council awarded a contract to RPS Infrastructure, Inc., in the amount of $2,031,479.50 for design services for the Bonnie Brae Phase 6 — University (US 380) to Loop 288 street improvement project for the City of Denton; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract agreement with respect to the term of the agreement and an increase in the payment amount; NOW, THEREFORE, • ! • ! ! ' !''l•10401 SECTION 1. The First Amendment, increasing the amount of the contract between the City and RPS Infrastructure, Inc., which is on file in the office of the Purchasing Agent, in the amount of Three Hundred Ninety Seven Thousand Seven Hundred Sixty and 0/100 ($397,760) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $2,429,239.50. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to iapp rovc. tliis ordinance was made by, � ..�a�.. �. � �° '_' � _ �and seconded by , �� �� _ the ordinance was passed and approved by the fbilowilig Aye Nay Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the ��6')I f ". day of a,.,.,., .��.... �..'..r �� 2019. .. �w 4 . . . . . ................. (11 I1 S-"°WATTS, AYE" R- ATTEST: , ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, ("I ATTORNEY DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F Docusign City Council Transmittal Coversheet RFQ 6590-032 File Name Bonnie Brae Phase 6 Purchasing Contact Lori Newell City Council Target Date March 26, 2019 Piggy Back Option No Contract Expiration N/A Ordinance 19-602 DS D DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F THE STATE OF TEXAS COUNTY OF DENTON FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RPS INFRASTRUCTURE, INC. NO. 6590-032 THIS FIRST AMENDMENT TO CONTRACT 6590-032 (this "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 "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, Consultant has substantially completed the work called for in the Agreement, and the City deems it necessary to further expand the services provided by Consultant to the City, and to provide an additional not -to -exceed amount $397,760 with this First Amendment for an aggregate not -to -exceed of $2,429,239.50. 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 First Amendment, which amends the following terms and conditions of the said Agreement, to wit: The additional services described in Exhibit "A" of this First Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Bonnie Brae Phase 6 Reconstruction, 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 First Amendment, a total fee, including reimbursement for non - labor expenses an amount not to exceed $397,760. 2. This Amendment modifies the Agreement amount to provide an additional $397,760 for the additional services with a revised aggregate not -to -exceed total of $2,429,239.50. 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, by and through their respective duly authorized representatives and officers on this date 3/26/2019 DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by; Todd Estes 6658E4FBFB78476... SIGNATURE PRINTED NAME City Engineer TITLE Capital Projects DEPARTMENT ATTEST: CITY SECRETARY DocuSigned by: Ep- Jz�-w BY ,s5cMG5E1Z5-4WA APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSigned by: Mw� �¢.tAWwnai By: 7F9G828BF0204E5... "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation DocuSigned by: By: I BAOD454.. TODD HILEMAN CITY MANAGER "CONSULTANT" RPS Infrastructure, Inc E DocuSigned by; rt,aV1n, President QG9S4EB7EA1F4E7... AUTHORIZED SIGNATURE, TITLE 2 1' DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31 F0DF5B-9A4C-42C5-9744-A28E67C638F Exhibit A r'EASY s r'�,,,"r L �. 5810 Tennyson Nrkway, Smite 280. Plano, z 972 202 4242 r, 972 202 4248 lot rDspr February 26, 2019 Mr. Lee Perry Project Manager — Capital 90 1 -A Texas Street Denton, Texas 76209 Re: Bonnie Brae Street P EME21M 75024 6 Reconstruction —Amendment I Thank you for the opportunity to, 5ubmit RPS Infrastructure's proposal for Amendment I to contract 6590- 032: Bonnie Brae Phase 6 project in Denton County, The proposal includes a scope of work and detailed estimate including labor and direct expenses. A schedule for the completion of the project is also provided. The fee estimate is based on the followinq information: Project Understanding The project is generally described S Right -of -Way Acquisition Support services associated with Bonnie Brae Street Phase 6 Reconstruction fro US 380 to north of Loop 288. The project will be based on Stan and industry practice following procedures in accordance with Federal, State, and local laws that applyI Project Team Project Manager — Kevin Howlett, QA1 QC —Phil Ullman, P.E. Project Sponsor— Brian Clark, P.E. ROW Acquisition Support— H,DR Scope of Services A complete scope of services is into the following Tasks: Base Services: Task 18 — ROW Acquisition Su Deliverables for each individual Basis of Estimate The estimate is based on the task deemed additional services and wi performed on an hourly fee basis i (Attachment C). Total fees for the P.E. as Attachment A. The services provided by the Engineer are divided are set forth within the Scope of Services (Attachment A). mentioned above. Modifications to the task after confirmation will be I require subsequent authorization from the City of Denton andl will be i accordance with the rates shown in the Work Breakdown Structure project are based on the schedule provided!. I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F IDocuSign Envelope ID: 31 FODF58-9A4C-42C5-97�-A28E67C638FE This scope of services does not jin�lude the following: • Direct expenses associ • Additional services not • Exclusions listed in the These services, if required, and service. Project Schedule A Project Baseline Schedule is in of signed authorization from the Summary of Cost The summary of cost for each Task 18 — ROW Acquisition A detailed cost breakdown per T The hourly rates for labor classifi, additional set -vices are shown in ) Except as noted on the attached, of receipt. Once the final delivers and invoiced accordingly. In closing, we appreciate the opp Kevin Howlett, P.E., at 972-202-A Sincerely, IN Brent Christian, P.E. Senior Vice President with additional set -vices provided. rided herein. we of Services (Attachment A). agreement from the City of Denton, will be performed as an additional d as Attachment B. RPS Infrastructure will commence work upon receipt of Denton (Notice to Proceed), is shown in the table below. The total for services is $397,760.00. Hourly U%U� is provided in the Work Breakdown Structure (Attachment C). used to perform services on a time and material basis as well as any ent C. invoices will be prepared monthly and are due and payable within 30 days s are submitted for final review, the project will be considered complete nity to provide this proposal. Please feel free to call our Project Manager, if you have any questions. I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31FODF5B-9A4C-42C5-97"8E67C638FI ATTACHMENT "A" Amendment 1 The scope set forth d as the work to be performed by the ENGINEER In completing the project. Both the CI and ENGINEER have attempted to clearly define the work to be performed and add the needs of the Project. Under this scope, "ENGINEER" Is expanded to Include b-consultants employed or contracted by the ENGINEER. GENERAL OVERVIEW RPS Infrastructure, In , (ENGINEER) has been contracted by the City of Denton (CITY) to support the City in RI of -way negotiations with property owners impacted by Bonnie Brae from US 380 to Loop 88 Is currently a 4 lane undivided roadway for most of the distance decreasing to a 2 Ian facility at the north end approaching US77. The purpose of this project is to construct facility to match the section parameters of Bonnie Brae Phase 4 and 5 to the south of S 380 and connect to the section of Bonnie Brae to the north of Loop 288 which is planned a future 6 lane divided thoroughfare. This facility will also account for the Increase in tral le expected when the planned high school is constructed along Bonnie Brae north of I Vindsor. The proposed Bonne Brae Street Phase 6 from US 380 to Loop 288 (PROJECT) Includes approximately 2 miles of 4 lane divided roadway with curb and gutter and a closed drainage system, signalized i ons, roadway illumination, culvert improvements, and utility modifications. As pa of this amendment, the ENGINEER will support the City with Appraisals, Negotiate s, and Eminent Domain procedures associated with the Right -of -Way acquisitions neoessa for the project. Task 18. ROW P"o,a94 WORK TO BE PERFORMED Support I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31FODF5B-9A4C-42C5-9744-A28E67C638F1 TASK 18. ROW ACC UISITION SUPPORT 18.1. Communication 1. Upon request, ttend monthly status meeting with the CITY to request approval of appraisals, co rater offers, relocation packages and other items that require the input or approval of a CITY. 2. Provide to the ITY a weekly status report indicating tasks completed and tasks remaining in o er to bring each parcel into possession. The comment section will denote the Iat activity on the parcel. 18.2. File Manag am nt 1. Parcel acquis on files will be kept up to date at ENGINEER's office with all permanent rds transferred to the CITY at the completion of the project. 2. The acquisitio file shall contain the following but is not limited to: a. major d Council approval b. All mail ngs to property owners c. Conta log in chronological order from latest to earliest communications d. Appraisal and appraisal review e. Fully ecuted memorandum of agreement f. Orlaine I recorded deed g. Partial h. Origim I. Fully e 18.3. Right of Entry 1. Request perm a. Prepai b. Make I c. Mail a I d. Make u e. Make u f. Email c g. If contE h. If ROE 18.4. Title and 1. When su Pup2a8 subordination agreements and other curative documents title policy ecuted Settlement City and/or Statement Won for ROE from a list of properties provided by the CITY property owner contact list based on CAD information ephone contact with property owners prior to sending the request If ter of explanation with a ROE form requesting permission for ROE. to five attempts to contact and obtain ROE for each parcel to one site visit If necessary py of executed ROE to the CITY as soon as it is received Is not successful, notify the CITY Immediately not granted after contact is made, notify the CITY immediately i Services received, secure a title commitment I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31 2. Obtain tide cc V itment updates periodically as well as prior to dosing or when submitting an package to CITY Attorney. 3. Secure tide Indurance for all parcels acquired, Insuring acceptable tide to the CITY. All of Schedul C will be cleared prior to dosing. Certain exceptions on Schedule B may have to b cleared prior to dosing. A determination of that will be made by the CITY. a. If WeIr ative efforts are outside of what is normal required, i.e. researching unknheirs, obtaining more than a few releases, working with bankruptcy courtworking through complex tender requirements, this work will be oonsd Additional Services and Is not Included In this scope of work. The fee frative services for this parcel will be negotiated and a supplement to the asition providers contract will be required. b. Feesosed by lenders for partial releases will be paid by the CITY. A requor a check summarizing the need forthe check along with backup docutadon will be emalled to the CITY. 4. All tide compa y premium fees Including incidental fees will be paid as a pass through cost' the CITY. 5. A W9 for the p perty owner along with the dosing City and/or Statement and wiring Instructions wi be emailed to the CITY requesting funds for dosing. 6. Closings will b coordinated by the tide company. 18.5. Appraisal and praisal Reviews 1. ENGINEER wi I provide a copy of the permission for ROE to the appraiser. If no ROE has bee previously obtained for appraisal, the appraiser will obtain ROE before enterin onto the subject property. 2. Appraisers sh II conduct a pre -appraisal contact with the property owner. 3. Appraisers sh 11 afford the property owner or their representative the opportunity to accompany th appraiser during their inspection of the property. 4. The reports st 311 conform to the Uniform Standards of Professional Appraisal Practices. 5. The appraiser hall notify the PM of any environmental concerns associated with the right of way ( Wj being acquired which could require re-medlation. 6. All appraisals i Oil be administratively reviewed. After receiving the draft appraisal report, it will be delivered to the Review Appraiser. The Review Appraiser will verify that the report as: a. con - ncy of values b. suppo g documentation available to support the conclusion reached c. compli nt with the Uniform Standards of Professional Appraisal Practices 7. The Review praiser will coordinate as necessary with the Appraiser regarding any revisions or ments which may be required. Mesas I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31FODF58-9A4C-42C5-971-A28E67C638F1 8. The Appraise and Review Appraiser will be available for updating the report for eminent door n proceedings. The fees for the appraisal updates and expert witness preparation testimony are not Included In this scope of work. The fee for appraisal upd and expert witness preparation and testimony will be negotiated and a supple ent to ENGINEER's contract will be required. 9. When the Appraisal Is finalized, the Appraisal along with the Review will be submitted to tie CITY for final approval prior to making an offer. 18.6. Negotiation 1. All acquisftion4 will comply with CFR Part 24 and the Uniform Relocation Assistance and Real Pro My Act of 1970 (Unifcrm Act). 2. Prepare and 9 md an Introduction letter along with the Landowners' Bill of Rights by Certified Mai etum Receipt Requested (CMRRR) according to the address shown on DCAD. 3. A written offer, appraisal report and required brochures will be sent to each property owner through CMRRR. 4. Up to five folio up contacts will be made with each property owner with a goal to reach an agrei iment conducive to all parties. 5. If the property er choses to make a counter offer, ENGINEER will advise them to provide a wrftb in and signed letter along with the appropriate backup documentation in support of ft a counter offer. S. ENGINEER wl I provide to the CITY a written summary memo along with the counter offer. 7. Once an agrec ment has been reached, the necessary Instruments (Memorandum of Agreement (M A), Deed and W9) will be secured and provided to the title company In request of a settlement City and/or Statement. 8. Upon receipt c f the funds to close, the title company will coordinate a closing date with the ownel as well as an ENGINEER representative. 9. The acquisMo will close and all original executed and recorded documents will be delivered to E GINEER or the CITY (whichever Is the preference of the CITY). 10. If after 30 dayof negotiations an impasse has been determined or the property owner is non-r ponsive, and following such notification to the CITY Real Estate Division and nfirmation that acquisition by eminent domain has been granted by the City Coun '1, a Final Offer Letter (FOL) will be delivered by CMRRR along with the draft cony ance document and MOA. 11. If after an a, an Eminent Estate DW 18.7. Eminent 1. For parcels wtfi Issues, an ED Division contai Peke 4 d8 14 days (FOL period) an agreement still has not been reached, package will be assembled and delivered to the CITY Real (ED) re negotiations were unsuccessful or because of incurable title ackage will be assembled and delivered to CITY Real Estate ing copies of the following documents: I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31FODF5B-9A4C-42C5-9744-A28E67C638FE a. Intro 1. c. Reviem Appraisal d. Offer L tterwith CMRRR e. Final C ffer Letter with CMRRR f. Acknow ledgment of LBOR g. Acknow riedgment of Appraisal h. Draft a invevance documents i. Sury J. Updi k. Tide I. Coul n. Agent o. All cor 2. ENGINEER v 3. Order an upda attorney 4. Obtain a copy that all necew 5. ENGINEER w I the attorney 6. Obtain signed Into the reWsb 7. When deposit B. Notify the Atto the Notice of I 9. Obtain from C 10. Obtain from tt 11. Submit paymf 12. If no objection County Cleric'I Papsafe :rovided by others or separate amendment) tide commitment documents KM Settlement package presented to CITY opondence with landowner Including emalls be available to answer questions from the CITY's attorney during the process as necessary ad Appraisal and Review Appraisal when requested by the CITY S f the petition and send it to We company to verify they are satisfied Iy parties have been named send a representative to attend the Special Commissioners Hearing requests ward and submit payment request to CITY for funds to be deposited of the Court ias been made, take "day of take" photos of the ROW ley that the funds have been deposited and request that they send )posit to all parties within 48 hours mmissioners a signed W9 with social security number i Attomey the Commissioners Cost Sheet fitted In by the Judge it requests to CITY for Payment of Special Commissioners were filed, obtain a certified copy of the signed Judgment from office and request a tide policy i DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31 ASSUMPTIONS • If a parcels ership changes after negotiations have begun, an amendment to the contract for ad itional ROW services and fees would be necessary. If a parcel splits into two or mo parcels after negotiations have begun, an amendment to the contract for ad itional ROW services and fees would be necessary. • Acquisition for jail 17 parcels begins at the same time. • If acquisition ob parcels do not start at same time, an amendment to the contract to add additional onthly administrative and project management fees would be required. • Should there greater than 17 parcels, an amendment to the contract to add additional pa fees would be required. • Should reloce amendment is • Should the all that land or sl amendment t • Should the cc contract to ad • Fee does not appraiser pre fees. • Exhibits cont: lag•ade services be required for more than 3 residential displacees, an I oontract to add additional relocations fees would be required. mt be adjusted (from what was available at proposal time) such res are damaged or the appraisal will be more complex, an contract to aid additional appraisal fees would be required. Jemnation rate be greater than 8 parcels, an amendment to the additional condemnation support fees would be required. le: appraisal or appraisal review updates for condemnation, testimony for condemnation, or title policies, and title company metes and bounds are not part of this amendment. Ii DocuSign Envelope ID: 282F706C-74D9-4F57-BlC6-lBl3E2E63F7F E /�j ` � , , \�� � I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F Docu&gn Envelope ID: 3 i DocuSign Envelope ID: 282F7O6C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31FODF5B-9A4C-42C5-974-A28E67C638FE MDR Inc Confidential Right of way Services Negotiation Services Initial Appraisals Initial Appraisals Initial Appraisals Initial Appraisals Initial Appraisal Reviews Residential Relocation Services Condemnation Support PM and Admin Fee 2/14/2019 Price Proposal Summary and Assumptions Unit Rate Total 17 parcels $51500.00 $931500.00 vacant land 10 parcels $3,500.00 $35,0OO.00 Improved parcels 3 parcels $4,500.00 $131500.00 residential w/bisection 3 parcels $5,000.00 $151000.00 commerdal/improved i parcels $7,000.00 $7,000.00 17 parcels $1,300.00 $22,100.00 3 parcels $6,500.00 $19,500.O0 17 parcels x 45% = 8 parcels $3,000.00 $24,000.00 12 months $11,000.00 $132,000.00 Project Total $361,600.0 Assumption: Acquisition for all 17 parcels beg s at the same time If acquisition on parcels do not si art at same time, an amendment to the contract to add additional monthly administrative and project mans egment fees would be required. Should there be greater than 17 rcels, an amendment to the contract to add additional parcel fees would be required. Should a parcel's ownership change after negotiations have begun, an amendment to the contract to add additional negotiation milestone fees would be required. Should a parcel split into two or ore parcels after negotiations have begun, an amendment to the contract to add additional parcel appraisal a W negotiations fees would be required. Should relocation services be rec uired for more than 3 residential displacees, an amendment to the contract to add additional relocations fees ould be required. Should the alignment be adjust (from what was available at proposal time) such that land or structures are damaged or the appraisal will be more complex, an amendment to the contract to add additional appraisal fees would be required. Should the condemnation rate 4 greater than 8 parcels, an amendment to the contract to add additional condemnation support fees would be required. Price proposal does not Include: appraisal or appraisal review updat is for condemnation appraiser prep and testimony for cc ndemnation title policies, title company fees I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31F4DF5B-9A4C-42C5-97�-A28E67C638FE RIGHT OF WAY ACQUISITION SCOPE OF SERVICES A. Communication 1. Upon requesi attend monthly status meeting with the City to request approval of a ralsals, counter offers, relocation packages and other items that rec uire the input or approval of the City. 2. Provide to th City a weekly status report indicating tasks completed and tasks remaining in Mer to bring each parcel into possession. The comment section will denote latest activity on the parcel. B. File Management 1. Parcel acquie ItIon files will be kept up to date at HDITs office with all permanent records trans ierred to the City at the completion of the project. 2. The acqulsiti n file shall contain the following but Is not limited to: a. May r and Council approval b. All ff allings to property owners c. Coni act log In chronological order from latest to earliest communications d. Appi aisal and appraisal review e. Full executed memorandum of agreement f. Orig al recorded deed g. Pa 1 releases, subordination agreements and other curative documents h. Orig al title policy I. Fup executed settlement statement C. Right of Entry (ROE) 1. Request fission for ROE from a list of properties provided by the City a. Prepa properly owner contact list based on CAD information b. Make telephone contact with property owners prior to sending the request if c. Mall a of explanation with a ROE form requesting permission for ROE. d. Make p to five attempts to contact and obtain ROE for each parcel 1 I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31 FODF5B-9A4C42C5-97"8E67C638FE FEZ e. Make f. Email g. if cons h. If ROE D. Tide and Closing 1. When p to one site visit if necessary opy of executed ROE to the City as soon as it is received ct Is not successful, notify the City Immediately is not granted after contact is made, notify the City immediately are received, secure a tide commitment. 2. Obtain title mkment updates periodically as well as prior to dosing or when submitting an ED package to City Attorney. 3. Secure title I urance for all parcels acquired, Insuring acceptable tide to the City. All of Schedu C will be cleared prior to dosing. Certain exceptions on Schedule B may have to cleared prior to dosing. A determination of that will be made by the City. a. If He wrative efforts are outside of what is normal required, i.e. researching unkno Nn heirs, obtaining more than a few releases, working with bankruptcy courts or working through complex lender requirements, this work will be consic ered Additional Services and is not Included in this scope of work. The f for curative services for this parcel will be negotiated and a I I ment to the acquisition provider's contract will be required. b. Fees ' posed by lenders for partial releases will be paid by the City. A requ t for a check summarizing the need for the check along with backup docu ntation will be emailed to the City. 4. All tide comp, ny premium fees including incidental fees will be paid as a pass through cost the City. 5. A W9 for theperty owner along with the dosing statement and wiring instructions will be emai to the City requesting funds for dosing. 6. Closings will ire coordinated by the title company. E. Appraisal and Appraisal Reviews 1. HDR will pro e a copy of the permission for ROE to the appraiser. If no ROE has been previo lY obtained for appraisal, the appraiser will obtain ROE before entering onto subject property. r 3. Appraisers I accompany conduct a pre -appraisal contact with the property owner. afford the property owner or their representative the opportunity to appraiser during their Inspection of the property. K I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31FODF5B-9A4C-42C5-97�-A28E67C638FI F�2 4. The reports all conform to the Uniform Standards of Professional Appraisal Practices. I 5. The appra shall notify the PM of any environmental concerns associated with the right of y (ROW) being acquired which could require re -mediation. 6. All appraisals will be administratively reviewed. After receiving the draft appraisal report, it will delivered to the Review Appraiser. The Review Appraiser will ensure that report has: o consis tency of values o suppo tng documentation available to support the conclusion reached o compl ant with the Uniform Standards of Professional Appraisal Practices 7. The Review raiser wip coordinate as necessary with the Appraiser regarding any revisions lDr comments which may be required. 8. The Appraise and Review Appraiser will be available for updating the report for eminent corn In proceedings. The fees for the appraisal updates and expert witness pre on and testimony are not Included in this scope of work. The fee for appraisal pdates and expert witness preparation and testimony will be negotiated a a supplement to HDR's contract will be required. 9. When the Ap lsal Is finalized, the Appraisal along with the Review will be submitted to #is City for final approval prior to making an offer. F. Negotiation Services 1. All aoquIsftIon4 will comply with CFR Part 24 and the Uniform Relocation Assistance and Real Proporty Act of 1970 (Uniform Act). 2. Prepare and 4nd an Introduction letter along with the Landowners' Bill of Rights by Certified Mail- stum Receipt Requested (CMRRR) according to the address shown on DCAD. 3. A written offerj appraisal report and required brochures will be sent to each property owner throuahl CMRRR. 4. Up to five fall up contacts will be made with each property owner with a goal to read an agre4ment conducive to all parties. 5. if the property caner choses to make a counter offer, HDR will advise them to provide a writt and signed letter along with the appropriate backup documentatio in support of the counter offer. 6. HDR will to the City a written summary memo along with the counter offer. DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31 FODF5&9A4C-42C5-9786-A28E67C638F i. Once an agrei mend has been reached, the necessary Instruments (Memorandum of Agreement MOA), Deed and W9) will be secured and provided to the title company In re luest of a settlement statement. S. Upon receipt c f the funds to close, the title company will coordinate a closing date with the owner as well as an HDR representative. 9. The acquisitor will close and all original executed and recorded documents will be delivered to H R or the City (which ever is the preference of the City). 10. If after 30 days of negotiations and an impasse has been determined or the properly own& Is non -responsive, a Final Offer Letter (FOL) will be delivered by CMRRR along with the draft conveyance document and MOA. 11. If after an add oral 14 days (FOL period) an agreement still has not been reached. an Eminent Dc main package will be assembled and delivered to the City Attorney. H. Eminent Domain (ED) 1. For parcels wh are negotiations were unsuccessful or because of incurable title issues, an ED Dackage will be assembled and delivered to City Attorney containing cop es of the following documents: o Intro Lf tter o Apprai I o Revi Appraisal o Offer L tter with CMRRR o Final 0 far Letter with CMRRR o Acknov ledgment of LBOR o Acknov ledgment of Appraisal o Draft c4nveyanoe documents o tiurvey o Update We comniltment o Title ba rkup documents o Counte, Offer o Admin tivve Settlement package presented to City o Agent f otes o Ali corr mpondence with landowner Including emalls 2. HDR will be available to answer questions from the City's attorney during the Condemnation process as necessary 4 I DocuSign Envelope ID: 282F706C-74D9-4F57-B1C6-1B13E2E63F7F DocuSign Envelope ID: 31FODF5B-9A4C-42C5-974-A28E67C638FI 3. Order an upda Appraisal and Review Appraisal when requested by the City's attorney 4. Obtain a copy of the petition and send it to title company to verify they are satisfied that all necess iry parries have been named 5. HDR will send representative to attend the Special Commissioners Hearing If the attorney so oasts 6. Obtain signed ward and submit payment request to City for funds to be deposited into the reg of the Court 7. When deposit as been made, take "day of take" photos of the ROW 8. Notify the AtIci ney that the funds have been deposited and request that they send the Notice of I aposit to all parties within 48 hours 9. Obtain from mmissioners a signed W9 with social security number 10.Obtain from2 Attorney the Commissioners Cost Sheet filled in by the Judge 11. Submit payme requests to City for Payment of Special Commissioners 12. If no objections were filed, obtain a certified copy of the signed Judgment from County Clerks Dffice and request a title policy 5 Certificate Of Completion Envelope Id: 282F706C74D94F57B1C61B13E2E63F7F Subject: Please DocuSign: City Council Contract 6590-032 Bonnie Brae Phase 6 Source Envelope: Document Pages: 19 Signatures: 5 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 3/5/2019 3:14:41 PM Signer Events Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) 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) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Peter Fearn peter.fearn@rpsgroup.com President RPS Group Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/6/2019 2:17:08 PM ID:5b93da76-d167-4816-af46-59834fe497b3 Holder: Lori Hewell lori.hewell@cityofdenton.com Signature Completed Using IPAddress: 129.120.6.150 E"s Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 by:[DocuftnedPWAw. J. 7F9D328BF0204E5... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 [11,c"Sig",d L�,,by: FLAM OC984EB7EA1F4E7... Signature Adoption: Pre -selected Style Using IPAddress: 50.244.124.241 Status: Completed Envelope Originator: Lori Hewell 901 B Texas Street Denton, TX 76209 lori.hewell@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 3/5/2019 4:14:55 PM Viewed: 3/5/2019 4:15:13 PM Signed: 3/5/2019 4:18:07 PM Sent: 3/5/2019 4:18:08 PM Viewed: 3/5/2019 4:18:45 PM Signed: 3/5/2019 4:19:20 PM Sent: 3/5/2019 4:19:22 PM Viewed: 3/6/2019 1:46:37 PM Signed: 3/6/2019 1:57:58 PM Sent: 3/6/2019 1:58:00 PM Viewed: 3/6/2019 2:17:08 PM Signed: 3/6/2019 2:32:07 PM Signer Events Todd Estes todd.estes@cityofdenton.com City Engineer Capital Projects Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/9/2019 6:33:54 AM I D: 068c5345-9976-44f 1 -a20e-0635690e 1147 Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/27/2019 5:02:53 PM ID:aa1324b3-4d5f-4689-bb44-05fccad939fc In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature DocuSigned by: �- 0658E4F8FB78476... Signature Adoption: Drawn on Device Using IPAddress: 71.84.152.239 Signed using mobile EMT, ' a► - Using IPAddress: 129.120.6.150 [DocuSigned by: 1W(�tl t w�atn B776C711BAOD454... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 ER110CUSIgned by: 1C5CASCSE175493... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status [__6P1ED Timestamp Sent: 3/6/2019 2:32:09 PM Resent: 3/8/2019 8:27:38 AM Viewed: 3/9/2019 6:33:54 AM Signed: 3/9/2019 6:34:32 AM Sent: 3/9/2019 6:34:34 AM Viewed: 3/27/2019 3:30:01 PM Signed: 3/27/2019 3:30:24 PM Sent: 3/27/2019 3:30:27 PM Viewed: 3/27/2019 3:31:47 PM Signed: 3/27/2019 3:31:55 PM Sent: 3/27/2019 3:31:57 PM Viewed: 3/27/2019 5:02:53 PM Signed: 3/27/2019 5:05:31 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 3/5/2019 4:18:08 PM Carbon Copy Events Status Timestamp Annie Bunger Sent: 3/6/2019 2:32:09 PM annie.bunger@cityofdenton.com COPIED Viewed: 3/6/2019 2:35:30 PM Administrative Assistant IV City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson Sent: 3/27/2019 3:30:26 PM jane.richardson@cityofdenton.com OPIED Viewed: 3/27/2019 4:28:32 PM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson Sent: 3/27/2019 5:05:33 PM jane.richardson@cityofdenton.com OPIED Viewed: 4/1/2019 10:42:50 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/27/2019 5:05:33 PM Certified Delivered Security Checked 3/27/2019 5:05:33 PM Signing Complete Security Checked 3/27/2019 5:05:33 PM Completed Security Checked 3/27/2019 5:05:33 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Peter Fearn, Todd Estes, Todd Hileman, Rosa Rios 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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