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
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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'
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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!.
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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.
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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
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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
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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
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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:
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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
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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.
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E
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,
,
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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
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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
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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. Described below are the terms and conditions for
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
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To let us know of a change in your e-mail address where we should send notices and disclosures
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