7574-010 - Amendment 1 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
PSA
Not Applicable
7574-010
I-35 Split to Milam Phase 2 - Amendment #1
Cori Power
SEPTEMBER 19, 2023
N/A
23-1660
7574-010 PSA – Amendment #1 Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND KIMLEY-HORN AND ASSOCIATES, INC.
PSA 7574-010
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7574-010 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc.
(“Engineer”); to that certain contract executed on May 17, 2022, in the original not-to-
exceed amount of $751,100 (the “Agreement”); for professional services related to the I-
35 Split to Milam Phase II project.
WHEREAS, the City deems it necessary to further expand the services provided by
Engineer to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount $224,300 with this Amendment for an aggregate not-to-exceed
amount of $975,400; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (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 design of I-35 Split to Milam Phase II Project, are hereby authorized to be
performed by Engineer. For and in consideration of the additional services to be
performed by Engineer, the City agrees to pay, based on the cost estimate detail
attached, a total fee, including reimbursement for non-labor expenses an amount
not to exceed $224,300.
2. This Amendment modifies the Agreement amount to provide an additional
$224,300 for the additional services with a revised aggregate not to exceed total of
$975,400.
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.
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
7574-010 PSA – Amendment #1 Page 2 of 2
IN WITNESS WHEREOF, the City and the Engineer, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“City”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_________________________________
SARA HENSLEY
CITY MANAGER
“Engineer”
KIMLEY-HORN AND ASSOCIATES,
INC.
By:
_________________________________
AUTHORIZED SIGNOR, TITLE
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
ATTEST:
JESUS SALAZAR, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
rector of Capital Projects
Capital Projects
Trevor Crain, PMP
09/19/2023
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Professional Services Agreement:
I-35 - SPLIT TO MILAM PHASE 2
GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN
Amendment Scope of Services
This is Amendment Number 01 to the Professional Service Agreement (7574-010) between
Kimley-Horn and Associates, Inc. (ENGINEER) and the City of Denton (City) executed on May 17, 2022.
Scope of Services
This project was originally intended to be bid and constructed as a single construction set, alongwith the I-35 Utility Relocations. There are now two (2) separate I-35 utility relocation projects, aswell as two (2) projects to be bid and constructed under this contract. Due to recent developments,the original corridor for design and proposed easement were no longer were feasible, thus therewas a need for additional survey and design phase services for the gravity and force main sewers.The CITY has requested that the ENGINEER perform the following additional services:
Task 4 – FINAL DESIGN
A.Final Waterline and Sanitary Sewer Design
1.Provide additional Preliminary/Final plan and profile drawings preparation for anaddition of approximately 500 linear feet water main, 330 linear feet of 12-inchsanitary sewer force main, and 400 feet of 18-inch through 33-inch gravitysanitary sewer line.
Task 6 – BID PHASE SERVICES
A.Bid Phase Services
1.Provide electronic bid documents to the City purchasing department for bidding.
2.Provide the Notice to Bidders to the City for publication. The City will be
responsible for publication of the notice. The City will be responsible fordistribution of the bidding documents to prospective contractors, suppliers andplan rooms.
3.The following assistance will be provided to the City during the bidding phase:
a.Preparation of addenda and delivery to City for distribution to plans
holders.
b.Responses to questions submitted by plans holders.
c.Attend bid opening facilitated by City.
d.Preparation of bid tabulation.
e.Preparation of recommendation of award letter.
4.Conformance plans and specifications
Exhibit A
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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a.Based on potential questions and addenda from the bidding phase, prepareconformance set of plans and specifications to be used during
construction.
i.Provide up to four (4) sets to City for execution.
Task 7 – CONSTRUCTION PHASE SERVICES
A.Construction Phase Services
1.Pre-Construction Conference
a.Prepare for and attend a pre-construction conference prior to
commencement of Work at the Site
2.Site Visits
a.Visit the construction site up to twelve (12) times during construction to
perform construction observation. 12 months construction time isassumed.
b.Site Visits are not intended to be exhaustive or to extend to every aspect
of Contractor’s work in progress. Observations are to be limited to spotchecking, selective measurement, and similar methods of general
observation of the Work based on ENGINEER’s exercise of professionaljudgement.
c.Based on information obtained during site visits, ENGINEER will
determine if Contractor’s work is generally proceeding in accordance withthe Contract Documents, and ENGINEER will keep CITY informed ofthe general progress of the work.
d.Hold monthly meetings with the contractor, either on site or off site for upto twelve (12) meetings.
3.Recommendations with Respect to Defective Work
a.Provide recommendations to City that Contractor’s work be disapprovedand rejected while it is in progress if, on the basis of site visit evaluations,ENGINEER believes such work will not produce a completed Project thatconforms generally to Contract Documents or that it will prejudice theintegrity of the design concept of the completed Project as a functioningwhole as indicated in the Contract Documents. Notwithstanding the
foregoing, the City reserves the right to disapprove or reject Contractor’swork without a recommendation from the ENGINEER.
4.Clarifications and Interpretations
a.Issue necessary clarifications and interpretations of the ContractDocuments to City as appropriate to the orderly completion of
Contractor’s work. Such clarifications and interpretations will beconsistent with the intent of the Contract Documents. Field ordersauthorizing variations from the requirements of the Contract Documentswill be made by City.
5.Change Orders
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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a.Recommend change orders to City, as appropriate.
b.Review and make recommendations related to Change Orders submitted
or proposed by the Contractor.
6.Shop Drawings and Samples
a.Review and approve or take other appropriate action in respect to ShopDrawings and Samples and other data which Contractor is required tosubmit, but only for conformance with the information given in theContract Documents and compatibility with the design concept of thecompleted Project as a functioning whole as indicated in the ContractDocuments. Such review and approvals or other action will not extend tomeans, methods, techniques, equipment choice and usage, sequences,schedules, or procedures of construction or to related safety precautionsand programs. Assumes up to thirty (30) shop drawings.
7.Substitutes and “or-equal”
a.Evaluate and determine the acceptability of substitute or “or-equal”materials and equipment proposed by Contractor in accordance with the
Contract Documents, but subject to the provisions of applicable standardsof state or local government entities.
b.Provide recommendations to City
8.Inspections and Tests
a.Review certificates of inspections and tests within ENGINEER’s area ofresponsibility for the purpose of determining that the results certifiedindicate compliance with the Contract Documents and will not constitutean independent evaluation that the content or procedures of suchinspections, tests, or approvals comply with the requirements of theContract Documents. ENGINER will be entitled to rely on the results ofsuch tests and facts being certified. The scope of services assumes thepumps and motors will go through a non-witnessed factory test. Attending
testing will be considered additional services.
9.Disagreements between City and Contractor
a.As necessary, ENGINEER will, with reasonable promptness, render initialwritten decision on all claims of City and Contractor relating to theacceptability of Contractor’s work or the interpretation of the
requirements of the Contract Documents pertaining to the progress of theContractor’s work. In rendering such decisions, ENGINEER will be fairand not show partiality to City or Contractor and will not be liable in
connection with any decision rendered in good faith in such capacity. Theinitial decision of the ENGINEER shall be required as a conditionprecedent to mediation or litigation of any claim arising prior to the date
final payment is due to the Contractor, unless thirty (30) days have passedafter a claim has been referred to the ENGINEER with no decision havingbeen rendered.
10.Final Walkthrough and Punchlist Preparation
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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a.Attend final walkthrough with Contractor and City to determine if thecompleted work of Contractor is generally in accordance with the
Contract Documents.
i.Limitation of Responsibilities: The ENGINEER will not beresponsible for the acts or omissions of any Contractor, or ofany of their subcontractors, suppliers, or of any other individualentity performing or furnishing the work. ENGINEER will nothave the authority or responsibility to stop the work of any
Contractor.
b.Compile punch list from information gathered during final walkthroughwith City and Contractor.
Task 10 – SURVEY AND EASEMENTS
A.Design Survey
1.Provide an additional 7,000 linear feet of topographic survey due to a change inalignment. Survey will be provided per the previously authorized scope items.
Task 15 – LIFT STATION BID PHASE SERVICES
A.Bid Phase Services
1.Provide electronic bid documents to the City purchasing department for bidding.
2.Provide the Notice to Bidders to the City for publication. The City will be
responsible for publication of the notice. The City will be responsible fordistribution of the bidding documents to prospective contractors, suppliers andplan rooms.
3.The following assistance will be provided to the City during the bidding phase:
a.Preparation of addenda and delivery to City for distribution to plansholders.
b.Responses to questions submitted by plans holders.
c.Attend bid opening facilitated by City.
d.Preparation of bid tabulation.
e.Preparation of recommendation of award letter.
4.Conformance plans and specifications
a.Based on potential questions and addenda from the bidding phase, prepareconformance set of plans and specifications to be used duringconstruction.
ii.Provide up to four (4) sets to City for execution.
Task 16 – LIFT STATION CONSTRUCTION PHASE SERVICES
A.Construction Phase Services
1.Pre-Construction Conference
a.Prepare for and attend a pre-construction conference prior tocommencement of Work at the Site
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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2.Site Visits
a.Visit the construction site up to twelve (12) times during construction to
perform construction observation. 12 months construction time isassumed.
b.Site Visits are not intended to be exhaustive or to extend to every aspectof Contractor’s work in progress. Observations are to be limited to spotchecking, selective measurement, and similar methods of generalobservation of the Work based on ENGINEER’s exercise of professional
judgement.
c.Based on information obtained during site visits, ENGINEER willdetermine if Contractor’s work is generally proceeding in accordance withthe Contract Documents, and ENGINEER will keep CITY informed ofthe general progress of the work.
d.Hold monthly meetings with the contractor, either on site or off site for upto twelve (12) meetings.
3.Recommendations with Respect to Defective Work
a.Provide recommendations to City that Contractor’s work be disapprovedand rejected while it is in progress if, on the basis of site visit evaluations,ENGINEER believes such work will not produce a completed Project that
conforms generally to Contract Documents or that it will prejudice theintegrity of the design concept of the completed Project as a functioningwhole as indicated in the Contract Documents. Notwithstanding theforegoing, the City reserves the right to disapprove or reject Contractor’swork without a recommendation from the ENGINEER.
4.Clarifications and Interpretations
a.Issue necessary clarifications and interpretations of the ContractDocuments to City as appropriate to the orderly completion ofContractor’s work. Such clarifications and interpretations will beconsistent with the intent of the Contract Documents. Field ordersauthorizing variations from the requirements of the Contract Documentswill be made by City.
5.Change Orders
a.Recommend change orders to City, as appropriate.
b.Review and make recommendations related to Change Orders submittedor proposed by the Contractor.
6.Shop Drawings and Samples
a.Review and approve or take other appropriate action in respect to ShopDrawings and Samples and other data which Contractor is required tosubmit, but only for conformance with the information given in the
Contract Documents and compatibility with the design concept of thecompleted Project as a functioning whole as indicated in the ContractDocuments. Such review and approvals or other action will not extend tomeans, methods, techniques, equipment choice and usage, sequences,
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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schedules, or procedures of construction or to related safety precautionsand programs. Assumes up to fifty (50) shop drawings.
b.Substitutes and “or-equal”
c.Evaluate and determine the acceptability of substitute or “or-equal”materials and equipment proposed by Contractor in accordance with theContract Documents, but subject to the provisions of applicable standardsof state or local government entities.
d.Provide recommendations to City
7.Inspections and Tests
a.Review certificates of inspections and tests within ENGINEER’s area ofresponsibility for the purpose of determining that the results certifiedindicate compliance with the Contract Documents and will not constitutean independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of theContract Documents. ENGINER will be entitled to rely on the results ofsuch tests and facts being certified. The scope of services assumes the
pumps and motors will go through a non-witnessed factory test. Attendingtesting will be considered additional services.
b.Disagreements between City and Contractor
c.As necessary, ENGINEER will, with reasonable promptness, render initialwritten decision on all claims of City and Contractor relating to theacceptability of Contractor’s work or the interpretation of therequirements of the Contract Documents pertaining to the progress of theContractor’s work. In rendering such decisions, ENGINEER will be fairand not show partiality to City or Contractor and will not be liable inconnection with any decision rendered in good faith in such capacity. Theinitial decision of the ENGINEER shall be required as a conditionprecedent to mediation or litigation of any claim arising prior to the datefinal payment is due to the Contractor, unless thirty (30) days have passedafter a claim has been referred to the ENGINEER with no decision havingbeen rendered.
8.Final Walkthrough and Punchlist Preparation
a.Attend final walkthrough with Contractor and City to determine if the
completed work of Contractor is generally in accordance with theContract Documents.
b.Limitation of Responsibilities: The ENGINEER will not be responsible
for the acts or omissions of any Contractor, or of any of theirsubcontractors, suppliers, or of any other individual entity performing orfurnishing the work. ENGINEER will not have the authority or
responsibility to stop the work of any Contractor.
c.Compile punch list from information gathered during final walkthroughwith City and Contractor.
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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SCHEDULE
At a mutually agreed upon date.
Compensation
The additional services described above will be accommodated by increasing the contract amountby $224,300. The following table summarizes the revised contract amount:
Task Original
Contract
Amendment
No. 1
Revised
Contract
Task 1 – Design Management $5,500 -$5,500
Task 2 – Alignment Study $19,700 -$19,700
Task 3 – Preliminary Design $142,000 -$142,000
Task 4 – Final Design $98,600 $22,700 $121,300
Task 5 – Construction Contract Documents $4,600 -
Task 6 – Bid Phase Services $3,800 $12,200 $16,000
Task 7 – Construction Phase Services $6,600 $61,100 $67,700
Task 8 – Record Drawings Preparation $5,000 -
Task 9 – Permitting $50,200 -$50,200
Task 10 – Survey and Easements $80,100 $25,300 $105,400
Task 11 – Easement Acquisition Services $80,800 -$80,800
Task 12 – Conflict Analysis N/A --
Task 13 – Lift Station Preliminary
Engineering Report (PER)$26,000 -$26,000
Task 14 – Lift Station Prelim/Final Design $184,300 -$184,300
Task 15 – Lift Station Bid Phase Services $6,300 $28,900 $35,200
Task 16 – Lift Station Const. Phase Services $37,600 $74,100 $111,700
Totals:$751,100 $224,300 $975,400
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Amendment No. 1I-35 - SPLIT TO MILAM PHASE 2GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023
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Duly executed by each party’s designated representative to be effective on the date subscribed by theCITY.
BY:CITY OF DENTON, TEXAS BY:ENGINEER
Title:______________________
Date:_______________________
Kimley-Horn and Associates, Inc
Title: John Atkins, Vice President .
Date:_____07/28/2023_______________________
DocuSign Envelope ID: 16EE7E28-AD0E-43B7-9728-C84141D8A9B7
Certificate Of Completion
Envelope Id: 16EE7E28AD0E43B79728C84141D8A9B7 Status: Completed
Subject: Please DocuSign: City Council Contract 7574-010 I35 Split to Milam Phase II Amendment #1
Source Envelope:
Document Pages: 11 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
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901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
8/21/2023 7:12:12 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
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Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
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(None)
Completed
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
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John Atkins
john.atkins@kimley-horn.com
Vice President
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ID: cdcbea80-0f86-4a03-9e91-3bdda39cdec2
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Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
rector of Capital Projects
City of Denton
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sara Hensley
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City Manager
City of Denton
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Jesus Salazar
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Cheyenne Defee
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City of Denton
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Gretna Jones
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Legal Secretary
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Cole Tankersley
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: John Atkins, Trevor Crain, PMP, Jesus Salazar, Cole Tankersley
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.