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7938 - Informal Amendment 8 Executed DocuSign Transmittal Coversheet File Name Purchasing Contact Docusign Envelope ID: 09D7E491-3F21-4873-A17A-E969D0FC8850 Kayla Clark 7938 Tire Repair Procurement 901 B Texas St., Denton, TX 76209  (940) 349-7100 OUR CORE VALUES Inclusion  Collaboration  Quality Service  Strategic Focus  Fiscal Responsibility July 9, 2025 Dwayne Waters, INC DBA Briscoe Alignment & Tire (“Briscoe”) 822 S Elm St Denton, TX Ref: 7938 Tire Repair Ms. McIntosh: The City of Denton (COD) has reviewed and accepts the addition of the following terms to Contract 7938 (the “Contract”) with your firm: 1. Briscoe agrees to carry the insurance policies at the levels and subject to the terms and conditions set forth in Exhibit A attached hereto and incorporated herein. 2. Briscoe agrees that it is using COD equipment at its own risk and COD makes no warranties as to the equipment. Briscoe agrees that they are using COD equipment “AS IS WHERE IS” and COD makes no representation of its fitness for a particular purpose. COD specifically disclaims all other warranties at law or otherwise. 3. BRISCOE AGREES THAT IT SHALL INDEMNIFY AND HOLD COD HARMLESS FOR ANY DAMAGE TO COD EQUIPMENT, ANY PROPERTY DAMAGE OR PERSONAL INJURY RELATED TO BRISCOE’S USE OF COD EQUIPMENT. THIS INDEMNITY APPLIES EVEN IN THE EVENT OF COD’S NEGLIGENCE. BRISCOE SHALL DEFEND (AT THE OPTION OF THE COD), INDEMNIFY, AND HOLD THE COD, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE USE OF COD EQUIPMENT, IN THE PERFORMANCE OF BRISCOE’S OBLIGATIONS UNDER THE CONTRACT. BRISCOE SHALL AT ALL TIMES REMAIN FULLY RESPONSIBLE FOR THE ACTS, INSURANCE, FEES, COSTS, BILLINGS, DECISIONS AND OMISSIONS OF ITS OWN EMPLOYEES AND SUCH THIRD PARTIES AS BRISCOE MAY RETAIN, REGARDLESS OF THE EXTENT OF ITS CONTROL OVER THE PERFORMANCE OF SUCH THIRD PARTIES SO RETAINED. All terms and conditions of the contract shall apply. If your firm is in agreement, please sign and return this letter to my attention. Signatures transmitted electronically shall have the same effect as the delivery of original signatures. We look forward to future business with your firm. Regards, ___________________________ ___________________________ Kayla Clark Colleen McIntosh Procurement Dwayne Waters, INC DBA Briscoe Alignment & Tire Docusign Envelope ID: 09D7E491-3F21-4873-A17A-E969D0FC8850 Briscoe - 7938 INSURANCE REQUIREMENTS Respondent’s attention is directed to the insurance requirements below. It is highly recommended that respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal/Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low respondent fails to comply strictly with the insurance requirements, that respondent may be disqualified from award of the contract. Upon contract award, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of contract award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to proposal/bid opening, since the insurance requirements may not be modified or waived after proposal/bid opening unless a written exception has been submitted with the proposal/bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- or better. • Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: o Name as Additional Insured the City of Denton, its Officials, Agents, Docusign Envelope ID: 09D7E491-3F21-4873-A17A-E969D0FC8850 Exhibit A Briscoe - 7938 Employees and volunteers. o That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. GARAGE LIABILITY Garage Liability Insurance including, but not limited to, Premises/Operations, Automobile, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability with minimum combined Docusign Envelope ID: 09D7E491-3F21-4873-A17A-E969D0FC8850 Briscoe - 7938 bodily injury (including death) and property damage limits of $1,000,000 other than Auto-each accident, $2,000,000 Other than Auto-aggregate, $1,000,000 Auto-each accident. The policy shall include: a) Garage Keepers on a direct primary basis to include coverage for Comprehensive and Collision for a limit equal to the Actual Cash Value of the CITY’S vehicle(s) in the CONTRACTOR’S care, custody, or control. B. COMMERCIAL GENERAL LIABILITY INSURANCE Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors, and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. C. WORKERS’ COMPENSATION and EMPLOYERS LIABILITY INSURANCE Workers’ Compensation within the regulations of the Texas Workers’ Compensation Act. The minimum policy limits for Employers Liability are: Bodily Injury by Accident: $100,000.00 Each Accident Bodily Injury by Disease: $100,000.00 Each Employee Bodily Injury by Disease: $500,000.00 Policy Limit NOTES: a. If CONTRACTOR will not be providing services under the contract at a City facility, has no employees and/or is operating as a sole owner and single operator, CONTRACTOR shall provide a signed letter, with the current date, on official letterhead stating such to meet the requirement. SUBCONTRACTING LIABILITY (1) Without limiting any of the other obligations or liabilities of the CONTRACTOR, the CONTRACTOR shall require each Subcontractor performing work under the contract, at the Subcontractor's own expense, to maintain during the engagement with the CITY, types and limits of insurance that are appropriate for the services/work being performed, comply with all applicable laws and are consistent with industry standards. The Subcontractor’s liability insurance shall name CONTRACTOR as an additional insured. Docusign Envelope ID: 09D7E491-3F21-4873-A17A-E969D0FC8850 Briscoe - 7938 (2) CONTRACTOR shall obtain and monitor the certificates of insurance from each Subcontractor. CONTRACTOR must retain the certificates of insurance for the duration of the contract and shall have the responsibility of enforcing insurance requirements among its subcontractors. The CITY shall be entitled, upon request and without expense, to receive copies of these certificates. Docusign Envelope ID: 09D7E491-3F21-4873-A17A-E969D0FC8850 Certificate Of Completion Envelope Id: 09D7E491-3F21-4873-A17A-E969D0FC8850 Status: Completed Subject: ***Purchasing Approval*** 7938- Tire Repair Services for Medium duty Vehicles and Equipment Source Envelope: Document Pages: 6 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 3 Kayla Clark AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 901B Texas Street Denton, TX 76209 kayla.clark@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 7/9/2025 12:38:45 PM Holder: Kayla Clark kayla.clark@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Kayla Clark kayla.clark@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 7/9/2025 12:41:56 PM Viewed: 7/9/2025 12:48:50 PM Signed: 7/9/2025 12:49:27 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/9/2025 12:49:29 PM Viewed: 7/9/2025 1:10:30 PM Signed: 7/9/2025 1:10:49 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Marcella Lunn marcella.lunn@cityofdenton.com Senior Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/9/2025 1:10:51 PM Viewed: 7/9/2025 1:48:31 PM Signed: 7/9/2025 1:51:04 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Colleen McIntosh cmcintosh@briscoetire.com Executive Administrator Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.51.208.202 Sent: 7/9/2025 1:51:06 PM Resent: 7/10/2025 7:12:51 AM Resent: 7/14/2025 8:01:31 AM Viewed: 7/14/2025 8:10:53 AM Signed: 7/14/2025 8:11:18 AM Electronic Record and Signature Disclosure: Accepted: 7/14/2025 8:10:53 AM ID: 1a7688cf-348e-4659-b19f-c05cced2488e Signer Events Signature Timestamp Thomas Gramer Tom.Gramer@cityofdenton.com Director Facilities and Fleet Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 198.49.140.10 Sent: 7/14/2025 8:11:20 AM Resent: 7/14/2025 12:56:46 PM Resent: 7/14/2025 1:32:37 PM Viewed: 7/14/2025 1:34:32 PM Signed: 7/14/2025 1:34:52 PM Electronic Record and Signature Disclosure: Accepted: 7/14/2025 1:34:32 PM ID: f89b3bb4-67f3-4ece-80ca-0ec41f33c7ed Kayla Clark kayla.clark@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/14/2025 1:34:54 PM Viewed: 7/14/2025 1:37:13 PM Signed: 7/14/2025 1:37:17 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 7/14/2025 1:37:20 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/9/2025 12:41:56 PM Envelope Updated Security Checked 7/14/2025 1:32:36 PM Envelope Updated Security Checked 7/14/2025 1:32:36 PM Certified Delivered Security Checked 7/14/2025 1:37:13 PM Signing Complete Security Checked 7/14/2025 1:37:17 PM Completed Security Checked 7/14/2025 1:37:20 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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