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Home My WebLink AboutOPA23-0003ORDINANCENO. OPA23-0003 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN OVERSIZE COST PARTICIPATION AGREEMENT WITH B-BP CHILL DENTON, LLC, FOR THE CONSTRUCTION OF A 16” WATER MAIN FOR THE WATER UTILITIES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (AWARDED TO B-BP CHILL DENTON, LLC, IN THE NOT-TO- EXCEED AMOUNT OF $243,190.00). WHEREAS, the Developer is proposing to construct a water main within the city limits of Denton located just west of the 1-35 freeway running north to south between Metro Street and Corbin Road, as part of this development, the Developer is proposing to increase the capacity of the water main for the Water Utilities Department; and WHEREAS, the water main served by the facility shows additional developable land that will be served by this water main, and therefore the City is motivated to provide proportionate and reasonable capacity costs to expand its utility system and insure adequate utility service to other customers. and WHEREAS, Subchapter C, Section 212 of the Texas Local Government Code authorizes the City to cost participate with a Developer of a subdivision or land to construct public improvements related to the development; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals contained in the preamble of this ordinance are hereby incorporated into the body of this ordinance are true and correct. SECTION 2. That should the City and person submitting approved and accepted items wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities, and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 3. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manage'r of the City of Denton, or their designee. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by . and' - V '0 <7 / / a La / bY a =\ \bccll „,„,d,dby B.„. JD-~ (!-..3 G HcC„ . Thi,„ddby following vote B- d : the Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: \7 ,/ „‘ ./ -£ Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:,,‘ PASSED AND APPROVED thi, th, IC\ day of 2023 GERARb HUbSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\\\\1111111 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Susan S usa n Ke ller =J::r2023.05.18 22:36:06 BY ' 45'oo’ MERCI IAN N B ( ) NI ) IN ( ; C ' ( ) M II ANY I 1\II-RCII ANTS ItIINI II Nta L-ttAtI’AN\ (NtIII t 1 AI I I1 1 1 1\t 1\ I f 1'JH. III 'I MI 11 f-II ',. IF )V/A jf) HIfI !'+98 I'IlIINI,.t8ttltt (!7H HI-/ I I /\\ 1 'i ISI /'I t .itiS,t MULTIPLE OBLIGEE RIDER To be attached to and form part of Bond Number rxc6 1 5679 with Merchants Bonding Company (Mutual )as Surety, Bear Creek Site Utilities & Construction, Ltd. as Prindpal, and City of Denton, Texas as Obligee, for valuable oonsideration, hereby agree respectively in connection with a contract for 3 ua) contract City of Denton, Provide Water & Wastewater Improvements for BP Chill Storage, Denton, TX which bond and contract are made a part hereof by reference, shall now include as additional Obligee(s) B-BP chin Denton, LLC The rights of the additional Obligee(s) shall be subject to the following conditions: (a)TIle Surety shall not be liable under this bond to the Obligee, or any additional Obligee, unless the Obligee, or any additional Obligee, shall make payments to the principal in accordance with the terms of said contract as to payments and shall perform all other obligations to be performed under said contract at the time and in the manner therein set forth. The aggregate liability of the Surety under the Bond to the Obligees, as their interest may appearl-is limited to the penal sum of this Bond. The Suretyl may at its option, make any payments under this Bond by check issued JointJy to the Oblig8es. The Surety shaH not be liable to any of the Obligees if the contract between the PrincIpal and Obligee is void or unenforceable. (b) (C) (d) This rider is effective as of June 15, 2022 City of Denton, Texas By: (Oblig08) a By:CHe 9/tt/ HJ(Surety) Kristi Meek &IJ + + B-BP Chill Denton, 1.1.C By: (Oblige&} }?®, '.q b 1B By: (Oblig m)CON 0313 (2/1 5) MERCHANNS BONDING COMPANY” POWER OF ATTORNEY \ ElraTTLBGT=T::h:g==bP£8T5E£H#=:eR:I:iE:of ElInTITLEintl:ngoIEStER;?herdJ::ELTIgaR? i,bv&h) bo haeby m8ke, m18tRtrto and aMd. ktdlUdu8lly. Bea WIlens; ctvtston Blur; Dawn DavIs; CXxrnlo Dale Doan; Edward Ry8n Bowles; Kee Ponlua; Kngtl Meek; LaCdsh8 WWne; Walter J De Ln R098 ++ true aH kwRH Attomey(sHHad. to sign its name as 8urety(188) and to execute, seal and 8cknawlocbe any and all bonds, untbrtakinp. oonV8cts 8tH otter wiRen' instruments in the nature thereof, ari bihatf at the Ccxnpanl8s in theIr busIness af Wmntnklg the 6d8lttY of pa3uB. gue8nt8dng Itu pafumww of axrtr8t£8 8nd exwuBng or gu8rantodng txrnd8 and undertakings requIred or p8rmttM in any aclk>ns RHXBe{#tBs8#aBBdby IBW TIes Pcn#u<#+R£nwy ts granted axl is 8lgnod and sealed by facsImIle under and by eu#tortty af the btlawlng By4aw8 alqXH PY the Band cf [RuIns tf Me{:hants BcxxBng Canpany (Mutual) on April -23, 201 1 and 8m8nd8d-Augu8t 14, 2015 and adopted by the &utd of Dir8cgtx8 af Rletc+r8nbNgtkxtd Bcxxlh9, Inc, ul Ck#thor 16. 2015. TIn F+8skbnl Secraary, Tnulrv, or any Assistant TreB3urer u any Assistant SeaBtary or any Uce President 8h8ll tnv8 W nrd nrttxxRy toepdnt A£kxrwyshirbFeet 8rxl to authoriz8 them to execute ori behalf of the Company. and attach the seal of the Car4nnY thneto. txxxls eKI utxtert8k+Iss. mxIFrinna8& wltr8cts af indemnIty and other wrItings obligatory in the nature thereof.- TIe siFtarre cf any wtlwUI afEoR and the seal cf the Company may be afhxod by fasimile w eloclruntc bansmissbn to anY RwH afAtta7W or Certifbatim Rnrecf authcxiang the exeal HuI and delivery of-any-band, underiaking, recognbartoe, or ather suretyship otXiW6cxts af the CXxrWty, and stxt1 sIgnature aId seal when so used shall h8vo tho &ame tom and oKect as thwgh manually fM.- In axttwRkn wtth otiig8tkxts in faux of the Fk)dda Department at Tr8n8ponatk)n only, it is agreed th8t the power and aut hcMty hentV given to the AlkxrV+hFea includes any aId all wlsnrts for the mle®e af mtalned pert8ntagn and/or final estimates ul engineering arxi wnstrudkn axrtraas ncB&ed by the State of FbrHa Department of Transportatkin. It is fully unilerstcxld that consenting to the State of Flatla Defwtment cfTrursport8tkx1 making payment of the final w6m8to b the CorRrador andIn ib ass}gne8, shall not reHwe this surety oompany af any cf its ob6gatkxts urxler its txnd. In axrnu£kxt with ob6gatkxrs in favor of the Kentucky Department d Highways only, it is agreed that the power and authority hereby given tD the Aarxne}h+hFea cnnrxrt tn nxxltfied or revoked unless prior written personal notiae af such intent has been given to the CcxnmbsUter- E+wtment af HOlman af the Commonwatth of Kenttrdcy at least thirty (30) days pHu b the nxxJtfiatkn or revaation. In VWtness VWteteaf, the Companiu havo aused this Instrunnnt to be signed and sealed this 8th day of Dec8mtnr , 2022 HERCHAHrs BONDING COHPAW (uuruAL) HERCHAHrs HATIOHAL BONDING. INC. dINa MERCHANTS NATIONAL INDEMNITY COUPANY grATE OF IOWA COUNTY OF DAI I AS u. ch hb 8th My of Decanb8r 2022 , before me 8ppear8d LaITy Taylor, to me personalty known, who being by an d8 wn dH roy Bnih bh;ddent of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; aId But BP n&db ;coxed to the fawu Ins&ument are he Corporate Seals of the Companies; and that the said instrument was signed arxl maId in keW d & CanWbw by auinrtiy of mir re8pec{ive Boards of Dinahxs. (Expiratkx1 af notary'$ wnrnisdon dms not inwIkIate thIs Instrument) I, Wdlan W8nm. Jr.I $ecretay af MERU{ANTS BONDING COMPANY (MUTUAL) aM MERCHANTS NATIONAL BONDING, INC., Ib ten!! &try–hate:v ;hiv;9nd-};;6oirb'i;iru;–arxia>nect copy of ttn POVVEROF-ATTORNEY oxntlod by ad Comp8N8& wIkiIt b sII in hd form 8rxi dfHIdHad rb4 tnqn amerxIBl or r8vok8d. 18th day d Auwt .2023 . S<xetary POA 0018 (10/22) DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 11.00 October DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 EXECUTED in duplicate original counterparts by the undersigned duly-authorized officials and officers of the City and the Developer, on this the _____ day of ____________________, 2023. CITY OF DENTON A Texas Municipal Corporation By: ________________________________ SARA HENSLEY, CITY MANAGER ATTEST: JESUS SALAZAR, CITY SECRETARY By: ________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _________________________ Signature _________________________ Title _________________________ Department Date Signed: ______________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: ________________________________ 7 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615E Director, Water Utlilities 9/20/2023 DocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 11.00 October DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 M ERCI-IAN~ BON D I NG COMl'ANY,,, M FRC HANn llONDINl, CU/\l l'ANY (MU I UAI ) l'.U . IIOX 1'1'1')8. IJI MOINLS, IOWA 50306-3'1')8 l'llllNI:: (80ll) c,78-8171 FAX: ('i l.'i) 2-1 3-:rns-1 MULTIPLE OBLIGEE RIDER To be attached to and fom1 part of Bond Number _________ T_XC_6_1 _56_7_9 _______ _ with Merchants Bondjng Company (Mutual) as Surety, Bear Creek Site Utilities & Construction, Ltd. as Principal, and ___________ C ____ i_,:__ty_o_f_D----en ____ to ____ n::.., ____ Te_x_as:_ __________ as Obligee, for valuable consideration, hereby agree respectively in connection with a contract for 3 way contract, City of Denton, Provide Water & Wastewater Improvements for BP Chill Storage, Denton, TX which bond and contract are made a part hereof by reference, shall now include as additional Obl igee(s) B-BP Chill Denton, LLC The rights of the additional Obligee(s) shall be subject to the following conditions: (a) The Surety shall not be liable under this bond to the Obligee, or any additional Obligee, unless the Obligee, or any additional Obligee, shall make payments to the principal in accordance with the terms of said contract as to payments and shall perform all other obligations to be performed under said contract at the time and in the manner therein set forth. (b) The aggregate liability of the Surety under the Bond to the Obligees, as their interest may appear, is limited to the penal sum of this Bond. (c) The Surety, may at its option, make any payments under this Bond by check issued jointly to the Obligees. (d) The Surety shall not be liable to any of the Obligees if the contract between the Principal and Obligee is void or unenforceable. This rider is effective as of ____________ Ju_n_e_l_5.:...., 2_0_2_2 __________ _ City of Denton, Texas By:-------------- (Obligee) B-BP Chill Denton, LLC n ~o,uling Company (Mutual) By: ~d '2lutk (Surety) fl/ ,z,tj ~a-.3 r Attorney-iri-fapt K .. M k .J nst1 .ee 1 < , , -4 .. By:--------------- (Obligee) By:--------------- (Obligee) ., 4. l , b . !,,-, ·'. 1'• I CON 0313 (2/15) By: ----------------( 0 b Ii gee) DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 M ERCHAN~ BON D I NG CO M PANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the Slate of Iowa, d/b/e Merchants National Indemnity Company (In California only) (herein collectively called the "Companies") do hereby make, constitute and eppoh1t, Individually, Bea Willlams; Christen Tyner; Dawn Davts; Donnie Dale Doan: Edward Ryan Bowles; Kae Perdue; Kristi Meek; LaCrlsha Wynne; Walter J De La Rosa their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wlitten instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfonnance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facslmlle under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. "1lle P!esident, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "1lle signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or oll1er suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fad includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of 111e final estimate to 111e Contractor and/or its assignee, shall not relieve 111is surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed 111at 111e power and aull1ority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealll1 of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused 111is instrument to be signed and sealed this 8th day of December , 2022 •• •:.:•t"ioN~·1.····· •• ,;,,-coh·• MERCHANTS BONDING COMPANY (MUTUAL) ••~r ....... ~•• •• .. ........ ''T,t> • MERCHANTS NATIONAL BONDING, INC. •••~ /09-POfi:,;_· ... o\ ..-~~.•~V.P01f;•.-,,;•. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :"-/C> ~·.-,.: •C., ... ~··.-': :c!!:~ -o-c,:0: ,-. ....-... :C: :-: !z:--o-c,:-• ::S:: :'a:: :~:·.. 1933 . .-·:: By ::.:; ~C) ••• 2003 ,:/i>: --~.. ,. ::-,. -.~ •••• •••• ~~·· • ~· , • ..,,_c::;. • • . .,. . . ~-. •. :ii.~· ..... ' °l""•· p . STATE OF IOWA COUNTY OF DAU.AS ss. ,,..,..,,,, .......... •.,:,~.• * , , resident ··~. * ····· ... . .. ··········· ...... . On this 8th day of December 2022 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to 111e foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Commission Nwnber 702737 My Commission Exiires l'fl(ll 14,2024 (Expiration of notary's commission does not invalidate this instrument) ~b Notary Public I, Wiliam V.:arner,}r,. Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that tfi•-a!iov~.511nd fo~egoing is a true and correct copy of the POWER-OF-ATTORNEY execlted by said Companies, which Is still In full force and effe¢t~P9j beljn amended or revoked. ,; \... . . .,,, .rj -,, In Witness-~l:flj!ve'Wjreunto set my hand and affixed the seal of the Companies on this 18th day of August , 2023 • · " · c..:· ("6 ·. • ....... ,,,, • •• a· ·c·. • .... c.., • :.~~•._. :t\ON,41.•••• • • "'" o,h••• (.I) · ::..: ~--: jt• ••••••••• .111t.••• • ~v .. ·······:"'A • ,I_:_ :_ -~,If' .. ~,..~•, /'.f.PO,t.····~o••. ."~.·~\\POJJ~·."~:"• . :, · .. ,,,z,.,,,,,O~:Z,'"•••i~·'cJ> 4~. -,.~ • ,_. <., "T.-,.,. ;,,,c.o . , · . ..-.~..,v .•a.:,.; "'.•. -: •-,:~ -o -I"': • -/, .,..,.,--:::c.•....--o-c,:v ..... _ c,.--.• ; .. ., ;~ ·. --~ ..... ·1(-c:_~ :z: •s! :ii: -.. ..:;_, .',,···-~-\ "2003 i-: :~·.. 1933 :c::-. ,'.f'J,., ·-~,'c,•. ....... -~... .-.:::.,. -·, , '• ~·• .• : • v6'.. ··~----• .. ••• ~··... . .. •·~•• •• :iAb• .... •·\'\ • .•..• ········ .,:, ... -·•:r ft •• • ... ,. * ,.... . ..... . ....... POA 0018 (10/22) v~~fi. Secrela,y DocuSign Envelope ID: B70B4023-38E5-42EA-AB60-BFC57D9E615EDocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 Certificate Of Completion Envelope Id: B70B402338E542EAAB60BFC57D9E615E Status: Completed Subject: Complete with DocuSign: Oversize Cost Participation Agreement - BP Chill Storage.pdf Source Envelope: Document Pages: 13 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Christian Garcia AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Christian.Garcia@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 9/20/2023 9:48:32 AM Holder: Christian Garcia Christian.Garcia@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Stephen Gay stephen.gay@cityofdenton.com Director, Water Utlilities Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/20/2023 9:51:19 AM Viewed: 9/20/2023 10:41:37 AM Signed: 9/20/2023 11:49:23 AM Electronic Record and Signature Disclosure: Accepted: 9/20/2023 10:41:37 AM ID: 63b472db-17e1-4806-9801-8f17c21a6de2 Hilary Negron Hilary.Negron@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/20/2023 11:49:25 AM Viewed: 9/20/2023 12:34:11 PM Signed: 9/20/2023 12:34:28 PM Electronic Record and Signature Disclosure: Accepted: 9/20/2023 12:34:11 PM ID: 43929ef6-3df7-4238-aa0f-338e59b3f00e 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 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/20/2023 9:51:19 AM Envelope Updated Security Checked 9/20/2023 9:57:10 AM DocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 Envelope Summary Events Status Timestamps Certified Delivered Security Checked 9/20/2023 12:34:11 PM Signing Complete Security Checked 9/20/2023 12:34:28 PM Completed Security Checked 9/20/2023 12:34:28 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure DocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 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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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Stephen Gay, Hilary Negron DocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 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. DocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 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. DocuSign Envelope ID: DC8F9F90-E764-4B17-8AFF-9C878CC03959 Certificate Of Completion Envelope Id: DC8F9F90E7644B178AFF9C878CC03959 Status: Completed Subject: Complete with DocuSign: OPA23-0003 - Oversize Cost Participation Agreement - BP Chill Storage Source Envelope: Document Pages: 18 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Christian Garcia AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Christian.Garcia@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 10/11/2023 1:50:31 PM Holder: Christian Garcia Christian.Garcia@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 10/11/2023 1:52:46 PM Viewed: 10/11/2023 1:53:04 PM Signed: 10/11/2023 1:53:35 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 10/11/2023 1:53:36 PM Viewed: 10/11/2023 1:58:28 PM Signed: 10/11/2023 1:58:36 PM Electronic Record and Signature Disclosure: Accepted: 10/11/2023 1:58:28 PM ID: 66617047-1b19-4ee6-8d51-4514f77fec44 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 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/11/2023 1:52:46 PM Certified Delivered Security Checked 10/11/2023 1:58:28 PM Signing Complete Security Checked 10/11/2023 1:58:36 PM Envelope Summary Events Status Timestamps Completed Security Checked 10/11/2023 1:58:36 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. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. 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 you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. 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 notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Jesus Salazar 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.