HomeMy WebLinkAbout24-1481ORDINANCE NO. 24- 1481
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
GRAHAM ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON OCTOBER 19, 2010, IN THE NOT-TO-EXCEED AMOUNT OF $5,444,253.00;
SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL ENGINEERING SERVICES
NEEDED FOR THE BONNIE BRAE PHASE 3 WIDENING AND RECONSTRUCTION
PROJECT FOR THE CAPITAL PROJECTS DEPARTMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
4520 –PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT
NOT-TO-EXCEED $585,141.25, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-
EXCEED $6,029,394.25).
WHEREAS, on October 19, 2010, City Council awarded a contract to Graham Associates,
Inc. in the amount of $5,444,253.00, pertaining to the City of Denton Bonnie Brae Widening and
Improvements Project, relating to design, engineering, and related services for said project; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees applicable to the
Provider’s profession, and such fees do not exceed the maximum provided by law; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment, increasing the amount of the contract between the City
and Graham Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of
Five Hundred Eighty-Five Thousand One Hundred Forty-One and 25/100 ($585,141 .25) Dollars, is
hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said
amendment which shall be effective upon the execution of the amendment attached hereto. The total
contract amount increases to $6,029,394.25 .
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval .
The motion to approve this ordinance was made by $,'_ Jb,. cUb tl h , Cee and
seconded by PAb \ nt \ +1 .r . This ord) y the
following vote U- E :
I
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester , At Large Place 6:
J
,/
J
J
,/
J
,/
PASSED AND APPROVED this the GtR dayof AvSb Jq , 2024
ATTEST:
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
}rLab&c£2aLLtPDp&
BY:
Docusign Envelope ID: A1 A14C04-E981-4375-8CI 9-9C9C832A40FA
DENTON
Docusign City Council Transmittal Coversheet
4520
File Name 4520 Bonnie Brae wldening & Improvements Amendment 1
Purchasing Contact C 0'1 p o"e‘
City C,,„iI T„g,t D,t, " UGUST 6 ’ 2024
1 i cab1 ePiggy Back Option
Contract Expiration
Ordinance
r OF\
Not App
N/A
24-1481
Docusign Envelope ID: A1 A14C04-E98143754C19-9C9C832A40FA
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND GRAHAM ASSOCIATES, INC.
PSA 4520
THE STATE OF TEXAS §
§COUNTY OF DENTON
THIS FIRST AMENDMENT TO CONTRACT 4520 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Graham Associates, Inc. (“Engineer”); to
that certain contract executed on October 19, 2010, in the original not-to-exceed amount
of $5,444,253 (the “Agreement”); for services related to the design services of the Bonnie
Brae Widening and Improvements 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 $585,141.25 with this Amendment for an aggregate not-to-exceed
amount of $6,029,394.25; 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 widening and improvements of the Bonnie Brae Street - Phase 3 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 as Exhibit “A”, a total fee, including
reimbursement for non-labor expenses an amount not to exceed $585,141.25 .
2. This Amendment modifies the Agreement amount to provide an additional
$585,141.25 for the additional services with a revised aggregate not to exceed total
of $6,029,394.25 .
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.
4520 PSA – Amendment #1 Page 1 of 2
Docusign Envelope ID: AIA14C04-E981-4375-8C19-9C9C832A40FA
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 8/7/2024
“City”
“Engineer
CITY OF DENTON, TEXAS
A Texas Municipal Corporation GRAHAM ASSOCIATES, INC.
DocuSigned by:B
SPB HtML?C1 ty Manager
SIGNOR, TITLEit
D /=-DocuSigned by:
Fl'AA- dh,L'kL'4':LExecutive V1 ce President16fMmmFulm
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
ATTEST:
LAUREN THODEN, CITY SECRETARY
DocuSigned by:
,„, I &aAu~th :\Wtb
D09D09CAD33D487.Trevor Cra1 n
PRINTED NAME
D1 rector of capita1 Projects
TITLE
APPROVED AS TO FORM:
MACK REINWAND, CITY ATTORNEY
Capita1 Projects
DEPARTMENT
DocuSlgned by:
N. SawBY
AB7
4520 PSA – Amendment #1 Page 2 of 2
Docusign Envelope ID: AIA14C04-E9814375-8C19-9C9C832A40FA6IC:11111 1111! J11 11 41 1M :11==h= =1FTIs;so: : :Vtr SSI ul\ = = n 5 OT: p E F $ 1 mT:1: :1 suIT :IF IiI: : : : ::Treo :1 9
ASSOCFI AMS ArIIngton. TX 76011 Fort Worth, Texas 76102
817.640.8535 1 817.633.5240 fax 817.332.5756
Exhibit “A”
June 4, 2024
Robin Davis
Project Manager
Capital Projects, Engineering
City of Denton
901-A Texas Street
Denton, Texas 76209
RE:South Bonnie Brae Street – Phase 3
Contract Amendment No. 1
Dear Robin Davis:
This letter will serve as our proposal to complete work on the Hickory Creek LOMR including survey
services, LOMR on two remaining Tributaries, Construction Bidding on the second time, Construction
Administration, As-Built Plans, and continued support for Kansas City Railroad Permits on the above
mentioned project for an hourly amount of $585,141.25 per our 2022 hourly rates.
The work will include the following summarized scope of services. Details per task are attached.
Construction Administration (Item 5b):
Right of Way / Easements (Item 8):
FEMA Response 2-LOMR Hickory Creek Basin (Item 20a):
FEMA Response 3-LOMR Hickory Creek Basin (Item 20a):
Additional reviews as may be needed - NTE:
FEMA Submittal-LOMR Dry Fork/Hickory Ck Trib 1.1 (Item 20b):
Additional reviews as may be needed - NTE:
FEMA Submittal-LOMR Dry Fork/Hickory Ck Tab 1 (Item 20c):
KCS Railroad Coordination & Permits (Item 23):
As-Builts (Item 24):
Reimbursable Expenses:
Total Amendment No. 1 :
51 ,777.50$
$ 25,025.00
$ 103 ,041.25
$ 97,987.50
$ 35,000.00
$56,000.00
35,000.00
50,980.00$
70,330.00
$
$
50,000.00
10.000.00
$585,141.25
Information@grahamcivil.com I grahamcivil.com
Docusign Envelope ID: AIA14C04-E981-4375-8C19-9C9C832A40FA
Item 5b: Construction Phase CA Phase III:
Work will include attending meetings with the City staff and contractor, Addressing all shop drawings and
helping with change orders for City staff, addressing all questions and concerns of the contractor and
making plan changes if required by the City staff for an amount not to exceed $48,365.00.
Senior Engineer
Tech IV
Tech III
Clerical
168 hours @ $195.00
70 hours @ $120.00
47 hours @ $115.00
30 hours @ $ 60.00
Sub-total
$32,760.00
$ 8,400.00
$ 5,405.00
$ 1,800.00
$ 48,365.00
Work will include investigation into what revisions would be required for the changes in alignment of
Storm Sewer Line L-1 along with estimates for quantity differences. All of this work to be done for an
amount not to exceed $3,412.50.
Senior Engineer 17.5 hours @ $195.00
Sub-total
$ 3,412.50
$ 3,412.50
Item 5b) Sub-total $51,777.50
ADDITIONAL SERVICES :
Item 8: Right-of-Way
Temporary Construction Easement Documents:
Work will include preparation ofadditional temporary construction easement exhibits and legal descriptions
needed for Duct Bank work created by UNT and Halff for unground utility relocation outside of the S.
Bonnie Brae St. right-of-way. Services for the above mentioned work for an amount not to exceed
$25.025.OO
Senior Engineer
Registered Public Surveyor
SUIvey Manager
SUIvey Crew
Tech iV
Clerical
35 hours @ $195.00
17.5 hours @ $180.00
10 hours @ $140.00
29 hours @ $150.00
72.5 hours @ $120.00
10 hours @ $ 60.00
Sub-total
$ 6,825.00
$ 3,150.00
$ 1,400.00
$ 4,350.00
$ 8,700.00
$ 600.00
$25,025.00
Docusign Envelope ID: AIA14C04-E9814375-8C19-9C9C832A40FA
Item 20a: LOMR Hickory Creek for Bonnie Brae South:
Response Number 2 for FEMA will include:
Work will include providing support in surveying and H&H staff for addressing comments provided by
FEMA on October 17, 2023 in response to FEMA’s letter dated January 30, 2023. There were 12 comments
in the letter to be addressed by City Staff including revisions to survey sections, base flood profiles, lengths
of cross sections, contraction and expansion coefficients, cross section orientation, providing as built plans
of Old Bonnie Brae bridges, revisions to the stream line for the Dry Fork Branch, Adding sections,
Hydraulic work map revisions, channel lengths revised, and a newspaper ad placed in local paper.
Deliverables to FEMA:
1)
2)
3)
4)
5)
6)
LOMR Response Letter
Newspaper Affidavit
Classified Ad
September 11, 2023 responses
Copies of all H&H Models
Copies of all work maps
The work required for this section of the Hickory Creek LOMR response number 2 for an amount not to
exceed $ 103,041.25.
Senior Engineer
Senior Hydrologist
Survey Crew
Survey Coordinator
Project Engineer I
Tech V
Tech IV
Tech III
Clerical
25.25 hours @ $195.00
415.50 hours (d $195.00
41.50 hours @ $150.00
6 hours @ $140.00
5 hours @ $150.00
8 hours @ $135.00
60.00 hours @ $120.00
4 hours (a> $115.00
9 hours @ $ 60.00
20a) Sub-total Part 1
$ 4,923.75
$81,022.50
$ 6,225.00
$ 840.00
$ 750.OO
$ 1,080.00
$ 7,200.00
$ 460.00
$ 540.00
$ 103,041.25
Response Number 3 for FEMA will include:
Work will include providing support in surveying and H&H staff for addressing comments provided by
FEMA on January 19, 2024 in response to FEMA’s letter dated October 24, 2023.
Work will include providing responses for the 8 comments provided by FEMA. The most substantial work
is required by adding 5000 feet of new cross sections to the model for the new developments that occurred
between Vintage Boulevard and South Bonnie Brae Street in the last 10 years. These developments were
approved by the City with no permit including the original construction of Vintage Boulevard as a 2 lane
road in the 100 year floodplain of Hickory Creek. The new developments include Glenwood Meadows,
Vintage Phase 2, and Vintage Village all built or under construction within the floodplain of Hickory Creek
in the last 10 years.
Docusign Envelope ID: AIA14C04-E9814375-8C19-9C9C832A40FA
The work required for this section of the Hickory Creek LOMR response number 3 for an amount not to
exceed $97,987.50.
Senior Engineer
Senior Hydrologist
Survey Crew
Survey Coordinator
Tech V
Tech III
Clerical
96.75 hours @ $195.00
260.50 hours @ $195.00
116.50 hours @ $150.00
1 hours @ $140.00
8.25 hours @ $135.00
73 hours @ $115.00
20 hours (a> $ 60.00
20a) Sub-total Part 2
$18,866.25
$50,797.50
$ 17,475.00
$ 140.00
$ 1,113.75
$ 8,395.00
$ 1,200.00
$ 97,987.50
Additional reviews by FEMA are estimated not to exceed $35,000.00 if required. We will for the
purposes of this proposal assume one more review to be estimated for this project.
Item 20b: LOMR Dry Fork Hickory Creek Tributary 1.1 Phase 3 FEMA Submittal:
Work will include providing support in surveying and H&H staff for submitting plans for a LOMR on the
named tributary of Hickory Creek know as Dry Fork Hickory Creek Tributary 1.1. The tributary crosses
Bonnie Brae Street near the KCS Railroad crossing. This proposal will assume all work be transferred to
HEC RAS and we no longer will be using any HEC II programming. This will cover the initial submittal
work only and any multiple reviews by FEMA will require additional funding as listed below. We
estimate the cost of this LOMR not to exceed $56,000.00.
Senior Engineer
Senior Hydrologist
SUIvey Crew
Survey Coordinator
Tech V
Clerical
50 hours @ $195.00
150 hours (d $195.00
60 hours @ $150.00
10 hours @ $140.00
40 hours @ $135.00
20 hours (a> $ 60.00
20b) Sub-total
$ 9,750.00
$29,250.00
$ 9,000.00
$ 1,400.00
$ 5,400.00
$ 1,200.00
$ 56,000.00
Additional reviews by FEMA are estimated not to exceed $35,000.00 if required. We will for the
purposes of this proposal assume one more review to be estimated for this project.
Item 20c: LOMR Dry Fork Hickory Creek Tributary 1 Phase 3 FEMA Submittal:
This item at this time cannot be produced until the culvert construction is completed under the KCS Railroad
near IH-35W. Graham Associates, Inc. is estimating this process for design and construction be completed
in 3 years. We are also assuming for this proposal that both tributaries LC)MR’s be completed and submitted
at the same time. Therefore, our estimated time for this section will be the same as Item 20b for $50,980.00
not to exceed with our hourly rates attached.
Docusign Envelope ID: AIA14C04-E98121375-8C19-9C9C832A40FA
Item 23: KCS Railroad Coordination and Permits:
This item will include support for the City staff to obtain required permits for the construction of South
Bonnie Brae Street from the Kansas City Southern Railroad. The cost the permit fees is included in item
Reimbursable Expenses but does not include the cost of the agreements which will be paid for by the City
or contractor separately.
It was determined by the City of Denton to get the KCS Railroad to design and construct the culverts near
the IH-35W area on the Dry Fork Hickory Creek Tributary 1. This item does include a budget of $50,000.00
to coordinate the engineering of a multiplebarrel culvert replacement to be done near IH-35W on the stream
Dry Fork with the KCS Railroad Engineering Department. This would include preliminary Hyraulics &
Hyrdology work to design the culverts and work with the KCS Engineering Department.
The work required for this section of the proposal will not exceed $70,330.00 per our hourly rates. These
fees do not include any engineering or construction agreement fees owed to the KCS Railroad for the culvert
crosslrlg.
Senior Engineer
Senior Hydrologist
Survey Crew
Survey Coordinator
Tech V
Clerical
250 hours (a $195.00
50 hours @ $195.00
20 hours @ $150.00
2 hours (a $140.00
50 hours @ $135.00
30 hours (a $ 60.00
23) Sub-total
$48,750.00
$ 9,750.00
$ 3,000.00
$ 280.00
$ 6,750.00
$ 1,800.00
$ 70,330.00
Item 24: As Built Plans:
This item will include surveying and engineering support to provide construction plans to the City with the
As-Built items that the City and contractor provide to the consultant after construction. Consultant will
survey the new improvements if required and provide new information to the construction plans with an
As-Built stamp and signature at the end of the project. The work required for this section of the project is
estimated to not exceed $50,000.00.
Reimburable Expenses :
Review fees for charges for KCS Railroad Permits, TDLR review and inspection fees, other permit fees
required by the project. The work required for this section of the project is estimated to not exceed
$10,000.00.
We appreciate this opportunity to work with the City staff on the continuation of this project. If you have
any questions, or would like to meet on this proposal please contact me at (817) 929-7934.
Sincerely,
Mark Burckhard, P.E.
Vice President
D')cusign EnveIQpe ID: AIA14CC)4-E981-4375-8C19-9C9C832A4%fhi bit CIQ
CONFLICT OF INTEREST QUESTIONNAIRE -
For vendor or other person doing business with local governmental entit'
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001 (1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics Code, Ordinance 18-757
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after th
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.
misdemeanor.
a b
An offense under this section is a
Graham Associates , Inc.
2
1 1 Check this box if you are filing an update to a previously filed questionnaire.X
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code
Attach additional pages to this Form CIQ as necessary.
A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
=] Yes = No
B Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
El Yes a No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
n „“n .”
D Describe each employment or business and family relationship with the local government officer named in this section
4
5
LJ I have no Conflict of Interest to disclose.
MaX &MALI„, LA
'DocuSigned by
7/8/2024
Signaturm XfM%W>usiness with the governmental entity Date
Docusign Envelope ID: AIA14C04-E981'4375-8C19-9C9C832A40FA
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy ofChapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.u.us/ Docs/LG/htm/LG 176.htm. For easy
reference, below are some of the sections cited on this form,
Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase orleaseof goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code $ 176.003(a){2){A) and {B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vardoE
(B) has given to the localgovemment officer or a family member ofthe officer one or more gifts that have an aggregate value ofmore
than $ 100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor,
Local Government Code $ 176.006fa} and (a-1 )
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
( 1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family mcmbcr
ofthe officer, described by Section 176.003 (a)(2)(A):
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local govemmental entity; or
(B) submitsto the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local govemmental entity; or
(2) the date the vendor becomes aware
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative: a family member related to a City Official within the third 3d degree ofaffiniW (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right4f-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars (550.00) per gift, or multiple gift
cumulatively valued at more than two hundred dollars (8200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
;orm provided by Texas Ethics Commission www. ethics .state . tx . us Revised 11/30/2015
DocuSign
Certificate Of Completion
Envelope Id: A1 A14C04E98143758C199C9C832A40FA
Subject: Please DocuSign: City Council Contract 4520 Bonnie Brae
Source Envelope:
Status: Completed
Widening & Improvements Amendment 1
Document Pages: 10
Certificate Pages: 6
AutoNav: Enabled
Signatures: 6
Initials: 1
Envelope Originator:
Cori Power
901 B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
7/1/2024 2:12:12 PM
Holder: Cori Power
cori .power@cityofdenton.com
Location: DocuSig n
Signer Events
Cori Power
cori .power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature Timestamp
Sent: 7/1/2024 2:26:51 PM
Viewed: 7/1/2024 2:27:10 PM
Signed: 7/1/2024 2:31 :43 PM
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/1/2024 2:31 :44 PM
Viewed: 7/1/2024 5:20:39 PM
Signed: 7/1/2024 5:22:58 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Benjamin N. Samples, II
benjamin.samples@cityofdenton.com
Security Level: Email, Account Authentication
(None)
sA„WLS,If
Sent: 7/1/2024 5:23:00 PM
Resent: 7/3/2024 3:12:56 PM
Viewed: 7/3/2024 3:57:46 PM
Signed: 7/3/2024 4:00:49 PMSignature Adoption : Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 7/3/2024 3:57:46 PM
ID: 66098c56-85e3dj997-9d 1 8-333dcce496d2
Mark Burckhard
Mburckhard@grahamcivil.com
Executive Vice President
DBA Graham Associates, Inc.
Security Level: Email, Account Authentication
(None)
Sent: 7/3/2024 4:00:51 PM
Resent: 7/8/2024 8:27:50 AM
Viewed: 7/8/2024 2:15:03 PM
Signed: 7/8/2024 2:15:45 PMSignature Adoption: Pre-selected Style
Using IP Address: 209.65.241.66
Electronic Record and Signature Disclosure:
Accepted: 1/30/2018 4:52:36 PM
ID: eacc9463-994d2lfc4-9943-03b3a39dOOa9
Signer Events
Trevor Crain
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Timestamp
Sent: 7/8/2024 2:15:50 PM
Viewed: 7/8/2024 2:17:32 PM
Signed: 7/8/2024 2:18:19 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 7/8/2024 2:17:32 PM
ID: 4edcf531 -353241 89-b026-6239809d4b7b
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Completed Sent: 7/8/2024 2:18:21 PM
Viewed: 8/7/2024 8:07:26 AM
Signed: 8/7/2024 8:07:38 AM
Using IP Address: 198.49.140.10
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
'DocuSlgned by:
I SMA H&+.@
.5236DB296270423.
Sent: 8/7/2024 8:07:41 AM
Viewed: 8/7/2024 8:08:03 AM
Signed: 8/7/2024 8:08:18 AM
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.217.96
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)
d4AAab <bbBdub
'DocuSlgned bF Sent: 8/7/2024 8:08:22 AM
Viewed: 8/7/2024 9:54:30 AM
Signed: 8/7/2024 9:55:40 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status
Status
Timestamp
Intermediary Delivery Events Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events Timestamp
Sent: 7/1/2024 2:31 :45 PMCheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Status Timestamp
Sent: 7/8/2024 2:18:21 PM
Viewed: 7/9/2024 1 1 :05:23 AM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sent: 8/7/2024 9:55:42 AM
Viewed: 8/8/2024 7:53:43 AM
Robin Davis
Robin.Davis@cityofdenton.com
Project Manager- Capital Projects
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/8/2024 4:59:11 PM
ID: 97d3df6f-222e2Lf4e-9766-56be7678546a
Sent: 8/7/2024 9:55:44 AM
Viewed: 8/7/2024 10:00:31 AM
Witness Events Signature
Signature
Timestamp
Notary Events Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
7/1/2024 2:26:51 PM
8/7/2024 9:54:30 AM
8/7/2024 9:55:40 AM
8/7/2024 9:55:44 AM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
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: Benjamin N. Samples, II, Mark Burckhard, Trevor Crain, Robin Davis
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.
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. .
Rl uired hardware and software
Operating Systems
Browsers 7for SENDERS
Browsers (for SIGNERS)
Windows2000? or WindowsXP?
Internet Explorer 6.0? or above
Mlet Explorer 6.o?, Mozilla FireFox 1.o
NetScape 7.2 (or above)
Access to a valid email account
800 x 600 minimum
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
roxy 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 confunr 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.