Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
26-1226
City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement ACM: Christine Taylor DATE: August 18, 2026 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., amending the contract approved by City Council on June 4, 2024, in the not-to-exceed amount of $1,259,400.00; amended by Amendment 1 approved by the City Manager; said second amendment to provide an extended scope including alignments study of branch sanitary sewer lines, easement acquisition for the added sewer line branches, and additional full plan set and services for the added branch lines for the Clear Creek Interceptor project for the Wastewater Department; providing for the expenditure of funds therefor; and providing an effective date (RFQ 8213- 001 – providing for an additional second amendment expenditure amount not-to-exceed $1,330,400.00, with the total contract amount not-to-exceed $4,180,600.00). The Public Utilities Board recommends approval (4 - 0). STRATEGIC ALIGNMENT This action supports Key Focus Area: Enhance Infrastructure and Mobility. INFORMATION/BACKGROUND The original contract was established for engineering services focused on the conceptual design and due diligence for "a major wastewater interceptor in the near future in the Clear Creek Basin." Per the City of Denton Wastewater Master Plan, the project involved designing approximately 7.5 miles of 27-inch to 42- inch sanitary sewer pipeline. This pipeline will begin at the future Clear Creek Water Reclamation Plant Site (located approximately 5,500 feet north of the Hartlee Field Road and Collins Street intersection), extend westward along Clear Creek to the Milam Creek confluence, and connect to the influent gravity piping at the Ganzer Road Lift Station (at the southeast corner of Ganzer Road and IH-35), which is currently under design. The initial scope of services includes Design Management, Alignment Study, Topographic Survey, Nationwide Permitting, Archaeological Services, ESA Field Assessments, Tree Survey, Alignment Revisions, Easement Preparation, TxDOT RULIS, and Gas Pipeline Encroachments. The first amendment addressed the high development interest within the Clear Creek Basin and the pressing need for expanded wastewater services to support the area's rapid growth. To meet this increased demand, the amendment provides for the continuation of comprehensive engineering design and easement acquisition services, positioning the city to move forward with constructing the Clear Creek Interceptor. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com The revised scope adds essential tasks: Preliminary Design, Final Design, Bid Phase Services, and Easement Acquisition Services. These additions ensure all phases from planning through construction are covered, facilitating efficient progress on this critical infrastructure project. This amendment to the scope of work addresses the high development interest and the ability to abandon up to six (6) existing lift stations with the additional sewer branch lines. These projects are identified on the City’s wastewater master plan (WWMP) as project 27, 30, and 43, and comprise generally 6,100 feet, 6,120 feet, and 7,613 feet, respectively. This amendment also includes additional design and easements that have arisen on the original Clear Creek project and includes construction phase services. This amendment provides for the continuation of comprehensive engineering design and easement acquisition services, positioning the city to move forward with constructing the Clear Creek Interceptor. The revised scope adds essential tasks: Preliminary Design, Final Design, Bid Phase Services, and Easement Acquisition Services. These additions ensure all phases from planning through construction are covered, facilitating efficient progress on this critical infrastructure project. Request for Qualifications for an engineering services list for various water and wastewater utilities projects for the Water Utilities Department was solicited using the City’s formal solicitation process. City Council approved a pre-qualified list of professional service firms on March 5, 2024 (Ordinance 24-390). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 5, 2024, City Council approved RFQ 8213 for a prequalified list of firms for engineering services for various water and wastewater utilities projects for the Water Utilities Department (Ordinance 24-390). On June 4, 2024, City Council approved a contract with Kimley-Horn and Associates, Inc., in the not-to- exceed amount of $1,259,400 (Ordinance 24-1076). On December 17, 2024, City Council approved Amendment No. 1 with Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $1,590,800, for a total not-to-exceed amount of $2,850,200 (Ordinance 24- 2410). On August 10, 2026, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award Amendment No. 2 with Kimley-Horn and Associates, Inc., to provide an extended scope including alignments study of branch sanitary sewer lines, easement acquisition for the added sewer line branches, and additional full plan set and services for the added branch lines for the Clear Creek Interceptor project for the Wastewater Department, in a not-to-exceed amount of $1,330,400, for a total amended contract amount of $4,180,600. PRINCIPAL PLACE OF BUSINESS Kimley-Horn and Associates, Inc. Fort Worth, TX SUSTAINABILITY MEASURES The contract will help the City of Denton in the full engineering design and easement acquisition necessary to permit the City to begin construction of the Clear Creek Interceptor. The new additional infrastructure will increase wastewater capacity throughout the Northern part of the City. The facilities are essential to the safe treatment and discharge of effluent to the sensitive accepting streams. ESTIMATED SCHEDULE OF PROJECT This amendment will be started upon approval, with preliminary plans being submitted in October 2025, and final plans coming in October 2026. FISCAL INFORMATION These services will be funded from the 5-year Capital Improvement Program, account 640516545.1360.20100. Purchase Order #207401 will be revised to include the second amendment amount of $1,330,400. The total amount of this contract is $4,180,600. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance, Contract, Ordinance, and Amendment 1 Exhibit 3: Ordinance and Amendment 2 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Shawn Messick, 940-349-8390. Legal point of contact: Leah Bush at 940-349-8333. ORDINANCENO. 24-1076 AN ORDINANCEOF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION,AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICESAGREEMENTWITH KIMLEY-HORN AND ASSOCIATES,INC.. FOR ENGINEERINGSERVICESFORTHE CONCEPTUAL DESIGNAND DUEDEIGENCE ITEMS FOR THE CLEAR CREEK INTERCEPTOR PROJECT FOR THE WASTEWATER DEPARTMENTAS SETFORTHIN THE CONTRACT; PROVIDING FORTHEEXPENDITURE OF FUNDSTHEREFOR;AND PROVIDING AN EFFECTWEDATE (RFQ 8213-o01- PROFESSIONAL SERVICES AGREEMENT FORENGrNEERiNG SERVICESAWARDED TO KINILEY-HORNAND ASSOCIATES,INC., IN THENOT-TO-EXCEEDAMOUNT OF $1 ,259,400.00). WHEREAS,onMarch 5,2024,the City Council approvedapre-qualified engineerlist for the WaterandWastewaterUtilities Department (Ordinance24-390), andthe professional services provider(the“Provider”) mentionedin this ordinanceisbeingselectedasthemosthighly qualified on thebasisof its demonstratedcompetenceand qualifications to perform theproposedprofessional services; and WHEREAS, this procurementwas undertaken aspart of the City’s governmental function [Waterand sewerservice]; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommendedpracticesand fees published by the professional associationsapplicableto the Provider’s profession, and suchfeesdo not exceedthe maximum providedbylaw; NOW,THEREFORE, THE COUNCIL OFTHE CITY OFDENTON HEREBY ORDAINS: SECTION 1. TheCity Manager,or their designee,is hereby authorizedto enter into an agreementwith Kimley-Hom andAssociates,Inc., forengineeringservicesfortheconceptualdesign andduediligenceitemsfor theClearCreek Interceptorproject for theWastewaterDepartment,a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds asrequired bytheattachedcontract. SECTION 3. The City Council of the City of Denton, hereby expressly delegatesthe authority to take any actionsthat may be required or permitted to be performedby the City of Dentonunderthis ordinanceto theCity Managerof theCity of Denton,or their designee. SECTION4. Thefindings in the preambleof this ordinanceareincorporatedherein by reference. SECTION5. This ordinanceshall becomeeffective immediately upon its passageand approval. The motion to approvethis ordinance was made by 75r1 h'.. BeG K and secondedby A'cIti Byrd .This oTdinancewas passedand approved by thefollowingvoteK -I Aye Nay Abstain Absent Mayor GerardHudspeth: ,/ ./ \/ VickiByrd,District1: BrianBeck.District2: PaulMeltzer.District3:/ JoeHolland. District 4:,/ ./ J Brandon ChaseMcGee, At Large Place5: Jill Jester,At LargePlace6: PASSEDAND APPROVEDthisthe 'I'- d,,.f J.,„,_,2024. ATTEST: LAUREN THODEN, CITY SECRETARY APPROVEDAS TO LEGAL FORM: MACK REINWAND,CITY ATTORNEY Digitally signedbyMarcellaLunn DN:dc=com,dc=cityofdenton, dc=codad,ou=Department MB–a7m17aFFBTFO=mTR Government, ou=Legal, cn=MarcellaLunn, email=Marcella.Lunn@cityofdenton.com Date: 2024.05.03 13:23:43-05'00' ahn\\h' \\\M DocuSign Envelope ID:3B4B9F3B-IEFE-41A0-8B37-A86322CA968B DENTON DocusignCityCouncilTransmittalCoversheet 8213-001PSA File Name I Clear Creek Interceptor PSA Purchasing Contact Erica Garcla City Council Target Date June 4 ’-2024 PiggyBackOption ContractExpiration Ordinance Not App11cab1e N/A 24–1076 DocuSign Envelope ID: 3B4B9F3B-1 EFE-41A0-8B37-A86322CA968B CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES 8213401 This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and Kimlev-Horn and Associates, Inc., with its corporate office at 801 CherryStreet. Suite 1300, Unit 11, Fort Worth, TX 76102. and authorized to do business in Texas, (’'ENGINEER"), for a PROJECT generally described as: Clear Creek Interceptor (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B.Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $1,259,400 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 18 DocuSign Envelope ID:3B4B9F3B-1 EFE-41A0-8B37-A86322CA968B A. Invoice and Payment (1) The Engineer shall providethe City sufficient documentation, including but not limitedto meetingthe requirementsset forth in the PROJECTschedule as set forth inAttachmentA to reasonably substantiatethe invoices. (2)The ENGINEERwill issuemonthlyinvoicesfor all work performedunder this AGREEMENT. Invoices for the uncontested performance of the particular servicesare due and payablewithin 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balancefor the uncontestedperformanceof the serviceswill be due within 30 days of receiptof thefinal invoice. (4)in the eventof adisputedorcontestedbilling,onlythat portionsocontestedwill be withheldfrom payment,and the undisputedportionwill be paid.The CITY willexercisereasonablenessin contestingany billor portionthereof.No interest will accrueon any contestedportion of the billing until mutuallyresolved. (5) if the CITYfailsto make paymentin full to ENGINEERfor billingscontested in good faith within60 days of the amount due, the ENGINEER may, after giving 7 days' written noticeto CITY, suspend services under this AGREEMENT until paidin full. Inthe event of suspensionof services,the ENGINEERshall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION4 Obligations of the Engineer A. General The ENGINEERwill serve as the CITY's professionalengineeringrepresentativeunder this AGREEMENT, providing professional engineering consultation and advice and furnishingcustomaryservicesincidentalthereto. B. Standardof Care The ENGINEERshall performits services: (1)with the professionalskilland care ordinarilyprovidedby competentengineers practicing in the same or similar locality and under the same or similar circumstancesand professionallicense; and (2) asexpeditiouslyas is prudentconsideringthe ordinaryprofessionalskilland care of a competent engineer. City ofDenton,Texas StandardAgreementfor EngineeringRelatedDesignServices RevisedDate:3/22/22 Page2of 18 DocuSignEnvelope ID:3B4B9F3B-IEFEJt1A0-8B37.A86322CA968B C. Subsurface Investigations (1)The ENGINEER shall advise the CITY with regard to the necessity forsubcontractwork such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the resultsof same. Such surveys,tests,and investigationsshallbe furnished bythe CITY, unlessotherwise specified inAttachment A. (2) in soils, foundation, groundwater, and other subsurface investigations,the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigationshave been made. Becauseof the inherent uncertaintiesin subsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECTcost and/or execution.These conditions and cost/executioneffects are not the responsibility of theENGINEER. D. Preparationof EngineeringDrawings TheENGINEERwillprovideto theCITYtheoriginaldrawingsof allplansin inkon reproduciblemylar sheetsand electronicfiles in .pdfformat,or as otherwiseapprovedby CITY,which shallbecomethe propertyof the CITY.CITY may use such drawingsin any manner it desires; provided,however, that the ENGINEER shall not be liablefor the use of such drawingsfor any projectother than the PROJECT describedherein. E. Engineer'sPersonnelat ConstructionSite (1)The presenceor dutiesof the ENGINEER'spersonnelat a constructionsite, whether as on-siterepresentatives or otherwise, do not makethe ENGINEERor its personnelin any way responsiblefor thosedutiesthat belongto the CITYand/orthe CITY'sconstructioncontractorsor other entities,and do not relieve the constructioncontractorsor any other entityof their obligations,duties,and responsibilities,including,but not limitedto, all constructionmethods,means, techniques, sequences, and proceduresnecessary for coordinatingand completing all portions of the constructionwork in accordancewith the AGREEMENTDocumentsand any health or safety precautionsrequired by such constructionwork. The ENGINEERand its personnelhavenoauthorityto exercise any control over any constructioncontractor or other entity or their employees inconnection with their work or any health or safety precautions. (2) Exceptto the extent of specificsite visits expressly detailedand set forth in Attachment A, the ENGINEERor its personnelshall have no obligation or responsibilityto visit the constructionsite to becomefamiliarwith the progress or quality of the completedwork on the PROJECT or to determine, in general, if the work on the PROJECTis being performedin a mannerindicatingthat the City ofDenton, Texas StandardAgreement for EngineeringRelatedDesignServices Revised Date:3/22/22 Page3 of 18 DocuSign Envelope ID: 3B4B9F3B-IEFE-+IA0-8B37-A86322CA968B PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1)The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance withAttachment A. (2) in providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge,information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Denton, Texas Standard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 4 of 18 DocuSignEnvelope ID:3B4B9F3B-IEFE41 A04B37-A86322CA968B H. Record Drawings Recorddrawings,if required,willbe prepared,in part,on the basisof informationcompiled andfurnishedby others,and maynotalwaysrepresenttheexactlocation,type of various components,or exact mannerin whichthe PROJECTwas finally constructed. The ENGINEERis not responsiblefor any errors or omissions in the informationfrom others that is incorporatedintothe record drawings. I. RighttoAudit (1) ENGINEER agrees that the CITY shall, untilthe expirationof five (5) years after final paymentunderthis AGREEMENT,have accessto and the right to examine and photocopyany directly pertinentbooks, documents,papersand records of the ENGINEER involvingtransactions relating to this AGREEMENT. ENGINEERagrees that the CITY shall have access during normalworking hoursto all necessary ENGINEERfacilities and shall be providedadequate and appropriatework space in order to conduct audits in compliancewith the provisionsof this section. The CITY shall give ENGINEER reasonableadvancenoticeof intendedaudits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provisionto the effect that the subconsultant agrees that the CITY shall, until the expirationof five (5) years after final paymentunder the subcontract,have access to and the right to examine and photocopyany directly pertinentbooks, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection(3) hereof. CITY shallgive subconsultantreasonableadvance notice of intended audits (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEERfor the cost of copiesat the rate publishedin the TexasAdministrativeCodein effect as of the time copying is performed. City ofDenton, Texas StandardAgreement for EngineeringRelatedDesignServices Revised Date:3/22/22 Page5of 18 DocuSign Envelope ID:3B4B9F3B-1 EFE-41A0-8B37-A86322CA968B J. INSURANCE (1) ENGINEER’SINSURANCE a.Commercial General Liability – the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrencewith a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separatelyto this PROJECT or location. i.The CITY shall be includedas an additional insuredwith all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primaryinsurancewith respectto any other insuranceor self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completedoperations,contractual,personal injury, or advertisinginjury,which are normallycontainedwithin the policy, unlessthe CITY specifically approves such exclusions inwriting. ii.ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liabilityor commercial umbrella liability insurance maintained in accordancewith this AGREEMENT. b.BusinessAuto – the ENGINEERshall maintain business auto liability and, if necessary,commercialumbrellaliabilityinsurancewith a limit ofnot lessthan $1,000,000eachaccident. Suchinsuranceshall cover liability arising out of “any auto”, including owned, hired, and non-owned autos,whensaid vehicle is used in the courseof the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i.ENGINEERwaivesall rightsagainstthe CITYand its agents, officers, directors and employees for recovery of damages to the extentthese damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physicaldamage coverage. c. Workers’ Compensation– ENGINEERshall compensation and employersliability insurance Cityof Denton,Texas StandardAgreementfor EngineeringRelatedDesignServices RevisedDate:3/22/22 Page6 of 18 maintain workers and, if necessary, DocuSignEnvelope ID:3BtB9F3B-1EFE41A04B37-A86322CA968B commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employeefor bodilyinjury by disease,with $500,000.00 policylimit. i.ENGINEER waives all rights against the CITYand its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer’s liability or commercial umbrella insurance obtained by ENGINEER pursuantto this AGREEMENT. d.Professional Liability– ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate.The policyshallcontaina retroactivedate priorto the dateof the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years followingthe completionof the AGREEMENT.An annual certificateof insurance specifically referencing this PROJECT shall be submitted to the CITYfor each year following completion of the AGREEMENT. (2) GENERAL INSURANCEREQUIREMENTS a. Certificatesof insuranceevidencingthat the ENGINEER has obtained all required insuranceshall be attachedto this AGREEMENT prior to itsexecution. b.Applicablepolicies shall be endorsedto name the CITY an Additional Insuredthereon, subjectto any defense providedby the policy,as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contractedservIces. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENTare provided under applicable policiesdocumentedthereon. d. Any failure on part of the CITY to attach the required insurancedocumentationhereto shall not constitutea waiver of the insurance requirements. e.A minimum of thirty (30) days notice of cancellationor materialchange in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable inthe event of non-paymentof premium.Notice shall be sent to the respectiveDepartmentDirector (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. f. Insurersfor all policies must be authorized to do business in the State of City ofDenton, Texas StandardAgreementfor EngineeringRelatedDesignServicesRevisedDate:3/22/22 Page 7of 18 DocuSlgn Envelope ID: 3B4B9F3B-1 EFE41A0-8B37-A86322CA968B Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g.Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. DedIcated financial resources or letters of credit may also be acceptable to the CITY h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. 1.The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k.Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. 1.The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 8 of 18 DocuSignEnvelope ID: 3B4B9F3B-1EFE41A04B37-A86322CA968B L. Disclosure The ENGINEERacknowledgesto the CITY that it has madefull disclosurein writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationshipswith abutting property cities.The ENGINEERfurther acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequentto the signing of this AGREEMENT and priorto final payment underthe AGREEMENT. M. Asbestos or Hazardous Substances (1) if asbestos or hazardous substances in any form are encountered or suspected, the ENGINEERwillstop its ownwork in the affectedportionsof the PROJECT to permit testing and evaluation. (2)if asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permittingauthorities require design changes so as to comply with publisheddesign criteriaand/orcurrentengineeringpracticestandardswhichthe ENGINEERshould have beenawareof at the time thisAGREEMENTwas executed,the ENGINEERshall revise plansand specifications,as required,at its own cost and expense. However,if design changes are requireddue to the changes in the permittingauthorities'publisheddesign criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEERcould not have been reasonablyaware of, the ENGINEERshall notify the CITY of such changes and an adjustment in compensationwill bemadethrough an amendmentto this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed perAttachment A to this AGREEMENT. P. EqualOpportunity (1)Equal EmploymentOpportunity: ENGINEERand ENGINEER’sagents shall engage in any discriminatoryemployment practice. No personshall,on the grounds of race, sex, sexual orientation,age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discriminationunder any activities resultingfrom thisAGREEMENT. (2)Americans with Disabilities Act (ADA) Compliance: ENGINEERand City ofDenton,Texas StandardAgreementfor EngineeringRelated DesignServicesRevisedDate:3/22/22 Page 9of 18 DocuSignEnvelopeID: 3B4B9F3B-IEFE-41A0-8B37-A86322CA968B ENGINEER’sagents shall not engage in any discriminatoryemployment practice against individuals with disabilities as defined in the ADA. SECTION 5 ObligationsoftheCity A. City-FurnishedData ENGINEERmay rely upon the accuracy, timeliness, and completeness of the information providedby the CITY. B. Access to Facilities and Property The CITY will make its facilities accessibleto the ENGINEERas required for the ENGINEER'sperformanceof its services. The CITYwill perform,at no costto the ENGINEER,such testsof equipment,machinery,pipelines,and other componentsof the CITY'sfacilities as may be requiredin connectionwith the ENGINEER’sservices. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unlessotherwiseagreedto in the Scopeof Services,the CITY will obtain, arrange,and payfor alladvertisementsfor bids; permitsand licensesrequiredby local,state,or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER'sservicesor PROJECT construction. D. TimelyReview The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications,proposals,and other documents;obtain advice of an attorney, insurancecounselor,accountant,auditor,bondand financial advisors,andother consultantsas the CITYdeemsappropriate;andrenderin writingdecisionsrequiredby the CITY in a timely manner in accordancewith the PROJECT schedule prepared in accordancewith AttachmentA. E. PromptNotice The CITY will give promptwritten noticeto the ENGINEERwheneverCITY observesor becomesawareof any developmentthat affects the scope ortiming of the ENGINEER's servicesor of any defect inthe work of the ENGINEER or construction contractors. F. Asbestos or HazardousSubstances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's CityofDenton, Texas StandardAgreementfor EngineeringRelatedDesignServicesRevisedDate:3/22/22 Page10of 18 DocuSignEnvelopeID: 3B4B9F3B-1EFE=11A04B37-A86322CA968B facilitiesthat may contain hazardousmaterials,includingasbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In considerationof the associatedrisksthat maygive riseto claimsby third parties or employees of City, City hereby releases ENGINEERfrom any damageor liabilityrelatedto the presenceof such materials. (2)The releaserequiredaboveshall notapply in the event the discharge,release or escape of hazardoussubstances,contaminants,or asbestos is a result of ENGINEER’snegligenceor if ENGINEERbrings such hazardoussubstance,contaminant or asbestosonto the PROJECT. G. Contractor Indemnification andClaims The CITY agreesto include in all constructioncontractsthe provisionsof Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnificationof the CITY and the ENGINEERfor contractor's negligence. H. Contractor Claimsand Third-PartyBeneficiaries (1)The CITY agrees to include the following clause in all contracts with constructioncontractorsand equipmentor materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct actionagainstthe ENGINEER,its officers,employees,and subcontractors,for any claim arisingout of, in connectionwith, or resulting from the engineering services performed. Only the CITY will bethe beneficiary of any undertakingby the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEERand there are nothird-partybeneficiaries. (3)The CITY will includein each agreementit enters into with any other entityor person regardingthe PROJECTa provisionthat such entity or person shall have nothird-partybeneficiary rightsunder this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim againstENGINEER. I. CITY'sInsurance (1) The CITY may maintain property insurance on certain pre-existing structuresassociatedwith the PROJECT. (2)The CITY may secureBuildersRisk/Installationinsuranceat the replacement City of Denton,Texas StandardAgreement for EngineeringRelatedDesignServices RevisedDate:3/22/22 Page 11of18 DocuSign Envelope ID: 3B4B9F3B-1 EFEz}IA0-8B37-A86322CA968B cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER’s performance of its obligations hereunder. D. Termination (1 ) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 12 of 18 DocuSignEnvelope ID: 3B4B9F3B-IEFEZFIA04B37-A86322CA968B ENGINEER. b.by either the CITY or the ENGINEERfor cause if either party fails substantiallyto performthroughno fault of the otherand the nonperformingparty does not commence correction of such nonperformancewithin 5 days’ written notice or thereafterfails to diligentlycomplete the correction. (2)if this AGREEMENTis terminatedfor the convenienceof the City, the ENGINEERwill bepaidfor terminationexpenses as follows: a. Cost of reproductionof partialor completestudies,plans,specifications or other forms of ENGINEER'Swork product; b. Out-of-pocketexpenses for purchasingelectronic data files and other data storagesupplies or services; c. The time requirementsfor the ENGINEER'Spersonnelto documentthe work underwayat the time of the CITY'S terminationfor convenience so that the work effort is suitable for long time storage. (3) Prior to proceedingwith termination services, the ENGINEER will submit to the CITY an itemizedstatementof all terminationexpenses. The CITY'Sapproval will be obtainedin writing priorto proceedingwith terminationservices. E. Suspension,Delay,or Interruptionto Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension,delay, or interruption,an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors,and ENGINEER'scompensation will be made F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENTCODE SECTION 271.904,THE ENGINEERSHALL INDEMNIFYOR HOLD HARMLESSTHE CITYAGAINST LIABILITY FOR ANY DAMAGE COMMiTrED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT UNDERCONTRACT,OR ANOTHER ENTITYOVER WHICHTHE ENGINEEREXERCISESCONTROLTO THE EXrENT THAT THE DAMAGEIS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUALPROPERTYINFRINGEMENT,OR FAILURETO PAY ASUBCONTRACTOROR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’S LIABILITY City of Denton,Texas StandardAgreementfor EngineeringRelatedDesignServices RevisedDate:3/22/22 Page13of 18 DocuSign Envelope ID:3B4B9F3B-1EFE-41A0-8B37-A86322CA968B G. Assignment Neitherparty shall assignall or any part of this AGREEMENTwithout the prior written consentof theotherparty. H.Jurisdiction The law of the Stateof Texasshall governthe validityof this AGREEMENT,its interpretationand performance,and any other claims relatedto it. The venuefor any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisionscontained in this AGREEMENTare held for any reason to be invalid,illegal,or unenforceablein any respect, such invalidity,illegality, or unenforceability will not affect any other provision,and this AGREEMENTshall be construedas if such invalid,illegal,or unenforceableprovision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F.,6.H.,and 6.1.shall survive termination of this AGREEMENT for any cause. J. ObserveandComply ENGINEERshallat all timesobserveandcomplywith all federaland Statelaws and regulationsand with all City ordinancesand regulationswhich in any way affect this AGREEMENTand thework hereunder, and shall observe and comply with all orders, laws ordinancesand regulationswhich mayexistor may be enactedlater by governingbodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorancethereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESSCITY AND ALL OF ITS OFFICERS,AGENTSANDEMPLOYEESFROMAND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHERIT BE BY ITSELF OR ITSEMPLOYEES. K. ImmigrationNationalityAct ENGINEERshall verify the identityand employmenteligibility of its employeeswho performwork underthis AGREEMENT,including completingthe Employment Eligibility VerificationForm(1-9).Upon requestby CITY, ENGINEERshall provideCITY with copiesof all 1-9forms and supporting eligibility documentationfor each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State lawsaswell as establishappropriate proceduresand controlsso that no services will be performedby any ENGINEERemployeewho is not legallyeligibleto performsuch services.ENGINEERSHALL INDEMNIFYCITY AND HOLDCITY HARMLESS FROMANY PENALTIES,LIABILITIES, OR LOSSES DUE TOVIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS, AGENTS,OR LICENSEES.CITY, upon written notice to ENGINEER,shall have the right to immediately terminate this AGREEMENT for violations of this provision by Cityof Denton,Texas StandardAgreementfor EngineeringRelatedDesignServices RevisedDate:3/22/22 Page14of 18 DocuSignEnvelope ID:3B4B9F3B-1EFE41A04B37-A86322CA968B ENGINEER L. Prohibition on Contracts with Companies Boycotting Israel Engineer acknowledges that in accordance with Chapter 2271 of the Texas GovernmentCode, City is prohibitedfrom entering into a contract with a companyfor goodsor services unless the contract containsa written verification from the company that it: (1) does not boycott Israel;and (2) will not boycott Israel during the term of the contract. Theterms “boycottIsrael”and“company”shallhavethe meaningsascribedto those terms in Section808.001of the Texas GovernmentCode. By sIgnIng this agreement, Engineer certifies that Engineer’s signature provides written verification to the City that Engineer:(1)does not boycott Israel; and (2)will not boycottIsrael duringthe term of the agreement. Failureto meetor maintainthe requirementsunderthisprovisionwill be considereda materialbreach. M. Prohibition on Contracts with Companies Doing Business with Iran,Sudan,or a ForeignTerroristOrganization Sections2252and 2270of the Texas GovernmentCoderestrictsCITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Engineer certifies that Engineer’s signature provides written verification to the City that Engineer,pursuantto Chapters2252and 2270, is not ineligibleto enterinto this agreementandwill not becomeineligibleto receive payments under this agreement by doing business with Iran, Sudan, or a foreIgn terrorist organIzation. Failureto meetor maintainthe requirementsunderthis provisionwill be considereda materialbreach. N. Prohibition on Contracts with Companies Boycotting Certain Energy Companies Engineer acknowledges that in accordance with Chapter 2274 of the Texas GovernmentCode, City is prohibitedfrom entering into a contractwith a companyfor goods or servicesunless the contract containswritten verificationfrom the company that it (1) does not boycott energy companies; and (2) will not boycott energy companiesduring the term of the contract. The terms “boycott energy company” and “company”shall have the meanings ascribed to those terms in Section 809.001 of the Texas GovernmentCode. By sIgning this agreement, EngIneer certifies that Engineer’ssignatureprovides written verificationto the City that Engineer:(1) does not boycott energy companies;and (2)will not boycott energy companies during the term of the agreement. Failure to meet or maintain the requirements under this provision will beconsidered a material breach. O. Prohibition on Contracts with CompaniesBoycotting Certain FirearmEntitiesandFirearmTradeAssociations City ofDenton,Texas StandardAgreementfor EngineeringRelated DesignServicesRevisedDate:3/22/22 Page 15of 18 DocuSignEnvelopeID:3B4B9F3B-1EFE41A0-8B37-A86322CA968B Engineer acknowledges that in accordance with Chapter 2274 of the Texas GovernmentCode, City is prohibitedfrom entering into a contractwith a company for goods or services unless the contract contains written verification from the company that it (1) does not have a practice, policy, guidance, or directive that discriminates againsta firearm entityor firearm trade association; and (2) will not discriminate during the term of the contractagainsta firearm entityor firearm trade association. The terms “discriminateagainst a firearm entity or firearm trade association,” “firearm entity” and “firearmtrade association”shall havethe meaningsascribed to those terms in Chapter 2274of the TexasGovernmentCode. By signing this agreement, EngIneer certifies that Engineer’ssignatureprovideswritten verification to the City that Engineer: (1) does not have a practice, policy, guidance,or directive that discriminates againsta firearm entity or firearm trade association; and(2)will not discriminateduring the term of the contractagainst a firearmentity or firearm trade assocIation. Failureto meetor maintain the requirements underthis provision will be considereda materialbreach. P.Termination Rightfor Contracts with Companies Doing Business with Certain Foreign-Owned Companies The City of Denton mayterminate this Contract immediatelywithout any further liability if the City of Dentondetermines,in its sole judgment, that this Contract meets the requirementsunderChapter2274, and Engineeris, or will be in thefuture, (i) owned by orthe majorityof stockor other ownership interest of the companyis held or controlled byindividualswho are citizens of China, Iran, North Korea, Russia,or other designated country(ii)directly controlledbythe Governmentof China, Iran, NorthKorea, Russia, or other designatedcountry,or (iii) is headquarteredin China, Iran, North Korea, Russia, or other designated country. Q.ProhibitionAgainst PersonalInterest in Contracts No officer, employee,independentconsultant, or elected official of the City who is involvedin the development,evaluation,or decision-makingprocessof the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resultingfrom that solicitationas defined in the City’s Ethic Ordinance 23-1165 and in the City Charterchapter2 article XI(Ethics).Any willful violationof this section shall constituteimproprietyin office, and any officer or employeeguilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision,with the knowledge,expressed or implied, of the Contractorshall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. R.Certificate of Interested Parties Electronic Filing In2015,the TexasLegislatureadopted HouseBill 1295,whichadded section 2252.908 of the GovernmentCode. The law states that the City may not enter into this contract unlessthe Contractorsubmitsa disclosureof interestedparties (Form 1295)to the City Cityof Denton,Texas StandardAgreementfor EngineeringRelatedDesignServicesRevisedDate:3/22/22 Page16of 18 DocuSignEnvelopeID: 3B4B9F3B-1EFE41A04B37-A86322CA968B at the time the Contractorsubmits the signed contract. The Texas EthicsCommission has adopted rules requiringthe business entity to file Form 1295electronicallywith the Commission. Contractorwill be requiredto furnisha Certificateof InterestPartiesbeforethe contract isawarded,in accordancewith GovernmentCode2252.908. Thecontractorshall: 1. 2 3 4 5 6. Logonto the State EthicsCommissionWebsite at : https://www.ethics.state.tx.us/filinginfo/1295/ Registerutilizingthetutorial providedbythe State Printa copy ofthe completedForm 1295 Enterthe CertificateNumberon page2 ofthis contract. Completeand signthe Form 1295 Email the form to purchasing@cityofdenton.comwith subjectline. (EX: Contract 1234– Form 1295) the contract number in the The City must acknowledgethe receiptof the filed Form 1295not later than the 30th day after Council award. Once a Form 1295 is acknowledged,it will be posted to the TexasEthicsCommission’swebsitewithin seven businessdays. S. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT,which supersedes all priorwritten or oral understandings,and may only be changedbya written amendmentexecutedby both parties. This AGREEMENTmay be executed in one or more counterpartsand each counterpartshall, for all purposes,be deemed an original, but all such counterpartsshalltogether constitute butone and the same instrument. The followingattachmentsand schedulesare herebymade a part of thisAGREEMENT: AttachmentA - Scopeof Services Attachment B - Compensation These documentsmake up the AGREEMENTdocumentsandwhat is called for byone shall be as bindingas if calledfor by all. In the event of an inconsistencyor conflict in any of the provisionsof theAGREEMENTdocuments,the inconsistencyor conflict shall be resolved by giving precedencefirst to the written AGREEMENTthen to the AGREEMENTdocumentsin the order inwhichthey are listedabove. The partiesagreeto transactbusinesselectronically.Anystatutory requirementsthat certainterms be inwritingwill be satisfiedusingelectronicdocumentsandsigning. Electronicsigningofthis documentwill be deemedan originalfor all legalpurposes. City of Denton,Texas StandardAgreementfor EngineeringRelatedDesignServicesRevisedDate:3/22/22 Page 17of18 DocuSignEnvelopeID: 3B4B9F3B-1EFE-41A0-8B37-A86322CA968B 2yJy209}ecutedby each party’s designated representative to be effective on BY: CITY OF DENTON, TEXAS BY: ENGINEER DocuSlgn•d by: SMAH&M££y INANDASSOCIATES,INC SaraHensley,CityManager AuthorizedAgent,Title Full Name: 30hr1Atkins 2024-1149688 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER ATTEST: LAURENc:EHQPEN, CITYSECRETARY BY:punTbJ I ' \----r)f)qr)ngcAr)nRr)487 THISAGREEMENTHAS BEEN BOTH REVIEWEDAND APPROVED as to financial and operational 9bl©g£9£g;and business terms SItwcw aMI bBvrSgM APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY D1rector , Title Water utillt1 es Department CityofDenton,Texas StandardAgreementfor EngineeringRelatedDesignServicesRevisedDate:3/22/22 Page18of 18 DocuSignEnvelopeID: 3B4B9F3B-IEFE41 A04B37-A86322CA968B ArrACHMENTA DESIGN SERVICES FOR CLEARCREEKIFIERCErroR ATTACHMENT "A" Scopefor EngineeringDesignRelatedServicesfor: CLEAR CREEKINTERCEPTOR The ENGINEER will perform its servicespursuanttothe requirementsdelineatedbelow. Servicesunderthis attachmentinclude engineeringservicesfor the conceptualdesignanddue diligenceitems for theCLEAR CREEK INTERCEPTOR project. Project Understanding TheCity of Dentonwaterandwastewaterutility hasdeterminedthat amajor wastewater interceptorwill benecessaryin the nearfuture in theClear CreekBasin. In accordancewith the City of DentonWastewaterMaster Planapproximately7.5 miles of 27-inch through 42-inch sanitarysewerpipeline will bedesignedto beinstalled beginning atthe future Clear CreekWater ReclamationPlant Site(-5,500 LF north of theHanlee Field RoadandCollins Street intersection)andextendingto thewest alongthe Clear Creekto the Milan Creekconfluence,and connectingto the influent gravity piping atthe GanzerRoad Lift State(at the southeastcornerof GanzerRoad and IH-35) which is currently under design. This scopeof services includes conceptual design and due diligence items necessaryto permit the City to begin purchasingeasementsnecessaryto constructthe interceptor. Final design is not included in this scopeof services and is anticipated to be addedby amendment in fiscal year 2025. ENGINEER’sscopeof servicesis asfollows: • • • • • • • • • • Task 1– DesignManagement Task2 –Alignment Study Task3 – TopographicSurvey Task4 – Nationwide Permitting Task5 – Archeological Services Task6 – ESAField AssessmentsandTreeSurvey Task 7– Alignment Revisions Task8– EasementPreparation Task9– TxDOT RULIS Task 10– GasPipeline Encroachments Cityof Denton,TexasAttachmentA Page 1of 14 DocuSignEnvelopeID:3B4B9F3B-1EFE41A0-8B37-A86322CA968B ATrACHMENTA DESIGN SERVICES FOR CLEARCREEKIFrERCErroR Task 1–DESIGN MANAGEMENT A. Project Management 1. Develop projectcommunicationplan. a. Develop project contact list. b. Prepareande-mail progressreportsto the project teamonceamonth to beincluded with invoices. 12 months is assumed. c. Prepareproject schedule and provide schedule updatesif the schedule changes. 2. Meetings a. Preparefor and attend kickoff meeting. b. Preparemeetingnotesanddistribute to the City. 3. Sub-consultant Agreement Preparation a. Prepareand executeup to two (2) subconsultant agreements. CityofDenton,TexasAttachmentA Page2of 14 DocuSignEnvelopeID: 3B4B9F3B-IEFE41 A04B37-A86322CA968B ArrACHMENTA DESIGN SERVICES FOR CLEARCREEKIFrERCEPTOR Task2–ALIGNMENTSTUDY This taskisfor consideringalternativealignmentsof theproposedClear CreekInterceptor and obtaining City concurrenceof a singleoption for theproposedalignmentprior to performing and preparing design surveys, special studies and permitting, construction plans, and easement documents. This taskwill alsoverify sizing for the interceptorbaseduponthe existing City wastewaterhydraulicmodel. A. PreliminaryInvestigation 1. Data collection and record research 2. Siteinvestigation 3.Hydraulic verification andsizing utilizing City providedwastewatermodel 4. Datareviewwith City B.Schematicproperty and right-of-way investigation 1. Obtainandorganizingpublicly availableparcel,easement,andownership data. 2. Import obtaineddatainto CAD format for usein alignmentdetermination. C.Aquatic ResourcesDelineation 1. Delineationwill beperformed in generalaccordancewith the U.S.Army Corps of Engineers(USACE) 1987WetlandsDelineationManual andappropriate USACE RegionalSupplement(GreatPlainsRegion)asdetailedbelow: a. Locatereadily available resourcedocumentsandperform adesktopreview of siteconditions. b- C. Perform one site visit to evaluate the existenceand approximate locations of aquatic resourceson the site. Prepareexhibits showingtheboundaries(polygons) andacreageand/or linear footage(if applicable)of aquaticresourcesidentified onsiteduring the site visit. Appropriate feature data,locations, and extents will be collectedwith aGPSwith sub-meteraccuracyasrequiredby the USACE. This scopeof work doesnot include flagging. d.Prepareareport for theproject documentingthe resultsof the aquatic resourcesdelineationperformedonsiteproviding recommendations pertaining to compliancewith Section404 of the CleanWater Act and/or Section 10of the RiversandHarborsAct. 2.Official authority to makeadeterminationdefining applicablejurisdictional limits restswith the EPA; however,authority hasbeendelegatedto the USACE. Jurisdictional determinationsaremadeby the USACE, upon specificwritten request,on acase-by-casebasisand may make useof certain information at its disposal(suchasother permitsin the local area)that may not bereadily available to the public. The aquaticresourcesdelineationshouldnot beconsidered authoritative, andit may not wholly eliminateuncertainty regardingthe USACE's jurisdictional limits. D. AlternateAlignmentTechnicalMemorandum 1. Easementrequirements Cityof Denton,TexasAttachmentA Page3 of 14 DocuSign Envelope ID:3B4B9F3B-1 EFE-41A0-8B37-A86322CA968B ATrACHMENTA DESIGN SERVICES FOR CLEARCREEKIHrERCErroR 2. Pavement impacts 3. Environmentally sensitive areaidentification 4. Permitting requirements 5. Property ownership impacts 6. Field review of alignment altematives 7. Opinion of ProbableConstructionCost (OPCC) 8. Alternative alignments mapping 9. Draft memorandum,includingpresentationto City 10. Final memorandum,including alignmentrecommendations Theworkflow anticipatedwill requirecertaininvestigations to commenceafterthis taskis underwayor nearlycomplete,e.g.,the archeologicalsurvey (by others). If the archeological surveyfindings or findings of otherinvestigations dictatechangesto the alreadyestablished alignment andotherwork performedin this task,thenthe revisionswill beperformedaspart of Task 7– Alignment Revisions, E. Deliverables 1. Digital .PDFcopyof draftandfinal alignmentstudy. F. Meetings 1. Conduct up to six (6) statusupdate and review meetings with City. City ofDenton,TexasAttachmentA Page4 of 14 DocuSignEnvelopeID: 3B4B9F3B-IEFEdj1A0-8B37-A86322CA968B ATrACHMENTA DESIGN SERVICES FOR CLEARCREEKiFIERCEProR Task3–TOPOGRAPHICSURVEY A. DesignSurvey 1.Utility andProperty OwnerCoordination a. Coordinatewith DIG TESSandCity of Dentonto locateandmark existing Ranchiseandpublic utilities priorto performingthefield survey. b. Right-of-Entry coordination with property ownersto obtainpermissionto access privateproperty to perform the designsurvey. Design SUIvey 2. a. The limits of the topographicsurveyshall beapproximately 100-feetwide and 7.5 miles long, centeredonthe final recommendedalignmentasdictatedby Task 2 – Alignment Study. Cityof Denton,TexasAttachmentA Page5 of 14 DocuSign Envelope ID: 3B4B9F3B-1 EFE41A0-8B37-A86322CA968B ATrACHMENT A DESIGN SERVICES FOR CLEAR CREEK IFrERCErroR Task 4 – NATIONWIDE PERMITTING This task will include either the preparation of a USACE Nationwide Permit (NWP) 58 Non- Notifying Memorandum or a US ACE NWP 58 Pre-Construction Notification but not both, as follows: A.USACE NWP 58 Non-Notifying Memorandum: 1.If it appears that the proposed project could be authorized by Nationwide Permit (NWP) 58 for Utility Line Activities for Water and Other Substances without notification to the US ACE Fort Worth District, ENGINEER will add to the aquatic resources delineation report to document compliance with the applicable NWP. This scope assumes that formal US ACE notification and authorization is not required; therefore, ENGINEER will document specific project information and details and how to use the perceived applicable NWP. The report will include regulatory language for the applicable NWP with discussion of selected noteworthy General Conditions. The report will include the following information: a.Brief project description of proposed impacts to aquatic features; b.NWP 58 permit language with General Conditions; C.State Water Quality Certifications and Conditions; and d. NWP Regional Conditions for Texas. 2. Though no coordination with the USACE is proposed as part of this Task, the use of the applicable NWP constitutes compliance with appropriate Federal regulations. All NWP General and Regional Conditions and NWP terms must be met by the Client. B. USACE NWP 58 Pre-Construction Notification (PCN): 1.If it appears that the proposed project could be authorized by Nationwide Permit (NWP) 58 for Utility Line Activities for Water and Other Substances with notification to the USACE Fort Worth District, ENGINEER will prepare a pre- construction notification (PCN) package for the proposed project requiring the NWP authorization. Under this scenario, ENGINEER anticipates providing, at a minimum, the following information in the PCN document: a. b. C. d Aquatic Resources Delineation Report (prepared as part of Task 2) Project Description Purpose and Need Plan, Profile, and other CAD Drawings e. Threatened and Endangered Species information from readily available databases f Cultural Resources information from readily available databases. 2 3. Although not anticipated, the US ACE may require species specific studies for threatened and endangered species and/or cultural resources. This option is based on the ability to receive authorization under the current NWP Program (2021-2026); however, receiving authorization from the USACE is not guaranteed. This option is based on the assumption that compensatory mitigation will not be required; therefore, compensatory mitigation evaluation and assistance is City of Denton, TexasAttachment A Page 6 of 14 DocuSignEnvelope ID:3B4B9F3B-1EFEdj1A04B37-A86322CA968B ArrACHMENTA DESIGN SERVICES FOR CLEARCREEKiVrERCEPTOR not included in this scopeof work. This option doesnot include pursuing authorization under anIndividual Permit. C. USACEFieldVerificationSiteVisit: 1.It is anticipated,that theUSACE may requirea sitevisit to verify conditionsin the field. ENGINEER will attendthis sitevisit with the USACE. TheUSACE may modify the aquaticfeatureclassificationsor may requestadditional information about aquaticfeatures. ENGINEER will updatetheNWP 58PCN packagebasedonthis field sitevisit andprovide the modifications to the USACE. This taskincludesone (1) site visit with the USACE and one (1) set of anadditional information request fromtheUSACE. D. Deliverables 1. Non-notifyingmemorandumin digitalPDFfor City records;or 2. USACE Pre-constructionnotification packetin digital PDF. E. Meetings 1. Attend upto two (2) meetingswith the USACE andCity to discussthe PCNpacket and/ormeetin thefield for verification. City ofDenton, TexasAttachmentA Page7 of 14 DocuSign Envelope ID:3B4B9F3B-1EFE-41A0-8B37-A86322CA968B ArrACHMENTA DESIGNSERVICESFOR CLEARCREEKiVrERCEPTOR Task 5 – ARCHEOLOGICAL SERVICES A PhaseI intensivepedestrianarcheologicalsurvey of the proposedproject limits to identify cultural resourcesin theprojectareaandto make recommendationsbasedupontheir significance with regardto eligibilityforlistingontheNationalRegisterof HistoricPlacesNtHP) and designation asa Texas StateAntiquities Landmark (SAL). In theevent that arecommendation for NRHP or SAL eligibility cannotbemadefor asite found during the PhaseI survey,PhaseII testing may be recommendedand subsequently required by the Texas Historical Commission (THC), if the stie cannot beavoided. This scopedoesnot include any PhaseII testing or PhaseIII mitigation tasks.The PhaseI survey will include the following tasks: A. DesktopCulturalResourcesEvaluation: 1. Compile information from publicly available records/databases 2. Produce aletter report detailing the results of the records searchand presentsareview of the naturalenvironmentandcultural history of the project area,along with conclusions andrecommendations of our findings. B. PhaseI Intensive Pedestrian Survey: 1. Perform shoveltestingevery 100malong the entireroute. 2. In floodplain settings,excavatetrenchesamaximum of every200 metersto testfor deeply buried cultural resources. 3. Survey standards will meet the minimum requirements adopted by the THC (Council of Texas Archeologists 2020). 4. If archeologicalsitesarefoundduring the survey,they will berecorded. C. TechnicalReport 1. Reportwill bepreparedmeetingthe standardsof the THC (Council of Texas Archeologists2018)andpresentsareview of the naturalenvironmentandcultural history of theproject area,research design and methodology, and theresults of field investigations, as well asconclusions and recommendations of findings. D. Curation 1. Records and collected artifacts must be curated in perpetuity with an approved curatorial facility, in orderto fulfill requirementsin the TexasAntiquities Permit (TAP). A representativeof the City must sign the required curatorial paperwork. Though curation cannot be completed until the THC hasapproved the report, this task will not preventthe City from proceedingwith constructionof the project. If any artifactsarecollectedonprivate land, they will bereturnedtothe landownerattheir request E. Deliverables: 1. Desktop CulturalResourcesEvaluation in digital .PDF format. 2. CulturalResourcesTHCApplicationindigital.PDFformat. 3. Cultural ResourcesTechnical Report in digital .PDF format. Cityof Denton,TexasAttachmentA Page8of 14 DocuSign Envelope ID: 3B4B9F3B-1 EFE41A0-8B37-A86322CA968B ATrACHMENT A DESIGN SERVICES FOR CLEAR CREEK IFrERCErroR Task 6 – ESA Field Assessments and Tree Survey In accordance with the Denton Development Code Sections 2.5.5 and 7.7.4, a field assessment will be performed along the entire alignment to determine the limits of existing or unknown Environmentally Sensitive Areas (ESAs), and to prepare a tree inventory within the proposed pipeline corridor. A. ESA Field Assessments 1. Schedule and attend a pre-application conference with City staff. 2. Perform a field assessment to determine whether the official ESA map requires modifications based upon actual riparian buffer locations, water related habitat boundaries, or cross timbers upland habitat. Obtain field locations of ESA boundaries with a GPS data logger. 3. Complete applications for each parcel to refine ESA boundaries based upon field assessment and submit to City for review and comment. Prepare CAD and GIS shapefiles of proposed ESA boundaries for utilization in design drawings. 4. Respond to up to two rounds of comments from City. B. Tree Survey 1. Compile previous tree inventories (if provided by City), aerial photos, and ROW limits for use in GPS data logger. Create a Data Dictionary for GPS data logger for data collection and print paper maps and CAD drawings for field work. 2. Utilize GPS to collect tree data along a 100’ wide easement based upon the alignment established in Task 2. The data will be collected by a handheld GPS unit and will therefore be mapping grade, not survey grade. For each 6-inch and larger tree, measured in accordance with the City of Denton Tree Ordinance, the collected data will include: a. GPS coordinates (latitude and longitude in decimal degrees); b. Diameter of trunk – City of Denton standard for multiple stemmed trees; c. Species name (scientific and common); d. Tag number - Each tree with recorded data above will be physically tagged with a pre-numbered aluminum circular tag; and e. General health assessment (healthy, declining, or hazard). 3. Map and quantify existing trees in CAD drawings and shapefiles for incorporation in design drawings. 4. While Engineer will endeavor to tag and locate all trees, as described above, it may not be practicable to do so and some trees may be missed in areas of heavy tree coverage or limited access. C. Deliverables 1. ESA exhibits and application. 2. Tree inventory spreadsheet, and exhibits. D. Meetings 1.One (1) ESA Pre-application meeting. City of Denton, TexasAttachment A Page 9 of 14 DocuSign Envelope ID:3B4B9F3B-IEFE-41 A0-8B37-A86322CA968B ATTACHMENTA DESIGNSERVICESFOR CLEAR CREEKiVrERCEPTOR Task 7– ALIGNMENT REVISIONS Findings anddatacollectedfrom Tasks3,4, 5, and6 will beincorporatedinto the overall alignmentto refinethe proposedalignment. A. Alignment Revisions 1. Incorporate findings and data collected from Tasks 3, 4, 5, and 6 into alignment exhibits createdaspartof Task 2. 2. PrepareFinal alignment recommendation letter. 3. Preparefinal alignmentrecommendationexhibits including proposedeasement boundaries. B. Deliverables 1. Final alignment recommendation letter and exhibits in digital .PDF format. C. Meetings 1. One (1)meetingto review final alignment recommendationsubmittal. CityofDenton, TexasAttachmentA Page10of 14 DocuSignEnvelope ID: 3B4B9F3B-1EFE41A0-8B37-A86322CA968B ATrACHMENTA DESIGN SERVICES FOR CLEARCREEKIFrERCErroR Task 8– EASEMENT PREPARATION A. Separate Instrument EasementDescriptions 1. Based on the final alignment recommendation andproperty researchprepared and performed aspartof Tasks2 and3,Engineerwill preparelegaldescriptionsand accompanyingexhibits to beattachedto easementdocumentsprovided by the City for easementsrequired to construct and maintain the proposed interceptor. a. b- Twenty-Five (25) extra wide (50 – 100 feet) permanent easements are assumed to accommodatethe constructionof the proposedfacilities. Five (5)temporaryconstruction and/oraccesseasementsareassumedto provide accessor lay-down/storageareasto constructtheproposedinterceptor. City of Denton,TexasAttachmentA Page11 of14 DocuSign Envelope ID: 3B4B9F3B-1 EFE-41AO-8B37-A86322CA968B ArrACHMENT A DESIGN SERVICES FOR CLEAR CREEK i#rERCEPTOR Task 9 – TxDOT RULIS A.TxDOT RULIS Application 1. Prepare plan and profile Drawings of proposed Texas Department of Transportation (TxDOT) right of way crossings for the following TxDOT facilities: a. FM 428 (E Sherman Drive) b. FM 2164 (N Locust Street) 2. Prepare TxDOT Right of Way Utility and Leasing Information System (RULIS) applications for proposed crossings. 3. Respond to up to two rounds of comments on application. DeliverablesB. 1. Submit RULIS applications to City or to TxDOT on behalf of the City. City of Denton, TexasAttachment A Page 12 of 14 DocuSignEnvelopeID: 3B4B9F3B-IEFE41 A0-8B37-A86322CA968B ArrACHMENTA DESIGN SERVICES FOR CLEARCREEKivrERCEFroR Task 10– GASPIPELINE ENCROACHMENTS A.LONOExhibits 1. Prepare plan and profile sheetsindicating proposed gas pipeline crossings with proposedinterceptorto obtainlettersof no objection(LONOs) for upto six (6) gas pipeline crossings.The following crossingsareassumedto berequired: a.Atmos Energy (3 Crossings) b.Explorer Pipeline Company (1 Crossing) c.Enterprise Products (1 Crossing) d. Energy Transfer Company (1 Crossing) 2. Respond to up to two rounds of comments on submittals. DeliverablesB. C. 1. LONO drawings in digital .PDF format, Meetings 1. Upto four(4)meetings/callswith pipelineowners. City ofDenton,TexasAttachmentA Page 13of 14 DocuSign Envelope ID: 3B4B9F3B-1EFE-41A0-8B37-A86322CA968B ArrACHMENTA DESIGNSERVICESFOR CLEARCREEKIVrERCEPTOR ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPEOF SERVICES City and ENGINEER agreethat the following services arebeyond the Scope of Services describedin the tasksabove.However, ENGINEER canprovide theseservices,if needed,upon the City’s written request.Any additional amountspaid to ENGINEER asa resultof anymaterial changeto the Scopeof theProjectshallbeagreeduponin writing by bothpartiesbeforethe servicesareperformed.Theseadditional servicesinclude,but arenot limited to the following: • • • • • • • • Geotechnical Investigations Subsurface Utility Engineering Right-of-Way Acquisition Services Final design services Bidding phase services Preparationof aconditional letter of maprevision (CLOMR) andletter of map revision (LOMR) and associatedsubmittals to the City and FEMA. Revisions associatedwith development services comments beyond those indicated in the Scope of Services. Redesignto reflect project scopechangesrequestedby the CITY, required to address changed conditions or changein direction previously approved by the CITY, mandated by changing governmental laws, or necessitatedby the CITY’s acceptanceof substitutionsproposedby the contractor. Traffic Control Plan Details • • • • • • • • • • Traffic signaldesign Sidewalk design Preparation for and attendanceat public meetings beyond thoseidentified in the scope Construction managementand resident project representative services. Performanceof materialsor specialtytesting services. Performance of miscellaneousand supplemental services related to the project as requestedby the CITY Retaining wall design Traffic studiesorreports Any servicesnot listedin the Scopeof Services CityofDenton, TexasAttachmentA Page14of 14 DocuSignEnvelope ID:3B4B9F3B-1EFEdj1A04B37-A86322CA968B ArrACHMENTB COMPENSATION FOR CLEARCREEK iHrERCEPrOR ATTACHMENT "B't Compensationfor EngineeringDesignRelatedServicesfor: CLEAR CREEK INTERCEPTOR Total compensationfor the ENGINEER contemplatedunderthe termsof this agreementshall be on a lump sum basisnot-toexceed Sl,259,400 for all servicesincluding reimbursableexpenses. Progresspaymentsfor shallbepaid monthly basedonthe actualwork satisfactorilycompleted per month in eachphase,with the following amountsof the total compensationfor eachphaseof theProject: • • • • • • • • • Task 1– DesignManagement Task2 – Alignment Study Task 3– Topographic Survey Task4 –Nationwide Permitting Task5 –ArcheologicalServices Task6 – ESAField AssessmentsandTreeSurvey Task7 –Alignment Revisions Task8 – EasementPreparation Task9 – TxDOT RULIS Task 10– GasPipeline Encroachments $ 33,900 $336,000 $3 19,200 $ 40,100 $191,200 $99,800 $73,300 S 60,900 $30,000 $ 75,000 Grand Total $ 1,259,400 ENGINEER will not exceedthe total maximum fee shownwithout authorizationfrom the CITY Individual taskamountsareprovided for budgeting purposesonly. ENGINEER reservesthe right to reallocate amounts among tasks asnecessary. All permitting, application, andsimilar project feeswill bepaid directly by the CITY Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. City ofDenton, TexasAttachmentB Page1of 1 DocuSign Envelope ID:3B4B9F3B-1EFE-41A0-8B37-A86322CA968B CONFLICTOFINTERESTQUESTIONNAIRE - For vendor or other person doing business with local governmental entit' This questionnairereflects changesmadeto the law by H.B.23,84th Leg.,Regular Session. FORMCIQ This questionnaire is beingfiled inaccordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a)with a localgovernmentalentityand the vendormeets requirementsunder Section 176.006(a)and by Cityof Denton Ethics Code, Ordinance 18-757 By law this questionnairemust be filed with the recordsadministrator ofthe localgovernmententity not later than the 7th business day after thI datethe vendorbecomesawareoffacts that requirethe statementto be filed. See Section 176.006(a-1),LocalGovernment Code. A vendor commits an offense if the vendor knowinglyviolates Section 176.006, Local Government Code.misdemeanor.aM An offenseunder this sectionis a Klmley-Horn andAssoclates , Inc 2 [X] Checkthis boxif you are filing an updateto a previously filed questionnaire. (Thelaw requiresthat youfile an updatedcompleted questionnairewith the appropriatefiling authority not later than the 7thbusinessday afterthe dateonwhich you becameawarethat theoriginallyfiled questionnairewas incompleteor inaccurate.) d Name oflocalgovernment officer about whom the information in this section is beingdisclosed. John AtkIns Nameof Officer Describeeachemploymentorother businessrelationship with the local government officer, ora family memberof the officer, asdescribed by Section 176.003(a)(2)(A). Also describeany family relations hip with the local government officer. This section, (item 3 including subpartsA, B, C & D), mustbe completedfor eachofficer with whom the vendorhasanemployment or other businessrelationship asdefinedby Section 176.001(1-a), Local Government Code Attachadditionalpagesto thisFormCIQ asnecessary. A.Is thelocalgovernmentofficer namedin thissectionreceivingor likely toreceivetaxableincome,otherthaninvestmentincome,from the vendor?=„”m .,. B. Is the vendorreceiving or likely to receive taxableincome, other than investment income, from or at the direction of the local government officer namedin this sectionAND the taxable income is not receivedfrom the local governmental entity?n Yes m No C. Is the filer of thisquestionnaireemployed by acorporation orother businessentity with respectto which the local governmentofficer servesasan officer or director, or holds anownership of onepercentor more? El Yes m No D. Describeeachemploymentor businessandfamily relationship with the local governmentofficer namedin this section N/A 4 5 Ld 1have no Conflict of Interest to disclose. DocuSignedby: Ah atkiM &gnatIMWMEa7)iI 4/30/2024 :inesswith the governmental entity Date DocuSignEnvelope ID: 3B4B9F3B-1EFE41A0-8B37-A86322CA968B CONFLICT OFINTERESTQUESTIONNAIRE For vendor doing businesswith local governmental entity Acomplete copyof Chapter 176ofthe Local Government Codemay befound athttp://www.statutes.legis.state.a.us/ Docs/LG/htm/LG 176.htm. For easy reference, below aresomeof thesectionscited onthis form. Local Government Code $176.001(1-a): "Business relationship" meansaconnection betweentwo or more parties basedon commercial activity of oneofthe parties. The termdoesnot include aconnection basedon: (A) atransaction thatis subjecttorateor feeregulation by afederal, state,or local governmental entity oran agency ofa federal, state,or local governmentalentity; (B) atransaction conducted ataprice and subject toterms available to thepublic; or (C) apurchaseor leaseof goodsor servicesfrom apersonthatischarteredby astateor federal agencyandthat is subject toregular examination by, andreportingto,thatagency. Local Government Code$176.003(a){2){A)and(B): (A) Alocal governmentofficer shall file aconflicts disclosure statementwith respectto avendor ie (2) thevendor: (A) hasanemployment or otherbusinessrelationship with thelocal government officer or a family member of the officer that results in theofficer or family member receiving taxable income, other than investment income, that exceeds52,500 during the 12-month period preceding thedatethattheofficer becomesawarethat (i) acontIact betweenthelocal governmental entity andvendor hasbeenexecuted;or (ii) the local govemmentalentity is considering entering into a contractwith the vaKkn (B) hasgiventothelocal governmentomcer ora family memberofthe oEEceroneor moregifts thathaveanaggregatevalueofmore than$100 in the12-monthperiodpreceding thedatetheofficer becomesawarethat: (i) acontract between the local governmental entity andvendor hasbeen executed; or (ii) the local govemmental entity is considering entering into acontract with thevendor. Local Government Code $176.006(a)and(a-1) (a) Avendor shall file acompleted conflictofinterest questionnaire if thevendor hasabusinessrelationship with alocal governmental entity and (1) hasanemployment orother businessrelationship with alocal government officer of thatlocal governmental entity,orafamily member ofthe officer, describedby Section 176.003(a)(2)(A); (2) has given alocal government officer of that local governmental entity, or afamily member of the omcer, oneor moregifts with the aggregatevaluespecifiedby Section 176.003(a)(2)(B),excluding anygift describedby Section 176.003(a-1);or (3) hasafamily relationshipwith alocal governmentofficer of thatlocal governmentalentity. (a-1) The completedconflict of interestquestionnairemust befiled with theappropriate recordsadministrator notlater thantheseventhbusiness day after thelaterof: (1) the datethatthevendor (A) begins discussionsor negotiations to enter into acontract with the local governmental entity; or (B) submitstothelocal governmentalentityanapplication, responsetoarequestforproposalsor bids, correspondence,or another writing related to apotential contract with the local govemmentalentity; or (2) thedatethevendor becomesaware (A) of an employmentor other businessrelationship with a local governmentofficer, or a family memberof the officer, describedby Subsection(a); (B) thatthevendor hasgiven oneor moregifts describedby Subsection(a); or (C) of afamilyrelationshipwith alocal governmentoaicer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family memberrelated to a City Official within thethird 3d degreeof affinity (marriage) or consanguinity rblood or adoption) City Official: for purposeof this article, theterm consistsof theCouncil Members, Department Heads,or memberof the Board of Ethics, Planning and zoning Commission Members, Boardof Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: aperson who provides or seeksto provide goods, services,and/orreal property to theCity in exchangefor compensation. This definition doesnot include thoseproperty owners from whom theCity acquires public right4f-way or other realproperty interests for public use, PertheCity of Denton Ethics Code, Section2-273. – Prohibitions (3) it shall beaviolation of thisArticle for a Vendorto offer orgivea Gift to City Official exceedingfifty dollars($50.00)pergift, or multiplegift cumulatively valued atmore thantwo hundreddollars ($200.00)per a single fiscal year. Perthe City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If theBoard of Ethics finds that aVendor hasviolated this Article, theBoard may recommend to theCity Manager that theVendor be deemed ineligible to enter into aCity contract or other arrangementfor goods,services,or realproperty, for aperiod of one(1) year. 'orm provided byTexasEthics Commission www. ethics .state.tx .us Revised11/30/2015 [k>cuSign Certificate OfCompletion Envelope Id: 3B4B9F3BIEFE4 IA08B37A86322CA968B Subject: PleaseDocuSign:City CouncilContract8213-001Clear Creek InterceptorPSA Status:Completed SourceEnvelope: DocumentPages:36 Signatures:6 CertificatePages:6 Initials:1 Envelope Originator: Erica Garcia AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901BTexas Street Denton,TX76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 4/29/2024 8:31:03 AM Holder: Erica Garcia erica.garcia@cityofdenton.com Location:DocuSign Signer Events EricaGarcia erica.garcia@cityofdenton.com SeniorBuyer Cityof Denton SecurityLevel: Email,AccountAuthentication (None) Electronic Recordand SignatureDisclosure: NotOfferedvia DocuSign Signature Timestamp Sent:4/29/20248:35:28AM Viewed:4/29/20248:35:48 AM Signed:4/29/20248:36:53AM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent:4/29/20248:36:57AM Viewed:4/29/20249:54:29AM Signed: 4/29/20249:55:26 AM SignatureAdoption: Pre-selectedStyle Using IPAddress: 198.49.140.10 ElectronicRecordand SignatureDisclosure: NotOfferedviaDocuSign Marcella Lunn marcella.lunn@cityofdenton.com Senior Deputy CityAttorney City of Denton Security Level: Email,Account Authentication (None) 'Docu$ign8d brp IMartlthtBbb '4B070831B4AM38 Sent:4/29/20249:55:30AM Viewed:4/29/20241:19:08PM Signed: 4/29/20241:27:18 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Recordand SignatureDisclosure: Not Offered via DocuSign John Atkins john.atkins@kimley-horn .com Vice President Security Level: Email,Account Authentication (None) Sent:4/29/20241:27:21 PM Viewed:4/30/20247:45:35AM Signed: 4/30/2024 7:46:41 AM SignatureAdoption: Pre-selectedStyle UsingIPAddress: 130.41.174.193 Electronic RecordandSignatureDisclosure: Accepted: 4/30/2024 7:45:35 AMID:38888f8d-9274-+adf-9271-abe59dc77708 Signer Events StevenGay stephen.gay@cityofdenton.com Director, WaterUtlilities Security Level:Email, AccountAuthentication (None) Signature Timestamp Sent:4/30/20247:46:aAM Viewed:4/30/20248:19:21AM Signed: 4/30/20248:40:40AM SignatureAdoption:Pre-selectedStyle UsingIPAddress: 198.49.140.10 Electronic Recordand SignatureDisclosure: Accepted:4/30/20248:19:21AMID:26e61aa8-81f34c6f-adaIJL7a47cf5147e Lori Hewell lori.hewell@cityofdenton.com PurchasingManager Cityof Denton SecurityLevel: Email,AccountAuthentication(None) ElectronIcRecordand SignatureDisclosure: NotOfferedvia DocuSign Completed Sent:4/30/20248:40:43AM Resent: 6/5/2024 8:51:10 AM Viewed:6/5/20248:56:21AM Signed: 6/5/20248:57:08AM UsingIP Address:198.49.140.10 SaraHensley sara.hensley@cityofdenton.com CityManager Cityof Denton Security Level: Email,AccountAuthentication (None) 'Docu$1gn•dbr I SMA H++tV .5236DB296270423. Sent:6/5/20248:57:11AM Viewed:6/5/2024 9:33:35AM Signed:6/5/20249:33:42AM SignatureAdoption: Pre-selectedStyle UsingIPAddress:47.190.47.120 Signedusingmobile ElectronicRecordand SignatureDisclosure: NotOfferedvia DocuSign Lauren Thoden lauren.thoden@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Sent:6/5/2024 9:33:46AM Viewed:6/5/20242:03:25 PM Signed: 6/5/20242:03:44 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Recordand SignatureDisclosure: NotOfferedvia DocuSign In Person Signer Events Signature Status Timestamp Editor DeliveryEvents Timestamp Agent DeliveryEvents Status Timestamp Intermediary Delivery Events Status Timestamp Certified DeliveryEvents Status Status Timestamp CarbonCopy Events Timestamp Sent:4/29/20248:36:57AMCheyenneDefee cheyenne.defee@cityofdenton.com ProcurementAdministrationSupervisor Cityof Denton SecurityLevel: Email,AccountAuthentication (None) Electronic Recordand SignatureDisclosure: NotOfferedvia DocuSign CarbonCopy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) ElectronicRecordand SignatureDisclosure: Not Offered via DocuSign Status Timestamp Sent:4/30/20248:40:44AM Viewed: 5/2/2024 10:51:24 AM CitySecretaryOffice citysecretary@cityofdenton.com SecurityLevel:Email,AccountAuthentication (None) ElectronicRecordand SignatureDisclosure: NotOfferedvia DocuSign Sent:6/5/20242:03:47 PM Viewed:6/5/2024 2:46:52PM Witness Events Signature Timestamp NotaryEvents Signature Timestamp EnvelopeSummaryEvents EnvelopeSent EnvelopeUpdated EnvelopeUpdated CertifiedDelivered SigningComplete Completed Status Timestamps 4/29/20248:35:28AM 6/5/2024 8:51:09 AM 6/5/2024 8:51:09 AM 6/5/2024 2:03:25 PM 6/5/2024 2:03:44 PM 6/5/2024 2:03:47 PM Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked PaymentEvents Status Timestamps Electronic Record andSignature Disclosure ElectronicRecordand Signature Disclosurecreatedon: 7/21/20173:59:03PM Partiesagreedto: John Atkins,Steven Gay ELECTRONIC RECORDAND SIGNATUREDISCLOSURE From time to time, City of Denton (we, usor Company)may berequiredby law to provide to you certain written notices or disclosures.Described below arethe terms andconditions for providing to you suchnoticesanddisclosureselectronicallythroughyour DocuSign, Inc. (DocuSign)Expressuseraccount.Pleasereadtheinformation below carefully andthoroughly, andif you canaccessthis information electronically to your satisfactionandagreeto theseterms and conditions, pleaseconfirm your agreementby clicking the 'I agree'button at the bottom of this document. Getting paper copies At anytime, you may requestfrom us apaper copy of anyrecord provided or madeavailable electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign systemyou will havetheability to downloadandprint anydocumentswe sendto you through yourDocuSign useraccountfor alimited period of time (usually30days)aftersuch documentsarefirst sentto you. After suchtime,if you wish for usto sendyou papercopiesof anysuchdocuments from our office to you, you will be chargeda $0.00 per-pagefee. You may requestdelivery of suchpaper copies from us by following the procedure describedbelow. Withdrawing your consent If you decidetoreceivenoticesanddisclosuresfrom us electronically, you mayat anytime changeyour mind andtell usthat thereafteryou want to receive required notices and disclosures only in paperformat. How you mustinform usof your decisionto receivefuturenoticesand disclosure in paper format andwithdraw your consent to receive notices and disclosures electronicallyis describedbelow. Consequencesof changingyour mind If you electto receiverequirednoticesanddisclosuresonly in paperformat, it will slow the speedat which we can complete certain steps in transactions with you and delivering services to you becausewe will needfirst to sendtherequirednoticesor disclosuresto you in paperformat, and thenwait until we receive back from you your acknowledgment of your receipt of such papernotices or disclosures.To indicate to usthat you arechanging your mind, you must withdraw your consentusingtheDocuSign 'Withdraw Consent'form onthe signingpageof your DocuSign account.This will indicateto usthatyou havewithdrawn your consentto receive required notices anddisclosures electronically from us andyou will no longer be able to useyour DocuSign Expressuser account to receive required notices and consentselectronically from us or to signelectronicallydocumentsfrom us. All noticesand disclosureswill be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronicallyto you throughyour DocuSignuseraccountall requirednotices,disclosures, authorizations, acknowledgements,and other documentsthat arerequired to beprovided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertentlynotreceivingany noticeor disclosure,we preferto provide all of therequired noticesanddisclosuresto you by the samemethodandto the sameaddressthatyou havegiven us.Thus, you canreceive all the disclosures andnotices electronically or in paper format through thepapermail delivery system.If you do not agreewith thisprocess,pleaselet usknow as describedbelow. Pleasealso seethe paragraphimmediately above that describesthe consequencesof your electingnotto receivedelivery of thenoticesanddisclosures electronicallyfrom us. How to contact City of Denton: You maycontactusto let usknow of yourchangesasto how we maycontactyou electronically, torequestpapercopiesof certaininformation from us,andto withdraw your prior consentto receive notices anddisclosureselectronically asfollows: To contactus by email sendmessagesto: purchasing@cityofdenton.com ToadviseCity of Dentonofyour newe-mailaddress Tolet usknow of achangein your e-mail addresswherewe shouldsendnoticesanddisclosures electronicallyto you, you mustsendanemail messageto us atmelissa.kraft@cityofdenton.com andin thebodyof suchrequestyou muststate:your previouse-mail address,your newe-mail address.We do notrequireanyotherinformation from you to changeyour email address.. In addition,you mustnotify DocuSign,Inc to arrangefor your new email addressto bereflected in yourDocuSignaccountby following the processfor changinge-mailin DocuSign. To requestpaper copiesfrom City of Denton To requestdelivery from usof papercopiesof thenoticesanddisclosurespreviously provided by usto you electronically,you mustsendus ane-mailto purchasing@cityofdenton.comandin the body of suchrequest you must state your e-mail address, full name, US Postal address, and telephonenumber.We will bill you for any feesatthat time,if any. To withdrawyour consentwith City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic formatyoumay: i. decline to sign a documentfrom within your DocuSign account, and on the subsequent page,selectthe check-box indicating you wish to withdraw your consent, or you may; ii. sendusan e-mail to purchasing@cityofdenton.com and in the body of suchrequestyou must stateyour e-mail, full name,IS Postal Address, telephonenumber, andaccount number.We donot needanyotherinformation from you to withdraw consent.. The consequencesof your withdrawing consentfor online documentswill bethat transactions may take a longer time to process.. Required hardware and software ODeratingSystems Browsers (for SENDERS Browsers (for SIGNERS): Windows2000?or WindowsXP? InternetExplorer6.0?or above me letExplorer6.0?,Mozilla FireFox 1.0 7.2 (or above) NetSca Access to a valid email account x Email ScreenResolution EnabledSecuritySettings •Allow persessioncookies •Users accessingthe internet behind a Proxy Server must enableHmp 1.1 settings via oxy connection ## These minimum requirements are subject to change. If theserequirements change, we will provideyou with anemailmessageatthe email addresswe haveon file for you at that time providing you with therevised hardware and software requirements,at which time you will havethe 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. Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance "% ## $$ !% $ #%"$ ! !% $ $ 8213-001 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 8213-001 THE STATE OF TEXAS § COUNTY OF DENTON § THIS FIRST AMENDMENT TO CONTRACT 8213-001 (“Amendment”) by and between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc., (“Engineer”); to that certain contract executed on June 4, 2024, in the original not-to- exceed amount of $1,259,400 (the “Agreement”); for services related to Clear Creek Interceptor 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 $1,590,800 with this Amendment for an aggregate not-to-exceed amount of $2,850,200; 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 Clear Creek Interceptor 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 $1,590,800. 2. This Amendment modifies the Agreement amount to provide an additional $1,590,800 for the additional services with a revised aggregate not to exceed total of $2,850,200 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. 8213-001 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: _________________________________ AUTHORIZED SIGNOR, TITLE ATTEST: “Engineer” KIMLEY-HORN AND ASSOCIATES, INC. By: _________________________________ AUTHORIZED SIGNOR, TITLE _____________________________ LAUREN THODEN, CITY SECRETARY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT APPROVED AS TO FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ ! ! $PHQGPHQW1R &OHDU&UHHN,QWHUFHSWRU 6HSWHPEHU RI AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES 3URIHVVLRQDO6HUYLFHV$JUHHPHQW CLEAR CREEK INTERCEPTOR Amendment Scope of Services 7KLVLV$PHQGPHQW1XPEHUWRWKH3URIHVVLRQDO6HUYLFH$JUHHPHQW EHWZHHQ .LPOH\+RUQDQG$VVRFLDWHV,QF (1*,1((5 DQGWKH&LW\RI'HQWRQ &LW\ H[HFXWHGRQ-XQH Scope of Services 7KH&OHDU&UHHN%DVLQFRQWLQXHVWRVHHDKLJKYROXPHRIGHYHORSPHQWLQWHUHVW,QRUGHUWRSURYLGH ZDVWHZDWHUVHUYLFHWRWKLVJURZLQJDUHDRIWKH&LW\WKHUHLVDQHHGWRFRQWLQXHZLWKDGGLWLRQDO HQJLQHHULQJGHVLJQDQGHDVHPHQWDFTXLVLWLRQVHUYLFHV7KH&,7<KDVUHTXHVWHGWKDWWKH (1*,1((5SHUIRUPWKHIROORZLQJDGGLWLRQDOVHUYLFHV Task 1 – DESIGN MANAGEMENT A. Project Management 'HYHORSSURMHFWFRPPXQLFDWLRQSODQ D 3UHSDUHDQGHPDLOSURJUHVVUHSRUWVWRWKHSURMHFWWHDPRQFHDPRQWKWREH LQFOXGHGZLWKLQYRLFHVDGGLWLRQDOPRQWKVLVDVVXPHG E 3UHSDUHSURMHFWVFKHGXOHDQGSURYLGHVFKHGXOHXSGDWHVLIWKHVFKHGXOHFKDQJHV 6XEFRQVXOWDQW$JUHHPHQW3UHSDUDWLRQ D 3UHSDUHDQGH[HFXWHXSWRWKUHHDGGLWLRQDO VXEFRQVXOWDQWDJUHHPHQWV Task 3 – TOPOGRAPHIC SURVEY A. Design Survey 'HVLJQ6XUYH\ D 3URYLGHDGGLWLRQDOWRSRJUDSKLFVXUYH\IRUDQDGGLWLRQDOIHHWRQWKH &LW\RZQHGSURSHUW\ Task 11 – PRELIMINARY DESIGN A. Preliminary Sewer Design 1. Geotechnical Engineering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¶V DGPLQLVWUDWLYHFRQYHQLHQFHDQG(QJLQHHULVQRWUHVSRQVLEOHIRUWKHVH VHUYLFHV7KLVWDVNFRPSHQVDWHV(QJLQHHUIRUWKHODERUQHFHVVDU\WR DGPLQLVWHUWKH*HRWHFKQLFDO(QJLQHHU¶VFRQWUDFW8SRQUHFHLSWRI SD\PHQW(QJLQHHUZLOOSD\WKH*HRWHFKQLFDO&RQVXOWDQWRQ&LW\¶VEHKDOI &LW\DFNQRZOHGJHVWKDW(QJLQHHUZLOOQRWEHUHYLHZLQJWKHZRUNSURGXFW RIWKH*HRWHFKQLFDO(QJLQHHUDQGZLOOQRWEHOLDEOHIRULWLQDQ\ZD\,I WKH&LW\KDVDQ\IXWXUHFODLPUHODWHGWRWKHVHVHUYLFHV&LW\ZLOOSXUVXHWKH *HRWHFKQLFDO(QJLQHHUGLUHFWO\DQGQRW(QJLQHHU 2. Subsurface Utility Engineering (SUE) D/HYHO$LQYHVWLJDWLRQRIH[LVWLQJZDWHUOLQHFRQQHFWLRQSRLQWDQG SRWHQWLDOFURVVLQJXWLOLWLHV7KH/HYHO$LQYHVWLJDWLRQVKDOOFRQVLVWRI SHUIRUPLQJXSWRWKLUWHHQ OHYHO$WHVWKROHVRU³ORFDWHV´RIH[LVWLQJ XWLOLWLHV7KH/HYHO$LQYHVWLJDWLRQZLOOEHFRQGXFWHGLQDFFRUGDQFHZLWK $6&(SXEOLFDWLRQ&,$6&(DQGLQFOXGHWKHORFDWLRQRIVDLGXWLOLW\ LQWKUHHGLPHQVLRQVREWDLQHGWKURXJKQRQGHVWUXFWLYHJHRSK\VLFDO PHWKRGV E/HYHO%LQYHVWLJDWLRQWREHSHUIRUPHGIRUWKUHH 7['27&RXQW\URDG FURVVLQJV F/HYHO&'IRUWKHHQWLUHFRUULGRU 3. Preliminary Sanitary Sewer Line Design D9LVLWWKHVLWHWRSHUIRUPILHOGYHULILFDWLRQRIWKHVXUYH\ EXHIBIT A $PHQGPHQW1R &OHDU&UHHN,QWHUFHSWRU 6HSWHPEHU RI E3UHOLPLQDU\SODQDQGSURILOHGUDZLQJVSUHSDUDWLRQIRUDSSUR[LPDWHO\ OLQHDUIHHWRILQFKWKURXJKLQFKJUDYLW\VDQLWDU\VHZHUOLQH D 3UHSDUH ´[´ SODQDQGSURILOHGUDZLQJVDW´ ¶KRUL]RQWDO DQG´ ¶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¶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¶VPHWKRGVRIGHWHUPLQLQJ SULFHVRURYHUFRPSHWLWLYHELGGLQJRUPDUNHWFRQGLWLRQV2SLQLRQV RISUREDEOHFRVWVSURYLGHGKHUHLQDUHEDVHGRQWKHLQIRUPDWLRQ NQRZQWR(1*,1((5DWWKLVWLPHDQGUHSUHVHQWRQO\WKH (1*,1((5¶VMXGJPHQWDVDGHVLJQSURIHVVLRQDOIDPLOLDUZLWKWKH FRQVWUXFWLRQLQGXVWU\7KH(1*,1((5FDQQRWDQGGRHVQRW JXDUDQWHHWKDWSURSRVDOVELGVRUDFWXDOFRQVWUXFWLRQFRVWVZLOO QRWYDU\IURPLWVRSLQLRQVRISUREDEOHFRVWV B. Deliverables 3UHOLPLQDU\GHVLJQVXEPLWWDO D6XEPLWIRXU FRSLHVWR&LW\IRUUHYLHZDQGFRPPHQW E6XEPLWWDOVKDOOLQFOXGHWKHIROORZLQJ D 3UHOLPLQDU\GHVLJQSODQV ´[´ E 3UHOLPLQDU\WHFKQLFDOVSHFLILFDWLRQV WDEOHRIFRQWHQWV F *HRWHFKUHSRUW G 2SLQLRQRISUREDEOHFRQVWUXFWLRQFRVW F6XEPLWWR7&(4IRUUHYLHZ G6XEPLWWR'HQWRQ&RXQW\IRUUHYLHZ 2. Meetings D$WWHQGRQH PHHWLQJZLWK&LW\WRNLFNRIISUHOLPLQDU\GHVLJQ E$WWHQGRQH PHHWLQJZLWK&LW\WRSUHVHQWDQGUHYLHZWKHSUHOLPLQDU\ GHVLJQVXEPLWWDO Task 12 – FINAL DESIGN A. Final Sanitary Sewer Design ,QFRUSRUDWHWKHSUHOLPLQDU\GHVLJQVXEPLWWDOUHYLHZFRPPHQWV RQH URXQGRI FRPPHQWVLVDQWLFLSDWHGLQSURSRVHGHIIRUW 3UHSDUHXSGDWHGRSLQLRQRISUREDEOHFRQVWUXFWLRQFRVW D 7KH(1*,1((5KDVQRFRQWURORYHUWKHFRVWRIODERUPDWHULDOV HTXLSPHQWRURYHUWKH&RQWUDFWRU¶VPHWKRGVRIGHWHUPLQLQJSULFHVRURYHU FRPSHWLWLYHELGGLQJRUPDUNHWFRQGLWLRQV2SLQLRQVRISUREDEOHFRVWV SURYLGHGKHUHLQDUHEDVHGRQWKHLQIRUPDWLRQNQRZQWR(1*,1((5DW WKLVWLPHDQGUHSUHVHQWRQO\WKH(1*,1((5¶VMXGJPHQWDVDGHVLJQ SURIHVVLRQDOIDPLOLDUZLWKWKHFRQVWUXFWLRQLQGXVWU\7KH(1*,1((5 FDQQRWDQGGRHVQRWJXDUDQWHHWKDWSURSRVDOVELGVRUDFWXDOFRQVWUXFWLRQ FRVWVZLOOQRWYDU\IURPLWVRSLQLRQVRISUREDEOHFRVWV ,QFRUSRUDWHIUDQFKLVHXWLOLW\LQYHVWLJDWLRQLQIRUPDWLRQ ,QFRUSRUDWHGHWDLOVDQGWHFKQLFDOVSHFLILFDWLRQV EXHIBIT A $PHQGPHQW1R &OHDU&UHHN,QWHUFHSWRU 6HSWHPEHU RI 3UHSDUHVXUIDFHUHSDLUVKHHWVDQGGHWDLOVDVQHFHVVDU\ 3UHSDUH3URMHFW0DQXDOXVLQJ&LW\6WDQGDUG&RQVWUXFWLRQ&RQWUDFW'RFXPHQWV B. Deliverables: )LQDO'HVLJQ6XEPLWWDO D 6XEPLWIRXU FRSLHVWRWKH&LW\IRUUHYLHZDQGFRPPHQW E 6XEPLWWDOVKDOOLQFOXGHWKHIROORZLQJ L )LQDOGHVLJQGUDZLQJV LL )LQDOGHVLJQSURMHFWPDQXDO LLL 2SLQLRQRISUREDEOHFRQVWUXFWLRQFRVW C. Meetings 2QH PHHWLQJZLWK&LW\WRUHYLHZ)LQDO'HVLJQ6XEPLWWDO Task 13 – BID PHASE SERVICES A. Bid Phase Services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ask 14 – EASEMENT ACQUISTION SERVICES A. Easement Acquisition Services (1*,1((5ZLOOFRRUGLQDWHZLWKWKH5HDO(VWDWH$JHQWWRDLGLQSURSHUW\DFTXLVLWLRQ VHUYLFHVIRUXSWRWZHQW\ KRXUVSHUSDUFHO EXHIBIT A $PHQGPHQW1R &OHDU&UHHN,QWHUFHSWRU 6HSWHPEHU RI (1*,1((5ZLOOSHUIRUPWKHIROORZLQJVHUYLFHVIRUWKLVWDVN (1*,1((5¶V5HDO(VWDWH$JHQWVKDOOSURYLGHDSSUDLVDOVIRUSURSRVHGHDVHPHQWV RQXSWRHOHYHQ SDUFHOVIRUWKHSURSRVHGOLQHV$SSUDLVDOVZLOOEHDSSURYHGE\ WKH&LW\SULRUWREHJLQQLQJQHJRWLDWLRQVZLWKSURSHUW\RZQHUV7KHDSSUDLVDOVZLOO EHSUHSDUHGE\6WDWH&HUWLILHG$SSUDLVHUVLQDFFRUGDQFHZLWKWKH8QLIRUP 6WDQGDUGVRI3URIHVVLRQDO$SSUDLVDO3UDFWLFH$FW 863$3 7KHDSSUDLVDOVZLOOEH VXLWDEOHIRUXVHLQFRQGHPQDWLRQSURFHHGLQJVLIQHFHVVDU\ 3URYLGHSURSHUW\QHJRWLDWLRQVHUYLFHVIRUXSWRHOHYHQ SDUFHOVIRUWKH SURSRVHGOLQHDVIROORZV D 7KHRIIHUWRSXUFKDVHWKHSURSHUWLHVZLOOEHEDVHGRQWKHDSS UDLVDOVDVLQGLFDWHG DERYH7KH&LW\ZLOOHVWDEOLVKWKHYDOXHWREHXVHGLQQHJRWLDWLRQDQGWKHUDQJH RIQHJRWLDWLQJDXWKRULW\WREHJLYHQWRWKHULJKWRIZD\DJHQW(1*,1((5¶V 5HDO(VWDWH$JHQWZLOOSURYLGHWKHVHUYLFHVRITXDOLILHGULJKWRIZD\DJHQWVWR VHFXUHWKHUHTXLUHGULJKWRIZD\IRUWKHSURMHFW7KHULJKWRIZD\DJHQWVZLOO SURYLGHHDFKSURSHUW\RZQHUDFRS\RI7KH7H[DV/DQGRZQHU%LOORI5LJKWV EXWZLOO127EHUHTXLUHGWRSURYLGHQHJRWLDWLRQVHUYLFHVXQGHUWKH8QLIRUP 5HORFDWLRQDQG$FTXLVLWLRQ$FW 8QLIRUP$FW E (1*,1((5¶V5HDO(VWDWH$JHQWZLOOQHJRWLDWHRQEHKDOIRIWKH&LW\DQGXWLOL]H FRQYH\DQFHGRFXPHQWVDQGRWKHUQHFHVVDU\IRUPVDVSUHVFULEHGE\WKH&LW\ (1*,1((5¶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¶VVHUYLFHVZLOOEH FRQVLGHUHGDGGLWLRQDOVHUYLFHV F 7KHLQLWLDORIIHUPDGHWRWKHSURSHUW\RZQHUZLOOEHEDVHGRQWKHYDOXH DXWKRUL]HGE\WKH&LW\$OOFRXQWHURIIHUVE\WKHSURSHUW\RZQHUDORQJZLWK (1*,1((5¶V5HDO(VWDWH$JHQWUHFRPPHQGDWLRQVZLOOEHSUHVHQWHGWRWKH &LW\IRUFRQVLGHUDWLRQ7KH&LW\PXVWHVWDEOLVKDQGUHFRPPHQGVXFKFRXQWHU RIIHUVEHIRUH(1*,1((5¶V5HDO(VWDWH$JHQWZLOOEHDXWKRUL]HGWRDJUHHWR WKHUHTXHVWHGFKDQJHV$OOPRQHWDU\RIIHUVPDGHWRWKHSURSHUW\RZQHUVZLOOEH ZLWKLQWKHOLPLWVDXWKRUL]HGE\WKH&LW\LQWKHYDULRXVVWDJHVRIWKHQHJRWLDWLRQ G $IWHUUHDFKLQJDQDJUHHPHQWZLWKWKHODQGRZQHURQWKHFRQVLGHUDWLRQDQGDOO RWKHUWHUPVRIWKHWUDQVDFWLRQ(1*,1((5¶V5HDO(VWDWH$JHQWZLOOIRUZDUGWR WKH&LW\D0HPRUDQGXPRI$JUHHPHQW 0$ H[HFXWHGE\WKHSURSHUW\RZQHU WREHUDWLILHGE\WKH&LW\7KLV0$VHWVIRUWKWKHFRPSHQVDWLRQDQGDQ\RWKHU WHUPVDQGFRQGLWLRQVDJUHHGXSRQ7KH&LW\ZLOOEHUHVSRQVLEOHIRUREWDLQLQJ WKH&LW\¶VUDWLILFDWLRQDQGIRUUHWXUQLQJWKHUDWLILHG0$WR(1*,1((5¶V5HDO (VWDWH$JHQW(1*,1((5¶V5HDO(VWDWH$JHQWZLOOWKHQLQIRUPWKH7LWOH &RPSDQ\WKDWWKHSDUFHOLVUHDG\IRUFORVLQJ EXHIBIT A $PHQGPHQW1R &OHDU&UHHN,QWHUFHSWRU 6HSWHPEHU RI (1*,1((5¶V5HDO(VWDWH$JHQWZLOOFRRUGLQDWHFRQWDFWVZLWKWKH&,7<WRGHOLYHU DQ\SD\PHQWVWRWKH7LWOH&RPSDQ\SULRUWRFORVLQJ 7KLV6FRSHRI6HUYLFHVDVVXPHVWKDWFRVWVIRU7LWOH&RPPLWPHQWV7LWOH3ROLFLHV DQGUHFRUGLQJIHHVZLOOEHSXUFKDVHGE\WKH&LW\WKURXJKWKHDVVLVWDQFHRIWKH5HDO (VWDWH$JHQW7KHDPRXQWSDLGIRUWKH7LWOH3ROLFLHVZLOOQRWH[FHHGSUHPLXP DPRXQWVVHWE\WKH7H[DV'HSDUWPHQWRI,QVXUDQFHDQGDJUHHGXSRQLQDGYDQFH EHWZHHQWKH&LW\DQGWKH7LWOH&RPSDQ\$Q\DGGLWLRQDO7LWOH&RPSDQ\VHUYLFHV VXFKDVUHFRUGLQJIHHVVKDOOEHDJUHHGXSRQLQDGYDQFHEHWZHHQWKH&LW\DQGWKH 7LWOH&RPSDQ\(1*,1((5¶V5HDO(VWDWH$JHQWZLOOUHYLHZOLHQVRURWKHU H[FHSWLRQVUHSRUWHGLQWKH7LWOH&RPPLWPHQW(1*,1((5ZLOOFRRUGLQDWHWKH ORFDWLRQDQGWKHHIIHFWRIDQ\XWLOLW\HDVHPHQWV(1*,1((5ZLOOUHSRUWWKHUHVXOWV RIWKH7LWOH&RPPLWPHQWWRWKH&LW\UHFRPPHQGLQJWKHGLVSRVLWLRQRIWKH H[FHSWLRQV7KHGHFLVLRQZKHWKHUWKHUHSRUWHGH[FHSWLRQVDUHDFFHSWDEOHRUPXVW EHHOLPLQDWHGZLOOEHWKHUHVSRQVLELOLW\RIWKH&LW\$Q\DFWLRQUHTXLUHGWRFOHDU WLWOHLVQRWLQFOXGHGLQWKH6FRSHRI:RUNIRUWKLVSURMHFWDQGLIUHTXLUHGZLOOEH FRQVLGHUHG$GGLWLRQDO6HUYLFHV (1*,1((5¶V5HDO(VWDWH$JHQWZLOOFRRUGLQDWHDQGDWWHQGDOOFORVLQJVDWWKH 7LWOH&RPSDQ\ (1*,1((5¶V5HDO(VWDWH$JHQWZLOOFRQILUPWKDWWKH7LWOH&RPSDQ\UHFRUGVDOO GRFXPHQWVDWWKH'HQWRQ&RXQW\&RXUWKRXVHDIWHUFORVLQJ (1*,1((5¶V5HDO(VWDWH$JHQWZLOOFRQILUPWKDWWKH7LWOH&RPSDQ\IRUZDUGV FRSLHVRIDOOUHFRUGHGGRFXPHQWVWRWKH&LW\ Task 15– CONSTRUCTION PHASE SERVICES (TBD-Future Phase) Task 16 – RECORD DRAWINGS (TBD-Future Phase) SCHEDULE $WDPXWXDOO\DJUHHGXSRQGDWH EXHIBIT A $PHQGPHQW1R &OHDU&UHHN,QWHUFHSWRU 6HSWHPEHU RI Compensation 7KHDGGLWLRQDOVHUYLFHVGHVFULEHGDERYHZLOOEHDFFRPPRGDWHGE\LQFUHDVLQJWKHOXPSVXP FRQWUDFWDPRXQWE\$ $1,590,8007KHIROORZLQJWDEOHVXPPDUL]HVWKHUHYLVHGFRQWUDFWDPRXQW Task Original Contract Amendment No. 1 Revised Contract 7DVN±'HVLJQ0DQDJHPHQW 7DVN±$OLJQPHQW6WXG\ 7DVN±7RSRJUDSKLF6XUYH\ 7DVN±1DWLRQZLGH3HUPLWWLQJ 7DVN±$UFKHRORJLFDO6HUYLFHV 7DVN± (6$)LHOG$VVHVVPHQWVDQG7UHH6XUYH\ 7DVN±$OLJQPHQW5HYLVLRQV 7DVN±(DVHPHQW3UHSDUDWLRQ 7DVN ±7['2758/,6 7DVN±(DVHPHQW3UHSDUDWLRQ 7DVN±3UHOLPLQDU\'HVLJQ 7DVN±)LQDO'HVLJQ 7DVN±%LG3KDVH6HUYLFHV 7DVN±(DVHPHQW$FTXLVLWLRQ6HUYLFHV 7DVN±&RQVWUXFWLRQ3KDVH6HUYLFHV 7%' 7DVN±5HFRUG'UDZLQJV 7%' Totals: $1,259,400 $1,590,800 $2,850,200 'XO\H[HFXWHGE\HDFKSDUW\¶VGHVLJQDWHGUHSUHVHQWDWLYHWREHHIIHFWLYHRQWKHGDWHVXEVFULEHGE\WKH &,7< %< &,7<2)'(17217(;$6 %< (1*,1((5 7LWOH BBBBBBBBBBBBBBBBBBBBBB 'DWH BBBBBBBBBBBBBBBBBBBBBBB .LPOH\+RUQDQG$VVRFLDWHV,QF 7LWOH -RKQ$WNLQV6HQLRU9LFH3UHVLGHQW 'DWH B BBBB BBBBBBBBBBBBBB EXHIBIT A ! Certificate Of Completion Envelope Id: 8EEF73F8-5ABF-48FE-9FB9-8D3A6CEBF4DC Status: Completed Subject: Please DocuSign: City Council Contract 8213-001 Clear Creek Amendment 1 Source Envelope: Document Pages: 11 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Erica Garcia AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 11/15/2024 8:44:06 AM Holder: Erica Garcia erica.garcia@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Erica Garcia erica.garcia@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 11/15/2024 9:31:51 AM Viewed: 11/15/2024 9:31:57 AM Signed: 11/15/2024 9:32:22 AM 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: 11/15/2024 9:32:24 AM Viewed: 11/15/2024 11:49:46 AM Signed: 11/15/2024 11:50:16 AM 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: 11/15/2024 11:50:18 AM Viewed: 11/15/2024 1:43:55 PM Signed: 11/18/2024 9:02:13 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign John Atkins john.atkins@kimley-horn.com Senior Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 130.41.212.55 Sent: 11/18/2024 9:02:15 AM Viewed: 11/18/2024 9:31:29 AM Signed: 11/18/2024 9:32:30 AM Electronic Record and Signature Disclosure: Accepted: 11/18/2024 9:31:29 AM ID: 36e3dfa6-2c72-4e24-9b90-3bf8073a6483 Signer Events Signature Timestamp Stephen D. Gay stephen.gay@cityofdenton.com General Manager Water Utilities Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 11/18/2024 9:32:32 AM Resent: 11/19/2024 7:32:21 AM Viewed: 11/20/2024 1:02:55 PM Signed: 11/20/2024 1:14:32 PM Electronic Record and Signature Disclosure: Accepted: 11/20/2024 1:02:55 PM ID: 45b6b1c1-5627-42b7-95c5-7ec070fd02b4 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 11/20/2024 1:14:35 PM Viewed: 11/20/2024 3:40:18 PM Signed: 12/18/2024 9:44:57 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 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: 12/18/2024 9:44:59 AM Viewed: 12/18/2024 10:12:08 AM Signed: 12/18/2024 10:12:17 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lauren Thoden lauren.thoden@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 166.205.54.27 Sent: 12/18/2024 10:12:20 AM Viewed: 12/18/2024 10:39:04 AM Signed: 12/18/2024 10:39:19 AM 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: 11/15/2024 9:32:24 AM Viewed: 11/15/2024 11:42:08 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 11/20/2024 1:14:35 PM Viewed: 11/20/2024 2:58:25 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/18/2024 10:39:21 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Nicholas Dampf nicholas.dampf@cityofdenton.com Water Wastewater Engineer City of Denton Security Level: Email, Account Authentication (None) Sent: 12/18/2024 10:39:22 AM Viewed: 12/18/2024 10:43:22 AM Electronic Record and Signature Disclosure: Accepted: 12/13/2024 2:45:20 PM ID: b6f51fa1-8c56-4cdc-9e05-9a14b339b1d7 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/15/2024 9:31:51 AM Certified Delivered Security Checked 12/18/2024 10:39:04 AM Signing Complete Security Checked 12/18/2024 10:39:19 AM Completed Security Checked 12/18/2024 10:39:22 AM 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. '%#" #%" "'(% & #&(%%'#" %' & %'# # " ' "&'$ ") # &!$ 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. Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance 8213-001 PSA – Amendment #2 Page 1 of 2 THE STATE OF TEXAS § § COUNTY OF DENTON § SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND ASSOCIATES INC. PSA 8213-001 THIS SECOND AMENDMENT TO CONTRACT 8213-001 (“Amendment”) by and between the City of Denton, Texas (“City”) and Kimley-Horn and Associates, Inc. (“Engineer”); to that certain contract executed on June 4, 2024, in the original not-to- exceed amount of $1,259,400 (the “Original Agreement”); amended on December 17, 2024, in the additional amount of $1,590,800 aggregating a not-to-exceed amount of $2,850,200 (the “First Amendment”); (collectively, the Original Agreement, and the First Amendment are the “Agreement”) for services related to Clear Creek Interceptor. 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 $1,330,400 with this Amendment for an aggregate not-to-exceed amount of $4,180,600; 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 Clear Creek Interceptor, 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 $1,330,400. 2. This Amendment modifies the Agreement amount to provide an additional $1,330,400 for the additional services with a revised aggregate not to exceed total of $4,180,600. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. !&$ ' !" 8213-001 PSA – Amendment #2 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 _________________________. “Engineer” KIMLEY-HORN AND ASSOCIATES INC. By: ______________________________ AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: _________________________________ “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _______________________________ ATTEST: , CITY SECRETARY By: _________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT !&$ ' !" $$! % #%!#!" % #! %$ " % #! %$ % # Amendment No. 2 Clear Creek Interceptor April 6, 2026 1 of 9 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: CLEAR CREEK INTERCEPTOR Amendment Scope of Services This is Amendment Number 02 to the Professional Service Agreement (8213-001) between Kimley-Horn and Associates, Inc. (ENGINEER) and the City of Denton (City) executed on June 5, 2024 Scope of Services The Clear Creek Basin continues to see a high volume of development interest and there is now an ability to abandon up to six (6) existing lift stations with additional sewer branch lines. These projects are identified on the City’s wastewater master plan (WWMP) as project 27, 30 and 43, and comprise of generally 6,100-feet 6,120-feet, 7,613-feet. This amendment also includes additional design and easements needs that have arisen on the original Clear Creek project, and also includes construction phase services. In order to provide wastewater service to this growing area of the City, there is a need to continue with additional engineering design, easement acquisition services. The CITY has requested that the ENGINEER perform the following additional services: Task 1 – DESIGN MANAGEMENT A. Project Management 1. Develop project communication plan. a. Prepare and e-mail progress reports to the project team once a month to be included with invoices. 12 additional months is assumed. b. Prepare project schedule and provide schedule updates if the schedule changes. 2. Sub-consultant Agreement Preparation a. Prepare and execute up to three additional (3) subconsultant amendments/ agreements. Task 3 – TOPOGRAPHIC SURVEY A. Design Survey 1. Design Survey a. Provide additional topographic survey for an additional 20,000 feet on the City owned property. ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 2 of 9 Task 4 – NATIONWIDE PERMITTING 1. Perform additional services to delineate the watershed and provide a no-notifying USACE NWP 58 for the proposed additional alignments, and as per previous scoped items. Task 5 – ARCHEOLOGICAL SERVICES A Phase I intensive pedestrian archeological survey of the proposed project limits to identify cultural resources in the project area and to make recommendations based upon their significance with regard to eligibility for listing on the National Register of Historic Places (NRHP) and designation as a Texas State Antiquities Landmark (SAL). In the event that a recommendation for NRHP or SAL eligibility cannot be made for a site found during the Phase I survey, Phase II testing may be recommended and subsequently required by the Texas Historical Commission (THC), if the stie cannot be avoided. This task includes the areas on Parcel 5, 6, and 7 that were not able to be accessed. These parcels may not be able t be accessed until the corridor is established, This scope does not include any Phase II testing or Phase III mitigation tasks. The Phase I survey will include the following tasks: A. Desktop Cultural Resources Evaluation: 1. Compile information from publicly available records/databases 2. Produce a letter report detailing the results of the records search and presents a review of the natural environment and cultural history of the project area, along with conclusions and recommendations of our findings. B. Phase I Intensive Pedestrian Survey: 1. Perform shovel testing every 100 meters along the entire route. 2. In floodplain settings, excavate trenches a maximum of every 200 meters to test for deeply buried cultural resources. 3. Survey standards will meet the minimum requirements adopted by the THC (Council of Texas Archeologists 2020). 4. If archeological sites are found during the survey, they will be recorded. C. Technical Report 1. Report will be prepared meeting the standards of the THC (Council of Texas Archeologists 2018) and presents a review of the natural environment and cultural history of the project area, research design and methodology, and the results of field investigations, as well as conclusions and recommendations of findings. D. Curation 1. Records and collected artifacts must be curated in perpetuity with an approved curatorial facility, in order to fulfill requirements in the Texas Antiquities Permit (TAP). A representative of the City must sign the required curatorial paperwork. Though curation cannot be completed until the THC has approved the report, this task will not prevent the City from proceeding with construction of the project. If any ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 3 of 9 artifacts are collected on private land, they will be returned to the landowner at their request. E. Deliverables: 1. Desktop Cultural Resources Evaluation in digital .PDF format. 2. Cultural Resources THC Application in digital .PDF format. 3. Cultural Resources Technical Report in digital .PDF format. Task 6 – ESA Field Assessments and Tree Survey 1. Perform additional ESA delineation for the selected alignments as per previous scoped items. Task 8 – EASEMENT PREPARATION A. Separate Instrument Easement Descriptions a. Prepare an additional Twenty (30) permanent easement documents b. Prepare and additional Thirty-Five (25) temporary construction and/or access easements are assumed to provide access or lay-down/storage areas to construct the proposed interceptor. Task 10 – GAS PIPELINE ENCROACHMENTS A. LONO Exhibits 1. Prepare plan and profile sheets indicating proposed gas pipeline crossings with proposed interceptor to obtain letters of no objection (LONOs) for up to three (3) gas pipeline crossings. The following crossings are assumed to be required: a. Atmos Energy (2 Crossings) b. Lone Star Gas (1 Crossing) 2. Respond to up to two rounds of comments on submittals. B. Deliverables 1. LONO drawings in digital .PDF format. C. Meetings Up to four (4) meetings/calls with pipeline owners. Task 11 – PRELIMINARY DESIGN A. Preliminary Sewer Design 1. Geotechnical Engineering a.Perform additional 10 geotechnical bores 2. Subsurface Utility Engineering (SUE) ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 4 of 9 a.Level A investigation of existing water line connection point, and potential crossing utilities. The Level A investigation shall consist of performing up to five (5) level A testholes or “locates” of existing utilities. The Level A investigation will be conducted in accordance with ASCE publication CI/ASCE 38-02 and include the location of said utility in three dimensions obtained through non-destructive geophysical methods. b. Level B investigation to be performed for existing developments c.Level C/D for the entire corridor. 3. Preliminary Sanitary Sewer Line Design a.Preliminary plan and profile drawings preparation for approximately 20,000 linear feet of 8-inch through 15-inch gravity sanitary sewer line. B. Deliverables 1. Preliminary design submittal (60%) a.Submit four (4) copies to City for review and comment. b.Submittal shall include the following: a) Preliminary design plans (22”x34”) b) Preliminary technical specifications (table of contents) c) Geotech report d) Opinion of probable construction cost c. Submit to TCEQ for review d.Submit to Denton County for review 2. Meetings a.Attend one (1) meeting with City to kick-off preliminary design. b.Attend one (1) meeting with City to present and review the preliminary design submittal Task 12 – FINAL DESIGN A. Final Sanitary Sewer Design 1. Incorporate the preliminary design submittal review comments (one (1) round of comments is anticipated in proposed effort). 2. Prepare updated opinion of probable construction cost. a. The ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor’s methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to ENGINEER at this time and represent only the ENGINEER’s judgment as a design professional familiar with the construction industry. The ENGINEER ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 5 of 9 cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 3. Incorporate franchise utility investigation information 4. Incorporate details and technical specifications. 5. Prepare surface repair sheets and details as necessary. 6. Prepare Project Manual using City Standard Construction Contract Documents. B. Deliverables: 1. Final Design Submittal (95%) a. Submit four (4) copies to the City for review and comment. b. Submittal shall include the following: i. Final design drawings ii. Final design project manual iii. Opinion of probable construction cost C. Meetings 1. One (1) meeting with City to review Final Design Submittal. Task 13 – BID PHASE SERVICES A. Bid Phase Services 1. Provide electronic bid documents to the City purchasing department for one separate additional bidding phase. 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 for distribution of the bidding documents to prospective contractors, suppliers and plan 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 a. Based on potential questions and addenda from the bidding phase, prepare conformance set of plans and specifications to be used during construction. i. Provide up to four (4) sets to City for execution. ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 6 of 9 Task 14 – EASEMENT ACQUISTION SERVICES A. Easement Acquisition Services 1. ENGINEER’s Real Estate Agent shall provide services previously authorized for up to nine (9) more parcels. Task 15– 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 twenty-four (24) times during construction to perform construction observation. 24 months construction time is assumed. 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 spot checking, selective measurement, and similar methods of general observation of the Work based on ENGINEER’s exercise of professional judgement. c. Based on information obtained during site visits, ENGINEER will determine if Contractor’s work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the work. d. Hold monthly meetings with the contractor, either on site or off site for up to twenty-four (24) meetings. 3. Recommendations with Respect to Defective Work a. Provide recommendations to City that Contractor’s work be disapproved and 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 the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Notwithstanding the foregoing, the City reserves the right to disapprove or reject Contractor’s work without a recommendation from the ENGINEER. 4. Clarifications and Interpretations a. Issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field orders ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 7 of 9 authorizing variations from the requirements of the Contract Documents will be made by City. 5. Change Orders 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 Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and 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 standards of 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 of responsibility for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINER will be entitled to rely on the results of such tests and facts being certified. The scope of services assumes the pumps 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 initial written decision on all claims of City and Contractor relating to the acceptability of Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the progress of the Contractor’s work. In rendering such decisions, ENGINEER will be fair and not show partiality to City or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. The initial decision of the ENGINEER shall be required as a condition precedent to mediation or litigation of any claim arising prior to the date final payment is due to the Contractor, unless thirty (30) days have passed after a claim has been referred to the ENGINEER with no decision having been rendered. ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 8 of 9 10. 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 the Contract Documents. i. Limitation of Responsibilities: The ENGINEER will not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual entity performing or furnishing the work. ENGINEER will not have the authority or responsibility to stop the work of any Contractor. b. Compile punch list from information gathered during final walkthrough with City and Contractor. Task 16 – RECORD DRAWINGS A. Record Drawings 1. Obtain and review comments and field changes on the construction plans from City and Contractor. 2. Prepare record drawings based on comments and field changes. The ENGINEER will not be providing resident engineering services and will not be observing on a full-time basis, and will therefore not seal the record drawings. The record drawings will be provided in the following format: a. (1) Mylar hardcopy full-size (22”x34”) b. PDF electronic copy SCHEDULE At a mutually agreed upon date. ([KLELW$ !&$ ' !" Amendment No. 2 Clear Creek Interceptor April 6, 2026 9 of 9 Compensation The additional services described above will be accommodated by increasing the lump sum contract amount by $1,330,400. The following table summarizes the revised contract amount: Task Original Contract Amendment No. 1 Amendment No. 2 Revised Contract Task 1 – Design Management $33,900 $66,000 $26,900 $126,800 Task 2 – Alignment Study $336,000 $0 $0 $336,000 Task 3 – Topographic Survey $319,200 $18,100 $146,100 $483,400 Task 4 – Nationwide Permitting $40,100 $0 $23,000 $63,100 Task 5 – Archeological Services $191,200 $0 $124,400 $315,600 Task 6 – ESA Field Assessments and Tree Survey $99,800 $0 $50,000 $149,800 Task 7 – Alignment Revisions $73,300 $0 $0 $73,300 Task 8 – Easement Preparation $60,900 $0 $60,000 $120,900 Task 9 – TxDOT RULIS $30,000 $0 $0 $30,000 Task 10 – Gas Line Encroachment $75,000 $0 $15,000 $90,000 Task 11 – Preliminary Design $0 $860,500 $326,100 $1,186,600 Task 12 – Final Design $0 $374,400 $149,400 $523,800 Task 13 – Bid Phase Services $0 $46,100 $25,100 $71,200 Task 14 – Easement Acquisition Services $0 $225,700 $153,300 $379,000 Task 15 – Construction Phase Services $0 $0 $209,900 $209,900 Task 16 – Record Drawings $0 $0 $21,200 $21,200 Totals: $1,259,400 $1,590,800 $1,330,400 $4,180,600 Duly executed by each party’s designated representative to be effective on the date subscribed by the CITY. BY: CITY OF DENTON, TEXAS BY: ENGINEER Title:______________________ Date:_______________________ Kimley-Horn and Associates, Inc Title: Chris Igo, Associate . Date:_____04/06/2026______________ ([KLELW$ !&$ ' !" Certificate Of Completion Envelope Id: 53826F97-E5AF-8836-80DA-5BA444549C82 Status: Sent Subject: Please DocuSign: City Council Contract 8213-001 Clear Creek Interceptor Amendment 2 Source Envelope: Document Pages: 12 Signatures: 3 Envelope Originator: Certificate Pages: 6 Initials: 1 Erica Garcia AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 7/2/2026 8:32:18 AM Holder: Erica Garcia erica.garcia@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Erica Garcia erica.garcia@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 7/2/2026 8:37:18 AM Viewed: 7/2/2026 8:37:26 AM Signed: 7/2/2026 8:37:55 AM 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: 7/2/2026 8:37:57 AM Viewed: 7/2/2026 10:46:59 AM Signed: 7/2/2026 10:47:23 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Leah Bush leah.bush@cityofdenton.com Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/2/2026 10:47:25 AM Viewed: 7/6/2026 9:06:42 AM Signed: 7/6/2026 9:14:15 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Chris Igo chris.igo@kimley-horn.com Associate Security Level: Email, Account Authentication (None)Signature Adoption: Uploaded Signature Image Using IP Address: 141.193.204.164 Signed using mobile Sent: 7/6/2026 9:14:17 AM Resent: 7/14/2026 9:33:29 AM Viewed: 7/16/2026 10:41:35 AM Signed: 7/16/2026 10:42:12 AM Electronic Record and Signature Disclosure: Accepted: 7/16/2026 10:41:35 AM ID: 2e16de48-f239-4d3f-b026-7c72c97e843d Signer Events Signature Timestamp Seth Garcia seth.garcia@cityofdenton.com Director of Capital Projects Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 7/16/2026 10:42:14 AM Viewed: 7/16/2026 10:56:08 AM Signed: 7/16/2026 10:56:45 AM Electronic Record and Signature Disclosure: Accepted: 7/16/2026 10:56:08 AM ID: 0650c90e-2462-412b-8a2e-039b60b7979f Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 7/16/2026 10:56:48 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Cassey Ogden Cassey.Ogden@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Kristi Fogle kristi.fogle@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/17/2026 10:04:02 AM ID: 4870ad15-76eb-46fd-ab65-c7c44f83773e 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: 7/2/2026 8:37:57 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 7/16/2026 10:56:47 AM Viewed: 7/20/2026 3:03:40 PM Electronic Record and Signature Disclosure: Not Offered via Docusign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Shawn Messick shawn.messick@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/7/2026 10:14:47 AM ID: 2e67a294-a713-4dd5-b5d6-cfb65d7025e8 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/2/2026 8:37:18 AM Envelope Updated Security Checked 7/14/2026 9:33:28 AM Envelope Updated Security Checked 7/14/2026 9:33:28 AM 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. $"! !" $%" # !#%""$! "$ #"$! " #!$ " " #$ ! & ## 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.