19-840ORDINANCE NO. 19-840
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FOURTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND
FREESE AND NICHOLS, INC., AMENDING THE CONTRACT APPROVED BY CITY
COUNCIL ON JULY 17, 2012, IN THE NOT -TO -EXCEED AMOUNT OF $435,701, AMENDED
BY AMENDMENTS 1-3 APPROVED BY PURCHASING STAFF, THE CITY MANAGER AND
CITY COUNCIL, SAID FOURTH AMENDMENT TO PROVIDE ENGINEERING SERVICES
RELATING TO NORTH -SOUTH WATER MAIN PHASES II AND III; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
4978 — PROVIDING FOR AN ADDITIONAL FOURTH AMENDMENT EXPENDITURE
AMOUNT NOT -TO -EXCEED $396,303.00 WITH THE TOTAL CONTRACT AMOUNT NOT -
TO -EXCEED $1,052,571.60).
WHEREAS, on July 17, 2012, by Ordinance No. 2012-147, the City awarded a contract to
Freese and Nichols, Inc., in the amount of $435,701 for engineering services relating to the North
South Water Line Phases II and II Project; and
WHEREAS, the additional fees under the proposed Fourth Amendment are fair and
reasonable, and are consistent with and not higher than the recommended practices and fees
applicable to the Provider's profession and such fees do not exceed the maximum provided by law;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Fourth Amendment, increasing the amount of the contract between the
City and Freese and Nichols, Inc., which is on file in the office of the Purchasing Agent, in the
amount of Three Hundred Ninety Six Thousand Three Hundred Three and 00/100 ($396,303.00)
Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance
with said amendment. The total contract amount increases to $1,052,571.60.
SECTION 2, This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by k �E_', �p�" rand
seconded by .......... ` �. the ordinance was pa c,d �and approved by (tie
follow i a vo e I�
Aye Nay
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the . . .. dayof
. ...... . . ..................................... . -Z ..... ........ . .............. . .
2019,
N
.. . ........................................................................................... . .....
CHRIS WATTS, MAYOR
ATTEST: 01,1110
ROSA RIOS, CITY Sl-�'CRF
BY: n.
...........
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
i%:l'161dl"Ic BY: l � . . . . . ................. --- T4 - ---- -------------------
DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B00073C
Docusign City Council Transmittal Coversheet
PSA
4978
File Name
NS Water Main Design Amendment 4
Purchasing Contact
Jamie cogdell
City Council Target Date
April 23, 2019
Piggy Back Option
Not Applicable
Contract Expiration
NSA
Ordinance
19-840
DS
D
DocuSign Envelope ID: 3FA93OBB-4FAF-499B-A9FE-188A8B00073C
FOURTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
FILE 4978
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FOURTH AMENDMENT TO CONTRACT 4978 ("Amendment") by and
between the City of Denton, Texas ("City") and Freese and Nichols, Inc. ("Consultant");
to that certain contract executed on July 17, 2012, in the original not -to -exceed amount of
$435,701 (the "Original Agreement"); amended on October 6, 2014, in the additional
amount of $26,654 aggregating a not -to -exceed amount of $462,355 (the "First
Amendment"); amended on July 10, 2017, in the additional amount of $53,800 aggregating
a not -to -exceed amount of $516,155 (the "Second Amendment"); amended on October 16,
2018 in the additional amount of $140,113.60 aggregating a not -to -exceed amount of
$656,268.60 (the "Third Amendment"); (collectively, the Original Agreement, the First
Amendment, the Second Amendment, and the Third Amendment, are the "Agreement")
for services related to the design of North -South Water Main Phases II and III Project.
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an additional
not -to -exceed amount $396,303 with this Fourth Amendment for an aggregate not -to -
exceed of $1,052,571.60.
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by CONSULTANT to the City;
NOW THEREFORE, the City and Consultant (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 Fourth Amendment,
which amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Attachment "A" of this Fourth Amendment,
attached hereto and incorporated herein for all purposes, for professional services
related to the North -South Water Main Phases II and III project are hereby
authorized to be performed by Consultant. For and in consideration of the
additional services to be performed by Consultant, the Owner agrees to pay, based
on the cost estimate detail attached as Attachment "B" and "C" to this Fourth
Amendment, attached hereto and incorporated herein for all purposes, a total fee,
including reimbursement for non -labor expenses an amount not to exceed
$396,303.
Contract 4978 — Amendment 44 Page 1 of 2
DocuSign Envelope ID: 3FA930BB-4FAF-499B-A9FE-188A8B00073C
2. This Amendment modifies the Agreement amount to provide an additional
$396,303 for the additional services with a revised aggregate not to exceed total of
$1,052,571.60.
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.
IN WITNESS WHEREOF, the City and the Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date 4/23/2019
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By. IDocuSigned by:
EZ7fiC311BA0na54
TODD HILEMAN, CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
z
Signed by:
EP-
R�
By: A8G5E175493__
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
DocuSigned by:
Mw P-;AWwnk
B�7• _7 7F9 37RRF0704E5
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
DocuSigned by:
Todd Estes
e65�6e8436
SIGNATURE PRINTED NAME
City Engineer
TITLE
Capital Projects
DEPARTMENT
"CONSULTANT"
FREESE AND NICHOLS, INC.
DocuSigned by:
Es
aff k vice President
By: 8FD83S9d11414BA_
AUTHORIZED SIGNATURE, TITLE
Page 2 of 2
Attachment
DocuSign Envelope ID: 3FA93OBB-4FAF-499B-A9FE-188A8B00073C
ATTACHMENT A
20-INCH WATER LINE RELOCATION DESIGN SERVICES
SCOPE OF SERVICES
Freese and Nichols (FN|) will render the following services in connection with the design phase of the
1. Design
a. Relocation Design of approximately 650 linear feet of 20-inch water line at the
intersection of Bonnie Brae Stand Scripture St.
b. Relocation Design of approximately 1SO linear feet of 16-inch and reconnection to the
existing 1D-inchwater lines west ofthe Bonnie Brae intersection.
c. Relocation Design of approximately 250 linear feet of 12-inch water line east of the
Bonnie Brae intersection.
d. FNI will use the survey and roundabout road design information performed by Graham &
Associates (G&A)to complete the water line design. The design will incorporate G&/Yu
available proposed roadway, storm drain and sanitary sewer improvements. The City will
need to provide the latest design and survey files from G&A. Should additional survey be
needed, iiwill beconsidered anadditional service.
2. FNI will attend 3 meetings for to discuss design review and construction sequencing.
I General construction representation services associated with the additional water lines within the
contract amendment.
Deliverables: Prepare 60%, 95%, and 100% plans to be contract changed into North -South Phase 11 water
line construction contract.
The current contract amount shall be increased by a lump sum amount of $10,599.00.
Attachment
DocuSign Envelope ID: 3FA93OBB-4FAF-499B-A9FE-188A8B00073C
RESIDENT PROJECT REPRESENTATIVE SERVICES
SCOPE OF SERVICES
Freese and Nichols (FNU will render the following services in connection with the construction phase of
the Project:
A. FN|will proceed with the performance ofconstruction phase services as
described below. FN| will endeavor to protect Owner in providing these services however, it is
understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for
supervision of the Contractor's operation and employees. FN| shall not be responsible for the
means, methods, techniques, sequences or procedures of construction selected by the Contractor,
or any safety precautions and programs relating in any way to the condition of the premises, the
work ofthe Contractor mrany Subcontractor. FN|shall not beresponsible for the acts oromissions
of any person (except its own employees or agents) at the Project site or otherwise performing
any ofthe work ofthe Project.
1. Furnishing the services of a Resident Project Representative to act as Owner's on -site
representative during the Construction Phase. The Resident Project Representative will ad
as directed by the Engineer of Record in order to provide more extensive representation at
the Project site during the Construction Phase. Through more extensive on -site observations
of the work in progress and field checks of materials and equipment by the Resident Project
Representative and assistants, FN| shall endeavor to provide further protection for Owner
against defects and deficiencies in the work. Furnishing the services of Resident Project
Representative issubject tothe provisions ofAttachment RPR.
If Owner provides personnel to support the activities of the Resident Project Representative
who is not FN| or FNI's agent or employee the duties, responsibilities and limitations of
authority of such personnel will be set forth in an Attachment attached to and made a part of
this Agreement before the services mfsuch personnel are begun. h|sunderstood and agreed
that such personnel will work under the direction of and be responsible to the Resident
Project Representative. Owner agrees that whenever FN|informs him inwriting that any such
personnel provided by the Owner are, in his opinion, incompetent, unfaithful or disorderly,
such personnel shall bereplaced.
Provide visual and magnetic particle inspections onpipe welds. Inspection services will be
provided byaCertified Welding Inspector. CVV|will beon-site more often atthe first ofthe
project to verify and inspect contractor prove -out and beginning of pipe welding operations
and will reduce the trips per week, as directed by FN| or the Owner, after prove -out is
completed.
TIME OF COMPLETION
FN| is authorized to commence work on the Project upon execution of this Agreement and agrees to
omuaignEnvelope ID: nFAonoBB-4FAF-400B-m9FE-1uuAuB000rno
Phase 11 Construction (12-month construction duration assumed): Upon the Contractor's Notice
to Proceed, FNI will begin services at 20 hours per week for the first two months of construction.
During months 3-10, FN| services will be provided at4O hours per week. During months 11-12,
FN|services will beprovided atZUhours per week.
Phase Ill Construction (9-month construction duration assumed): Upon the Contractor's Notice
toProceed, FN|will begin services at2Ohours per week for the first two months ofconstruction.
During months 3-7, FN| services will be provided aL4O hours per week. During months 8-9, FN|
services will beprovided at2Ohours per week.
The intent with this schedule ofservices isthat Phase Uand Phase Ill construction will have some
overlap. Two months mfoverlap isassumed inthis proposed schedule ofservices. |nthe event
that Phase 11 and Phase Ill overlap by more than two months, FNI services between the two phases
will besplit (2Uhours per day for Phase || and ZOhours per day for Phase |U). |nthe event that
these phases do not overlap, FNI will provide the services as described above.
IfF0|'sservices are delayed through nofault ofFN[FN|shall beentitled to equitable adjustment of rates
and amounts ofcompensation and FN| shall be entitled to adjust contract schedule consistent with the
number of days of delay.
FNI proposes to furnish our Resident Project Representative services as described herein at a bill rate of
$127.91per hour.
The total fee for Resident Project Representative services and [VV|services for Phase Ushall beannt-to'
exceedfeeof Two Hundred Thirty -Three Thousand and Sixty -Eight Dollars ($233,068)
RPRInspection =$197/]G8
RPRExpenses =$14,0DO
The total fee for Resident Project Representative services and CWI services for Phase Ill shall be a not -to -
exceed fee of One Hundred Fifty -Two Thousand Six Hundred Thirty -Six Dollars ($152,636).
RPRInspection =$13S,445
RPRExpenses =$O,5O1
CVV|Inspection =$8,6B0
Total proposed amended amount for Phase Uand Phase Ill Resident Project Representative services and
[VV|services is Three Hundred Eighty -Five Thousand Seven Hundred Four Dollars ($385,704).
RPRInspection =$332,G13
RPRExpenses =$2J,5O1
CVV|Inspection =$3O,G9O
ATTACHK4EWTRPR
omuaignEnvelope ID: nFAonoBB-4FAF-400B-m9FE-1uuAuB000rno
RESIDENT PROJECT REPRESENTATION
A. The Engineer will have a Resident Project Representative on the She. The duties,
responsibilities and the limitations of authority of the Resident Project Representative, and
designated assistants, are as follows:
l Resident Project Representative is Engineer's agent at the site will act as directed by
and under the supervision of Engineer and will confer with Engineer regarding
Resident Project Representative's actions. Resident Project Representative's dealings
in matters pertaining to the on -site Work shall in general be with Engineer and
Contractor, keeping Owner advised as necessary. Resident Project Representative's
dealings with Subcontractors shall only be through or with full knowledge and
approval ofContractor. Resident Project Representative shall generally communicate
with Owner with the knowledge ofand under the direction ofEngineer.
B. Duties and Responsibilities of Resident Project Representative:
1. Conferences and Meetings: Attend meetings with Contractor, such as
pneconsLrucdom conferences progress meetings, and job conferences and other
project -related meetings.
2. Liaison:
a Serve as Engineer's liaison with Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of Contract
Documents; and assist Engineer in serving asOwners liaison with Contractor
when Contractor's operations affect Owner's on -site operations.
3. Assist in obtaining from Owner additional details or information, when required for
proper execution ofthe Work.
4. Shop Drawings and Samples:
a. Advise Engineer and Contractor ofthe commencement ofany Work requiring a
Shop Drawing orSample ifthe submittal has not been approved byEngineer.
5. Review ofWork, Rejection ofDefective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to determine if the Work
isingeneral proceeding inaccordance with the Contract Documents.
b. Report to Engineer whenever Resident Project Representative believes that any
Work will not produce a completed Project that conforms generally to the
Contract Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements ofany
inspection, test or approval required to be made; and advise Engineer of Work
the Resident Project Representative believes should be corrected or rejected or
should be uncovered for observation, or requires special testing, inspection or
approval.
C. Verify that tests, equipment and systems start-up are conducted in the presence
of appropriate personnel, and the Contractor maintains adequate records
thereof; and observe record and report to Engineer appropriate details relative
to the test procedures and start-ups.
DocuSign Envelope ID: 3FA93OBB-4FAF-499B-A9FE-188A8B00073C
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results ofthese inspections and report
to Engineer.
G. Interpretation of Contract Documents: Report to Engineer when clarifications and
interpretations ofthe Contract Documents are needed.
7. Reports:
a. Furnish to Engineer daily construction reports of progress of the work and of
Contractor's compliance with the progress schedule.
b. Consult with Engineer in advance of scheduled major tests, inspections or start
ofimportant phases ofthe Work.
C. Report immediately toEngineer and Owner the occurrence mfany accident.
8. Payment Requests: Review Applications for Payment with Contractor for toestablish
agreement of the quantities installed to date and the quantities of materials -on -hand.
9. Completion:
a. Before Engineer issues a Certificate of Substantial Completion, submit to
Contractor alist ofobserved items requiring completion orcorrection.
b. Observe whether Contractor has performed inspections required by laws or
regulations, ordinances, codes or order applicable to the Work, including but not
limited to those to be performed by public agencies having jurisdiction over the
Work.
C. Conduct afinal inspection in the company of Engineer, Owner and Contractor
and prepare afinal list ofitems tobecompleted orcorrected.
d. Observe whether all items onfinal list have been completed or corrected and
make recommendations toEngineer concerning acceptance.
C. Limitations ofAuthority ofResident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or -equal" items), unless authorized by Engineer.
2. Shall not exceed limitations of Engineer's authority asset forth inAgreement orthe
Contract Documents.
3. Shall not undertake any ofthe responsibilities ofContractor, Subcontractor, Suppliers,
orContractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of
the means, methods, techniques, sequences or procedures of construction unless
such advice or directions are specifically required by the Contract Documents.
S. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work or any activities or operations
ofOwner orContractor.
6. Shall not accept shop drawing or sample submittals from anyone other than the
Contractor.
7. Shall not participate in specialized field or laboratory tests or inspections conducted
byothers, except asspecifically authorized byEngineer.
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Certificate Of Completion
Envelope Id: 3FA930BB4FAF499BA9FE188A8B00073C
Subject: Please DocuSign: City Council Contract 4978 Amendment 4
Source Envelope:
Document Pages: 10 Signatures: 5
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Record Tracking
Status: Original
4/1/2019 10:19:45 AM
Signer Events
Jamie Cogdell
jamie.cogdell@cityofdenton.com
Senior Buyer
City Of Denton
Security Level: Email, Account Authentication
(None)
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)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mack Reinwand
mack.reinwand@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott Maughn
sac@freese.com
Vice President
Freese and Nichols, Inc.
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/2/2019 8:29:20 AM
ID:627c9567-b6ca-40fa-8128-d3001bd40c6a
Holder: Jamie Cogdell
Jamie.Cogdell@cityofdenton.com
Signature
Completed
Using IPAddress: 129.120.6.150
E"s
Signature Adoption: Pre -selected Style
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[Docuftned by:
7F9D328BF0204E5...
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E11,c"S1g",d by:
0D835941141
Signature Adoption: Pre -selected Style
Using IPAddress: 107.77.201.139
Status: Completed
Envelope Originator:
Jamie Cogdell
901 B Texas Street
Denton, TX 76209
Jamie.CogdelI@cityofdenton.com
IP Address: 129.120.6.150
Location: DocuSign
Timestamp
Sent: 4/1/2019 10:20:37 AM
Viewed: 4/1/2019 10:20:45 AM
Signed: 4/1/2019 10:21:09 AM
Sent: 4/1/2019 10:21:13 AM
Viewed: 4/1/2019 11:29:56 AM
Signed: 4/1/2019 11:30:14 AM
Sent: 4/1/2019 11:30:16 AM
Viewed: 4/1/2019 11:41:51 AM
Signed: 4/1/2019 11:42:30 AM
Sent: 4/1/2019 11:42:32 AM
Viewed: 4/2/2019 8:29:21 AM
Signed: 4/2/2019 8:29:57 AM
Signer Events
Todd Estes
todd.estes@cityofdenton.com
City Engineer
Capital Projects
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/4/2019 8:50:12 PM
ID:Ob809174-8a58-4473-8aO3-a4252bbd247c
Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Hileman
Todd.Hileman@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/25/2017 11:02:14 AM
ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21
Rosa Rios
rosa.rios@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/29/2019 10:24:24 AM
ID:3a129fc3-1c96-4cb3-a960-a6Oc6cc128aa
In Person Signer Events
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Tabitha Millsop
tabitha.millsop@cityofdenton.com
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signature
DocuSigned by:
�-
0658E4F8FB78476...
Signature Adoption: Drawn on Device
Using IPAddress: 174.206.28.238
Signed using mobile
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Status
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OPIED
Timestamp
Sent: 4/2/2019 8:29:59 AM
Resent: 4/4/2019 9:30:47 AM
Resent: 4/8/2019 8:45:36 AM
Resent: 4/8/2019 9:38:10 AM
Viewed: 4/4/2019 8:50:12 PM
Signed: 4/8/2019 11:51:06 AM
Sent: 4/8/2019 11:51:09 AM
Viewed: 4/29/2019 10:20:54 AM
Signed: 4/29/2019 10:21:15 AM
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Signed: 4/29/2019 10:23:37 AM
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Signed: 4/29/2019 10:27:15 AM
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Sent: 4/1/2019 10:21:12 AM
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Sherri Thurman Sent: 4/1/2019 10:21:12 AM
sherri.thurman@cityofdenton.com COPIED
City of Denton
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Jane Richardson Sent: 4/29/2019 10:21:18 AM
jane.richardson@cityofdenton.com OPIED Viewed: 4/30/2019 12:07:12 PM
Assistant City Secretary
City of Denton
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(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jane Richardson Sent: 4/29/2019 10:27:17 AM
jane.richardson@cityofdenton.com OPIED
Assistant City Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger Sent: 4/29/2019 10:27:18 AM
annie.bunger@cityofdenton.com OPIED Viewed: 4/29/2019 10:27:59 AM
Administrative Assistant IV
City of Denton
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Scott Maughn, Todd Estes, Todd Hileman, Rosa Rios
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(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.