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23-1660ORDINANCE NO. 23-1660 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY THE CITY COUNCIL ON MAY 17, 2022, IN THE NOT-TO-EXCEED AMOUNT OF $751,100.00; SAID FIRST AMENDMENT FOR AN EXTENDED SCOPE, AN ADDITIONAL FULL PLAN SET, AND SERVICES FOR A NEW LIFT STATION FOR THE 1-35 SPLIT TO MILAM PHASE II PROJECT FOR THE CAPITAL PROJECTS AND WATER UTILITIES DEPARTMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7574-olo – PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $224,300.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $975,400.00). WHEREAS, on May 17, 2022, City Council awarded a contract to Kimley-Horn and Associates, Inc. in the amount of $75 1,100.00, for regulatory permitting/approval support, process evaluation, design services, bidding assistance, construction phase services, and easement acquisition for the 1-35 to Milam Creek Phase II Project for the Water Utilities Department; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Kimley-Horn and Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of Two Hundred Twenty-Four Thousand Three Hundred and 0/ 100 ($224,300.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be effective upon the execution of the amendment attached hereto . The total contract amount increases to $975,400.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. s e c o n d erb: Ir1r11 q== = aP T=v: 1: i s o rd i n a n c e vv asTITs hkfi: wasPsithTa P proved byU following vote [I - M : + + d I • • f \ / ' / + + F n a dr I • I ' h . T n H ; P b•b • bb 1 ! • g P I b • r • P + H /; b \ 1 ; , - = . - - A I b a b P • n n • I S i L = = P h h P . F HOT r . \ + + '-; n .• F• 1 b - '- -,-} : -'?'l I F +n Aye I Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: i J Z ' 2023.PASSED AND APPROVED this the II '- d,y.f S,r+enb,/ ATTEST: JESUS SALAZAR, CITY SECRETARY L\\11111111 re+= APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Marcella Lunn DN: cn=Marcella Lunn, o, ou=City BY, WJLVatJ B::e:n;i;::8.25 13:23:47 45'oo' i,\ \JIA\h ::::'==„H.J.„@.i~ord-n it ! if ilb+ -i,I (j oBese ++ DocuSign Envelope ID: 16EE7E28-ADOE43B7-9728-C84141D8A9B7 DENTON Docusign City Council Transmittal Coversheet 7574-010 1-35 Sp1 it to M11am Phase 2 – Amendment #1File Name Purchasing Contact C or1 PQwer City Council Target Date SEPTEMBER 19’ 2023 Piggy Back Option Contract Expiration Ordinance Not Applicab1 e N/A 23-1660 DocuSign Envelope ID: 16EE7E28-ADOE43B7-9728-C84141D8A9B7 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND ASSOCIATES, INC. PSA 7574-010 THE STATE OF TEXAS § §COUNTY OF DENTON THIS FIRST AMENDMENT TO CONTRACT 7574-010 (“Amendment”) by and between the City of Denton, Texas (“City“) and Kimley-Horn and Associates, Inc. (“Engineer”); to that certain contract executed on May 17, 2022, in the original not-to- exceed amount of $751,100 (the “Agreement”); for professional services related to the I- 35 Split to Milam Phase II project. WHEREAS, the City deems it necessary to further expand the services provided by Engineer to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $224,300 with this Amendment for an aggregate not-to-exceed amount of $975,400; 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 design of 1-35 Split to Milam Phase II 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, a total fee, including reimbursement for non-labor expenses an amount not to exceed $224,300. 2. This Amendment modifies the Agreement amount to provide an additional $224,300 for the additional services with a revised aggregate not to exceed total of $975,400. 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. 7574-010 PSA – Amendment #1 Page 1 of 2 DocuSign Envelope ID: 16EE7E28-ADOEJ+3B7-9728-C84141 D8A9B7 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 09/19/2023 “City”“Engineer” CITY OF DENTON, TEXAS A Texas Municipal Corporation KIMLEY-HORN AND ASSOCIATES, INC. By: C"-Y'':' I hH„„t'? PA CITY MANAGER n /DocuSigned by: BY:[ M. @tilI?fMmGmrut–LI ATTEST: JESUS SALAZAR, CITY SECRETARY DocuSigned by: BY, I &W?„$1@ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY 'DocuSigned by: A’'& Ca'#1 ;P@Trevor CraIn, PMP PRINTED NAME rector of Capita1 Projects TITLE Capita1 Projects DEPARTMENT 7574-0 10 PSA – Amendment #1 Page 2 of 2 DocuSign Envelope ID: 16EE7E28-ADOEz13B7-9728-C84141D8A9B7 Exhibit AAMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: 1-35 - SPLIT TO MILAM PHASE 2 GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MAIN Amendment Scope of Services This is Amendment Number 01 to the Professional Service Agreement (7574-010) between Kimley-Horn and Associates, Inc. (ENGINEER) and the City of Denton (City) executed on May 17 2022 Scope of Services This project was originally intended to be bid and constructed as a single construction set, along with the 1-35 Utility Relocations. There are now two (2) separate 1-35 utility relocation projects, as well as two (2) projects to be bid and constructed under this contract, Due to recent developments, the original corridor for design and proposed easement were no longer were feasible, thus there was a need for additional survey and design phase services for the gravity and force main sewers. The CITY has requested that the ENGINEER perform the following additional services: Task 4 – FINAL DESIGN A. Final Waterline and Sanitary Sewer Design 1. Provide additional Preliminary/Final plan and profile drawings preparation for an addition of approximately 500 linear feet water main, 330 linear feet of 12-inch sanitary sewer force main, and 400 feet of 1 8-inch through 33-inch gravity sanitary sewer line. Task 6 – BID PHASE SERVICES A. Bid Phase Services 1. 2. Provide electronic bid documents to the City purchasing department for bidding. 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 Amendment No. 1 1-35 - SPLIT TO MILAM PHASE 2 GANZER LWT STAITON AND GRAVITY SEWER/FORCE MAN July 28, 2023 1 of 8 DocuSign Envelope ID: 16EE7E28-ADOE-43B7-9728-C84141D8A9B7 a.Based on potential questions and addenda from the bidding phase, prepare conformance set of plans and specifications to be used during constructIon. 1 Provide up to four (4) sets to City for execution. Task 7 – 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 twelve (12) times during construction to perform construction observation. 12 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. 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. Hold monthly meetings with the contractor, either on site or off site for up to twelve (12) meetings. C. d. 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 authorizing variations from the requirements of the Contract Documents will be made by City. Change Orders5. Amendment No. 1 1-35 - SPLIT TO MILAM PHASE 2 GANZER LIFT STAITON AND GRAVITY SEWER/FORCE MA[N July 28, 2023 2 of 8 DocuSign Envelope ID: 16EE7E28-ADOEz13B7-9728-C84141D8A9B7 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 Inspections and Tests8 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. 10. Final Walkthrough and Punchlist Preparation Amendment No. 1 1-35 - SPLIT TO MILAM PHASE 2 GANZER LUT STAITON AND GRAVITY SEWER/FORCE MAN July 28, 2023 3 of 8 DocuSign Envelope ID: 16EE7E28-ADOEJ13B7-9728-C84141D8A9B7 a. Attend final walkthrough with Contractor and City to determine if the completed work of Contractor is generally in accordance with the Contract Documents. 1.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 10 – SURVEY AND EASEMENTS A. Design Survey 1. Provide an additional 7,000 linear feet of topographic survey due to a change in alignment. Survey will be provided per the previously authorized scope items. Task 15 – LIFT STATION BID PHASE SERVICES A. Bid Phase Services 1. 2. Provide electronic bid documents to the City purchasing department for bidding. 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. 11.Provide up to four (4) sets to City for execution. Task 16 – LIFT STATION 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 Amendment No. 1 1-35 - SPLIT TO MILAM PHASE 2 GANZER LUT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023 4 of 8 DocuSign Envelope ID: 16EE7E28-ADOE43B7-9728-C84141D8A9B7 2. Site Visits a. Visit the construction site up to twelve (12) times during construction to perform construction observation. 12 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. 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. C. d. Hold monthly meetings with the contractor, either on site or off site for up to twelve (12) 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 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, Amendment No. 1 1-35 - SPLIT TO MILAM PHASE 2 GANZER LUT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023 5 of 8 DocuSign Envelope ID: 16EE7E28-ADOE-43B7-9728-C84141D8A9B7 schedules, or procedures of construction or to related safety precautions and programs. Assumes up to fifty (50) shop drawings. b. Substitutes and “or-equal” c. 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. d.Provide recommendations to City 7 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 b C. Disagreements between City and Contractor 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. 8.Final Walkthrough and Ptmchlist 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. b.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 fbmishing the work. ENGINEER will not have the authority or responsibility to stop the work of any Contractor. C.Compile punch list from information gathered during final walkthrough with City and Contractor. Amendment No. 1 1-35 - SPLIT TO MILAM PHASE 2 GANZER LEFT STAITON AND GRAVITY SEWER/FORCE MAIN July 28, 2023 6 of 8 DocuSign Envelope ID: 16EE7E28-ADOEdj3B7-9728-C84141D8A9B7 SCHEDULE At a mutually agreed upon date. Compensation The additional services described above will be accommodated by increasing the contract amount by $224,300. The following table summarizes the revised contract amount: Task Original Contract Amendment No. 1 Revised Contract Task 1 – Design Management Task 2 – Alignment Study Task 3 – Preliminary Design Task 4 – Final Design Task 5 – Construction Contract Documents Task 6 – Bid Phase Services Task 7 – Construction Phase Services Task 8 – Record Drawings Preparation Task 9 – Permitting Task 10 – Survey and Easements Task 11 – Easement Acquisition Services Task 12 – Conflict Analysis Task 13 – Lift Station Preliminary Engjneering Report (PER) Task 14 – La Station Prelr Task 15 – Lift Station Bid Phase Services Task 16 – Lift Station Const. Phase Services $5,500 $ 19,700 $ 142,000 $98,600 $4,600 $3,800 $6,600 $5,000 850,200 $80, 100 $80,800 N/A $5,500 $ 19,700 S 142,000 $121,300W2 $ 12,200 D6 $ 16,000 $67,700 850,200 $ 105 ,400 $80,800 W2 $26,000 $26,000 $ 184,300 86,300 $37,600 $ 1 84,300 835,200 $111,700 $28,900 $74, 100 $751,100 $224,300 $975,400 Amendment No. 1 1-35 - SPLIT TO MLLAM PHASE 2 GANZER LUT STArroN AND GRAVITY SEWER/FORCE MAIN July 28, 2023 7 of 8 DocuSign Envelope ID: 16EE7E28-ADOE43B7-9728-C84141D8A9B7 Duly executed by each party’s designated representative to be effective on the date subscribed by the crrY CITY OF DENtON, TEXAS BY: ENGn{EER BY: Kimley-Horn and Associates, Inc Title:Title: John Atkins. Vice President Date:Date: 07/28/2023 Amendment No. 1 1-35 - SPLIT TO MILAM PHASE 2 GANZER LUT STAITON AND GRAVITY SEWER£FORCE MAIN July 28, 2023 8 of 8 [kx:uSign Certificate Of Completion Envelope Id: 16EE7E28ADOE43B79728C84141D8A9B7 Subject: Please DocuSign: City Council Contract 7574-010 135 Split to Milam Phase II Amendment #1 Source Envelope: Status: Completed Document Pages: 11 Certificate Pages: 6 AutoNav: Enabled Signatures: 5 Initials: 1 Envelope Originator: Cori Power 901 B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 8/21/2023 7: 12:12 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Cori Power cori.power@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Timestamp Sent: 8/21/2023 7:20:44 PM Viewed: 8/21/2023 7:20:M PM Signed: 8/21/2023 7:21 :06 PM Completed Using IP Address: 198.49.140.104 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Sent: 8/21/2023 7:21 :07 PM Viewed: 8/22/2023 7:44:59 AM Signed: 8/22/2023 7:45:38 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Mack Reinwand City Attorney City of Denton Security Level: Email, Account Authentication (None) Sent: 8/22/2023 7:45:41 AM Viewed: 8/23/2023 10:08:28 AM Signed: 8/23/2023 10:15:23 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign John Atkins john.atkins@kimley-horn.com Vice President Security Level: Email, Account Authentication (None) Sent: 8/23/2023 10:15:24 AM Viewed: 8/23/2023 9:21 :07 PM Signed: 8/23/2023 9:21 :36 PM Signature Adoption: Pre-selected Style Using IP Address: 134.238.205.73 Electronic Record and Signature Disclosure: Accepted: 8/23/2023 9:21 :07 PM ID: cdcbea80-0f86-4aC)3-9e91-3bdda39cdec2 Signer Events Trevor Crain, PMP Trevor.Crain@cityofdenton.com rector of Capital Projects City of Denton Security Level: Email, Account Authentication (None) Signature Timestamp Sent: 8/23/2023 9:21 :38 PM Viewed: 8/24/2023 8:16:28 AM Signed: 8/24/2023 8:16:58 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted : 8/24/2023 8:16:28 AM ID: 0d2af5eb-8f384f32-9ac3-1827df06a9c8 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Completed Sent: 8/24/2023 8:17:03 AM Viewed: 9/20/2023 10:27:16 AM Signed: 9/20/2023 10:27:50 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 9/20/2023 10:27:52 AM Viewed: 9/20/2023 10:30:01 AM Signed: 9/20/2023 6:12:35 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) 'DoeuSigned br I IMS SaIA4pr .2437C77B897541 D Sent: 9/20/2023 6:12:38 PM Viewed: 9/21/2023 7:47:39 AM Signed: 9/21/2023 7:48:29 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 9/21/2023 7:47:39 AM ID: 4b426dlf-37d9213d2-898b-78a25f9ala9d In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 8/21/2023 7:21 :07 PM Carbon Copy Events Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Status Timestamp Sent: 8/24/2023 8:17:01 AM Viewed: 8/25/2023 9:21 :28 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sent: 9/21/2023 7:48:31 AM Viewed: 9/21/2023 8:06:57 AM Cole Tankersley Cole.Tankersley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/14/2023 10:24:15 AMID: 8d6fe3ea-da2d4116-807e-3aff08dcceaa Sent: 9/21/2023 7:48:33 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 8/21/2023 7:20:44 PM 9/21/2023 7:47:39 AM 9/21/2023 7:48:29 AM 9/21/2023 7:48:33 AM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: John Atkins, Trevor Crain, PMP, Jesus Salazar, Cole Tankersley ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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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 ling SystemsOn Browsers (for SENDERS) Browsers (for SIGNERS) r lternet Explorer 6.0? or above mlet Explorer 6.0?, Mozilla FireFox 1.0 etScape 7.2 (or above) @ccess to a valid email account x Email Screen Resolution Enabled Security Settings •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable Hmp 1.1 settings via roxy connection 88 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. F • P +I + • • •