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8401 - Contract Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF 8401 Christina Dormady Engineering Review Consultant Not Applicable RFQ FEBRUARY 20, 2029 FEBRUARY 20, 2024 24-323 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 13 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES FILE 8401 This AGREEMENT is between the City of Denton, a Texas home-rule municipality ("CITY"), and HR GREEN, INC., with its corporate office at 4508 Colleyville BLVD, Colleyville, TX 76034 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Engineering Facilitation and Civil Plan Review (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. C. Annual report of the total hours billed in reference to pricing structure. For example, total hours for on-site facilitation, average hourly rate, and total charge. This would be the same for off-site engineering. 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 $12,000,000 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. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 2 of 13 SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment A to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 3 of 13 circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations – Intentionally Deleted. D. Preparation of Engineering Drawings – Intentionally Deleted E. Engineer's Personnel at Construction Site – Intentionally Deleted F. Opinions of Probable Cost, Financial Considerations, and Schedules – Intentionally Deleted G. Construction Progress Payments – Intentionally Deleted H. Record Drawings – Intentionally Deleted I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, 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 shall give subconsultant reasonable advance 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 ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 4 of 13 the time copying is performed. J. Insurance ENGINEER agrees to carry the insurance as set forth in Attachment C. 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. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in 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 relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes – Intentionally Deleted O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment B to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents shall engage in any discriminatory employment practice. No person shall, 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 discrimination under any activities resulting from this AGREEMENT. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 5 of 13 (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and ENGINEER’s agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment B. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 6 of 13 (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER’s negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. City will also require that the contractor add ENGINEER as an additional insured, on a primary and non-contributory basis, to contractor’s commercial general liability policy. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under 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 against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 7 of 13 associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement 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. Advance Notice to Proceed: ENGINEER performed certain limited efforts under advanced notice to proceed. Upon execution of this AGREEMENT, ENGINEER shall be eligible to compensation for such and shall submit such efforts or direct costs to the CITY for payment consistent with all applicable terms of the AGREEMENT. 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. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 8 of 13 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 ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days’ written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to 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's compensation will be made. F. Indemnification DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 9 of 13 IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 10 of 13 perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS 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 ENGINEER. L. Prohibition on Contracts with Companies Boycotting Israel Engineer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. 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 boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Sections 2252 and 2270 of the Texas Government Code restricts CITY 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, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Prohibition on Contracts with Companies Boycotting Certain Energy Companies Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the company that it (1) does not boycott energy companies; and (2) will not boycott energy DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 11 of 13 companies during 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 Government Code. By signing this agreement, Engineer certifies that Engineer’s signature provides written verification to 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 be considered a material breach. O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and Firearm Trade Associations Engineer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is prohibited from entering into a contract with 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 against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate against a firearm entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing this agreement, Engineer certifies that Engineer’s signature provides written verification to the City that Engineer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. Failure to meet or maintain the requirements under this provision will be considered a material breach. P. Termination Right for Contracts with Companies Doing Business with Certain Foreign-Owned Companies The City of Denton may terminate this Contract immediately without any further liability if the City of Denton determines, in its sole judgment, that this Contract meets the requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or other designated country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country. Q. Prohibition Against Personal Interest in Contracts No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 12 of 13 constitute impropriety in office, and any officer or employee guilty 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 Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. R. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B – Compensation & Project Schedule Attachment C – Insurance Requirements These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Duly executed by each party’s designated representative to be effective on _____________________________. BY: CITY OF DENTON, TEXAS BY: ENGINEER Sara Hensley, City Manager HR GREEN, INC. Authorized Agent, Title Full Name: ________________________ DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF CEO/President Jason J. Poppen 2/21/2024 City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 13 of 13 ATTEST: JESUS SALAZAR, CITY SECRETARY BY: _______________________________ ________________________________ BY: ENGINEER TEXAS ETHICS COMMISSION CERTIFICATE NUMBER HR GREEN, INC. Authorized Agent, Title Full Name: ________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _________________________ Signature _________________________ Title _________________________ Department Date Signed: ______________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Vice President Principal Timothy J. Hartnett to be provided Director 2/7/2024 Development Services NOVEMBER 29, 2023 City of Denton PROJECT PLAN FOR Engineering Development Review Consultant RFQ #8401 Shailaja (Shaila) Avatapalli, PE, PTOE, CFM 4508 Colleyville Blvd | Suite A Colleyville, TX 76034 Office 682.294.8686 + Cell 740.816.2738 + Fax 713.965.0044 shaila.avatapalli@hrgreen.com Attachment A DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 1 Staff continuity drives project momentum. HR Green is committed to assigning the same individuals, including our key personnel, who have successfully served the City over the years. To further address your priorities, we are prepared to provide value-add capabilities (e.g., small cell/5G compliance, fiber review, inspection, etc.), should the City so desire, to further achieve Denton’s desired development activity. The dynamics and challenges associated with maintaining development momentum complying with applicable standards, laws, and regulations, requires enlisting the services of a seasoned team with flexibility, capacity, customer-orientation, continuity, and strong technical competence. Our staffing structure will continue to maximize close communication, multi-faceted capabilities, rapid response, and accountability of our team to your key City staff. We will provide you with the same team that has been responsible for the development processing success the City has achieved since our engagement in 2018. Key personnel include: Jim Halverson | Principal-in-Charge Since contract inception with Denton, Jim has served in this oversight role. He will continue in this capacity, being accessible and dedicated to your on- and off-site needs. Jim has been instrumental in addressing all of Denton’s key priorities and goals under our engineering facilitation and civil plan review contract. Moreover, his extensive municipal sector planning experience gives him a solid foundation in implementing best practices, processes, and proactive communication with the Development Review Team and developers early and often so reviews are consistently handled in a timely and cost-effective manner. Shaila Avatapalli, PE, PTOE, CFM | Project Manager/Primary Point of Contact + Christian Sy | On-Site Engineering Facilitator Our current on-site Engineering Facilitators, Shaila Avatapalli, PE, PTOE, CFM and Christian Sy, will continue to closely coordinate with developers and various City Departments and provide proactive delivery of timely and efficient reviews in accordance with the timeframes designed by the Development Services Department. Shaila will continue to serve as your primary point of contact. Nic Fitzgerald, PE, and Dan Deeter, PE, will also provide as needed on-site facilitation support when demand is high or if Shaila and/or Christian are not available. All four will work with our off-site reviewers to keep tracking logs current, allowing City staff 24/7 access to the status of development applications, cases, and reviews. All professionals bring a well-rounded engineering, land development facilitation, and on-site extension of staff background that has allowed them to seamlessly transition into Denton’s cultural fabric. Derrik Mills, PE, CFM | Off-Site Civil Plan Review + Site Fire Code Task Lead Derrik will head our off-site civil review team. He has been instrumental in coordinating the off-site review team and also brings directly applicable plan review, FEMA, and drainage review experience for other Texas municipalities. Derrik will be supported by the following staff, all of whom are currently supporting Denton for these services: Israel Gaona, PE, CFM; Katie Snyder, EIT; and Dan Deeter, PE. SPECIALTY REVIEWS All the following task leaders have direct, applicable experience serving the City of Denton. Biosketches of most of these staff members are included later in our Statement of Qualifications: Brian Jahn, PE I Traffic/Transportation Ralph Stark, PE, CFM I Drainage, DSA, LOMR, CLOMR Nic Fitzgerald, PE I Lift Stations Steve Schwarz, PE, SE I Structural Mike Connor I Planning Derrik Mills, PE, CFM I Site Fire Code These individuals will continue to be served by a cadre of plan reviewers who have supported Denton since 2018, proficient in right-of-way/roadway improvements; water and sanitary sewer plans; storm water detention and storm sewers; hydrology and hydraulics; access management review and/or coordination with TxDOT; SWPPP and WOMP reviews; traffic study/TIA review; structural review; and lift station review. Staffing Plan DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 2 Project Manager Jim Halverson n Principal-in-Charge Engineering Development Review Team On-Site Facilitation Christian Sy (FT) Dan Deeter, PE (PT) Legend n Key Personnel City of Denton Shaila Avatapalli, PE, PTOE, CFM n Asst. Project Manager Nic Fitzgerald, PE n Construction Assistance Mike Waltz Robert Makowski Off-Site Civil Review Derrik Mills, PE, CFM n Israel Gaona, PE, CFM Katie Snyder, EIT Dan Deeter, PE 10+ additional staff available Specialty Reviews (as-needed) Traffic / Transportation Brian Jahn, PE n Shaila Avatapalli, PE, PTOE, CFM Drainage, DSA, LOMR, CLOMR Ralph Stark, PE, CFM n Lift Stations Nic Fitzgerald, PE n Structural Steve Schwarz, PE, SE n PlanningMike Connor Derrik Mills, PE, CFM 5+ additional staff available Site Fire CodeDerrik Mills, PE, CFM n Value-Add Services Should the City so desire, HR Green can provide a vast array of qualified staff for these optional services: Building Plan Review Fiber Review Wireless Telecommunications Facility Application Review Land Development Inspection Staff assigned to both on-site positions and off-site assessments must possess certain personal attributes. We assess the individuals’ synergy, technical skills, character, innovation, teamwork, level of being proactive and exhibiting “anticipatory” thought, flexibility, communication skills, and a servant spirit before assigning staff to your City through a thorough vetting process to save the City valuable time and greatly streamline the mobilization process. We will continue to implement a plan that is responsive to your needs, nimble to changing conditions, and matches the right mix of staff to the clearly defined project. Citizens and inter/intra-agency personnel interfacing with HR Green staff must feel they are having the same “transactional business” experience as they would with a City employee. Maintaining clear and open lines of communication among City staff, permit applicants, developers, engineers, regulatory agencies, and other stakeholders are key to successful plan check delivery. This includes excellent interpersonal, listening, and problem-solving skills; detailed documentation; insightful progress and staff reports; electronic plan check tools and tracking logs; mastery of your permitting system; and building consensus to expedite reviews and approvals while mitigating issues in a spirit of constructive dialogue and harmony. The organization chart below shows our reporting structure and task leaders followed by a staff capabilities matrix. All these staff have provided the identical services to Denton as outlined in your Scope of Work. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 3 Our Staff Advantages Continuity of proposed core team experienced serving the City of Denton 75+ staff dedicated to development review and related services Registered engineers and certified plan reviewers and inspectors Proven experience working with automated systems to review, process, and inspect land development projects, including eTRAKiT 20+ years providing electronic plan review to public agencies across multiple states Extensive experience working with rapidly growing public agencies to deliver smart growth aligned to City capital projects Exclusively serve public agencies Proven agency staff and developer engineer/architect training on code interpretation and agency processes Former public agency employees and proven staff augmentation experience Staff Capabilities Matrix Right-of-Way ImprovementsRoadway Infrastructure ImprovementsStormwater Infrastructure ImprovementsWater Infrastructure ImprovementsWastewater Infrastructure ImprovementsHydrology and Hydraulic Modeling Reviews/AssessmenStormwater Prevention Pollution PlansWQMPsAccess Management Reviews/TxDOT CoordinationStructural Engineering ReviewTIA Engineering ReviewSite Fire Code ReviewCoordination with Other City ProjectsPlanning Level Document ReviewProcess ImprovementsReporting / DocumentationInspectionRoadway / StreetsParks / TrailsWater / Sanitary SewerStormwater Hydrology and HydraulicsSWPPPs and WQMPsStructures / FacilitiesFiber / Small CellJim Halverson 35  Shaila Avatapalli, PE, PTOE, CFM 23  Nic Fitzgerald, PE 7  Derrik Mills, PE, CFM 9  Brian Jahn, PE 39  Ralph Stark, PE, CFM 35  Steve Schwarz, PE, SE 35  Christian Sy 1  Dan Deeter, PE 34  Mike Waltz 11  Robert Makowski 17  Israel Gaona, PE, CFM 9  Katie Snyder, EIT 11  Mike Connor 42  40+ more staff 20  Support Staff Key Personnel Development Review Capabilities List of Proposed Staff Project Types Years of ExperienceDenton ExperienceOn-Site Engineering / Staff AugmentationDocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 4 Project Plan Detailed Plan of Services & Timeline When HR Green formed a partnership with the City of Denton in 2018, it was based on a shared interest in evaluating and finding a consistent, methodological way of processing various types of development applications. For the last five years HR Green has strived to not simply be a service provider but a partner that engages in seamless and transparent process that consistently applies standards for applicants as well as the public officials involved in the process. This history started with a desire to review current practices that were associated with the engineering review process and endeavor to clear several open cases within six months. We are pleased to say that we were able to deliver on those expectations and provided engineering plan review, technical support, and facilitation for more than 5,000 applications since inception and delivered on time to meet city deadlines. We worked with City administration to refine the fee structure and adopt an enterprise model with a fee schedule and collection process. Due to changing situations and staffing levels, HR Green has been able to deliver technical services needed by the City. These services have included traffic control plan reviews, building permit reviews, concrete reviews, pump and lift station reviews, TDP traffic controls, and providing construction phase services, determining roadway impact fees and reviewing Exhibit A’s. We have in place a highly interactive team with significant technical depth that is familiar with Denton’s code requirements and standards and provides 24/7 service – even during some holiday seasons. This team continues to be instrumental in contributing developing and using development review checklists and reporting that helps applicants, design professionals, and internal staff understand the development requirements, timelines, and actions. A. ON-SITE PROJECT FACILITATION SUPPORT Actively involved from pre-development through pre-construction. Our current on-site Engineering Facilitators, Shaila Avatapalli, PE and Christian Sy are available immediately and will continue to provide consistent engineering facilitation assistance to the city. In addition, Nic Fitzgerald, PE, and Dan Deeter, PE, will also provide as needed on-site facilitation support when demand is high or if Shaila and/or Christian are not available. All four will work with our off-site reviewers to keep tracking projects, allowing City staff 24/7 access to the status of development applications, cases, and reviews. These professionals have extensive experience in development plan reviews, have a great working relationship with current city staff, and are well versed with Denton Development Code and standards. We acknowledge that the facilitation resources will commit to a maximum of 6,240 combined hours per year. Participate in pre-application meetings with prospective developers and their engineers early in the planning process to provide engineering requirements and collaboratively shepherd projects through to construction. Our team of engineers will take projects from “cradle to grave”. Actively engage with City staff and HR Green engineering technician during weekly project intakes to identify any deficiencies in submittals and make sure all applicable files are submitted for review. Request an HR Green tracking number and send the list of projects to be reviewed with deadlines to off-site team for review. Check City eTRAKiT workspace every day for any new projects or previous projects associated with the site and inform the off-site review team of any additions or changes to deadlines. Review (QA/QC) off-site comments and revise, as required, with input from Development Assistance Team (DAT) meetings and others. Engineering Facilitator posts revised comments to Supporting Docs in City’s eTRAKiT system. Provide assistance to city facilitators for any project review related questions, standards and participate in meetings with development team to clarify comments. Works with city staff in reviewing standards and updating city checklists. Work closely with Denton’s planning team and coordinate with engineering team for city projects, including capital projects, for a common understanding of project goals, the entitlement process, and city expectations to efficiently maintain project momentum. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 5 B. ENGINEERING PLAN REVIEWS The experience and knowledge of HR Green staff is such that both on-site and off-site teams can perform engineering reviews. “LEVELING UP” THE REVIEW PROCESS HR Green has a proven internal plan review coordination process, GreenTREx, so that each plan received is properly processed and returned on time. Our GreenTREx review process/program allows us to efficiently complete plan review tasks concurrently. This is a formalized and integrated process whereby Technicians manage data input and processing, the appropriate staff members Review, and Experienced staff manage quality control functions that are consistently implemented on each and every project. This allows multiple HR Green staff to assist at any phase of the processing, review, and approval. Our GreenTREx process is illustrated on page 7. Civil Engineering Design Plans Most of our plan review team members have more than 20 years of experience providing plan review for grading (mass, preliminary, and detailed), erosion control, SWPPP, hydrology and hydraulic studies, soils reports, streets, street lights, signing and striping, traffic signals, water and sewer plans, storm drains, all supporting calculations, and utility permits including small cell and fiber optics. Each plan is compared to the appropriate site plan, plat, and other improvement plans for the project to verify conformance and no design conflicts. Water, sewer, and storm drain plans are compared to the master plans. The plans also go through a thorough investigation for compliance with the conditions of approval, State, County, and City standards and regulations, Municipal Codes, Ordinances, Resolutions, policies, procedures, checklists, and City approved format/preferences, TXDOT Standard Plans and Specifications, MUTCD, AASHTO, and the Integrated Stormwater Management (iSWM) manuals. All documents are turned around on-time or ahead of schedule. The redlines, a comprehensive comment letter, and checklist(s) are provided to all stakeholders, if necessary. HR Green earnestly seeks to meet or beat your expectations. We are able to meet the most hard-hitting schedules with a near perfect track record. The City of Denton which has an aggressive review schedule, has expectations that we have met or beaten their schedule better than 98% of the time. PLAN REVIEW METHODOLOGY We are proficient in numerous electronic plan review systems. This is critical for larger, multi-disciplined projects where there may be overlap between design disciplines. Comments from each review are summarized electronically by our staff. The designer can add responses to the plans or the corrections memo and include with the next submittal to verify that all comments have been addressed. This approach has been effective in resolving comments at early stages, avoiding repeat comments by reviewers, and coordinating responses among disciplines. STEP 1 - PRELIMINARY DISCUSSIONS Prior to beginning our initial plan review project, the Plan Review Manager and Engineering Technician will review the submittal for completeness and areas of design concern. STEP 2 - INITIAL REVIEW Once HR Green receives a complete set of plan documents, we will perform our plan review in the agreed upon timeframe, checking for compliance to all applicable codes and standards and city checklists. All corrections are identified based on compliance with the following localized specified resources: ▪City of Denton Municipal Code ▪Denton Development Criteria (DDC) ▪City of Denton Design Criteria Manuals ▪City of Denton 2040 Comprehensive Plan ▪2022 Mobility Plan ▪City of Denton Stormwater Management Plan ▪TXDOT standards and regulations ▪MUTCD ▪Integrated Stormwater Technical and Criteria Manuals (iSWM) ▪FEMA Floodplain Regulations ▪Federal ADA regulations (Federal ADA Manual) Marked up plans, the corrections memo, and a transmittal will be uploaded in the city’s eTRAKiT system. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 6 STEP 3 - RESUBMITTALS Upon receipt of the resubmittal package from the applicant, we will verify that the resubmittal package is complete. We will assign the package to the same reviewer who provided the prior review and perform a recheck in the agreed-upon timeframe. This process will be repeated until the project plan documents are ready to be recommended for approval. Upon completion of the second plan review, should there be a significant amount of comments still to be addressed or if there is a significant issue, a meeting between our staff, the City, and the Project Engineer will be coordinated so that all parties understand the expectations. STEP 4 - PLAN APPROVAL Once all engineering comments have been addressed, HR Green recommends approval and uploads the letter and status in the city’s the city’s eTRAKiT system. COMPLETING PROJECTS ON-TIME/ WITHIN BUDGET HR Green has been nationally recognized for delivering efficient and cost-effective plan review and staff augmentation services for some of the nation’s largest developments. We have reviewed plans for the nation’s 10 largest developers, leveraging electronic plan check/ paperless platforms for over 20 years, and are recognized by both municipalities and developers for creating a constructive, win-win review and approval process on time and within budget. TECHNICAL ABILITY AND COMMUNICATION “HR Green has played a key role as the agencies’ plan review and/or inspection consultant on our projects. We have greatly valued their responsiveness/ability to work together to find solutions and coordinate with multiple agencies to facilitate the development process…the technical ability, communication skills, and attention to detail they bring helps to seamlessly navigate our projects through the plan review [process].” Dan Wozniak I Project Manager Pulte Homes EXPERTISE AND FAIRNESS “Lennar and the engineering, building and public works staff (HR Green) have collaboratively worked together to solve many very complex and high profile issues (where HR Green has been the agency representative on our developments). Lennar appreciates the HR Green team’s expertise, fairness, and responsiveness.” Geoff Smith I Vice President Lennar Homes PROFESSIONALISM AND TIMELINESS “Through HR Green’s contract with the County of Orange, our 23,000-acre Rancho Mission Viejo (The Ranch Plan) project has consistently received high quality plan reviews and inspection services delivered in a timely and professional manner.” Sam Couch I Former Vice President-Planning & Entitlement Rancho Mission Viejo, LLC Red-Lined Electronic Comments (Bluebeam Revu) UNWAVERING COMMITMENT “I’ve worked directly with HR Green staff for over 2 years and continue to be impressed by their professionalism, expertise, and genuine best interest ... the staff’s unwavering commitment to compliance, deadlines, and relationships is appreciated.” Brianna Rindge, AICP I Former Community Development Director (now at Lomita, CA) City of Palos Verdes Estates, CA DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 7 HR GREEN’S DEVELOPMENT REVIEW PROCESS City Receives Plans from Applicant + Assigns Project HR Green Receives PDF of Plan Submittals + Enters Information into system Discuss Key Issues with City + Project Manager Budget Hours Distribute Plan to Appropriate Plan Review Team Member(s) Civil Engineering Plans Roadway Infrastructure Improvements SWPPPs / WQMPs Other Review Services Available Upon Request Quality Reviews Finalize Correction/ Approval Memo Log Out Project City / Design Engineer RESUBMITTAL Stormwater Infrastructure Improvements Hydrology and Hydraulics TECHNICIAN REVIEWER EXPERIENCED PROFESSIONAL T R EX Right-of-Way Improvements Water Infrastructure Improvements Wastewater Infrastructure Improvements Access Management Structural Engineering TIA Engineering Planning Level Documents Zoning Compliance Plan Preliminary and Final Plat TxDOT Permit Easement Abandonment Planned Development Amendment and Permit Downstream Study Assessment Annexations DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 8 C. COLLABORATION & MONTHLY REPORTS Augmenting Plan Review Services through Communication. Our Project Manager, Shaila Avatapalli, PE, PTOE, CFM, is an experienced, committed, and hands-on manager. Shaila will be available 100% to the City of Denton during this contract. She actively monitors all services and has a goal to get plans approved at third submittal or sooner. She constantly strives for process improvements and excellence in review work. She will confer and/or meet with the City, developers, engineers, surveyors, and contractors to move projects forward. She will prepare agendas and coordinate with various city staff for projects needing variances from city standards. Monthly Reports HR Green will provide monthly reports to the city, tracking the number of cases, case types, total time and cost per project along with monthly invoice. An example of the invoice is shown below and also uploaded separately. A wealth of data underlying the monthly report can be mined from other softwares used by HR Green including but not limited to Agiline and Vantagepoint. Upon request, the hours spent on each type of review or the individual review itself can be provided. Also, an analysis of the average cost to review through approval certain plan types can be provided. The City can then evaluate the fees collected with each application against the actual effort to review and approve. D. TIMELINE The RFQ indicates that the City will require a five-year commitment. HR Green is fully committed to meet the expectations summarized in the scope of services by continuing to provide competent and responsive technical resources for both off-site plan review and on-site engineering facilitation. HR Green also acknowledges that the development review process has corresponding timeline expectations based on submittal deadlines, periods of review, etc. A synopsis of these timelines are illustrated on the next page Considering our significant involvement in reviewing and/ or helping facilitate more than 5,000 civil engineering plans for the City of Denton, HR Green remains committed to working prescribed timelines. We remain confident in our continued strong relationships with internal staff as well as understanding of your design standards and city requirements. Invoice Total:$223,828.51 Charlie RosendahlCity of Denton, TXDevelopment Services 401 N. Elm StreetDenton, TX 76201 October 19, 2023Project No:180799.02Invoice No:168079 Please Remit To:HR Green, Inc.PO Box 8213Des Moines, IA 50301-8213 1-800-728-7805 Project 180799.02 Denton, TX - Off-Site Eng Plan ReviewProject No. 7192Ordinance 20-751 Added Purchase Order No. 202106 $606,517.50 Email invoice & spreadsheet to Charlie Rosendahl at Charles.Rosendahl@cityofdenton.com and Copy Christian Garcia at Christian.Garcia@cityofdenton.com and Copy Andres Zamudio at Andres.Zamudio@cityofdenton.com Professional Services Through October 13, 2023 Phase 3 Off-Site Engineering Plan Review Task 0000A Project FacilitationProfessional Personnel Hours AmountSenior Professional 19.75 4,338.50Professional12.75 2,166.50Junior Professional 33.50 4,282.50Field Personnel 43.75 4,243.75Admin Coordinator 1.50 142.50Totals111.25 15,173.75Total Labor 15,173.75 $15,173.75Total this Task Task 1168 CEP21-0057: Pneo Building AdditionProfessional Personnel Hours AmountSenior Professional .50 107.50 Junior Professional 2.50 265.50Field Personnel .75 72.75Totals3.75 445.75Total Labor 445.75 $445.75Total this Task Payment is due within 30 days unless prior arrangements are made. Interest of 1.5% per month will be levied on overdue balances. City of Denton Sample Invoice + Supporting Information HRG Task Number City Project # Project Name Date Labor Category Hours/ Units Billing Rate Billing Amount 1488 CEP22-0038 Habitat Village 9/13/2023 Professional 1.00 165.00 165.00 1488 CEP22-0038 Habitat Village 9/18/2023 Professional 0.25 175.00 43.75 1488 CEP22-0038 Habitat Village 9/20/2023 Field Personnel 0.25 97.00 24.25 1488 CEP22-0038 Habitat Village 9/22/2023 Field Personnel 0.25 97.00 24.25 1488 CEP22-0038 Habitat Village 9/22/2023 Professional 0.25 165.00 41.25 1488 CEP22-0038 Habitat Village 9/26/2023 Junior Professional 0.25 130.00 32.50 1488 CEP22-0038 Habitat Village 9/27/2023 Field Personnel 0.25 97.00 24.25 1488 CEP22-0038 Habitat Village 9/29/2023 Field Personnel 0.25 97.00 24.25 1488 CEP22-0038 Habitat Village 10/2/2023 Senior Professional 0.50 215.00 107.50 1488 CEP22-0038 Habitat Village 10/2/2023 Professional 1.00 165.00 165.00 1488 CEP22-0038 Habitat Village 10/4/2023 Junior Professional 1.00 130.00 130.00 1488 CEP22-0038 Habitat Village 10/5/2023 Senior Professional 0.50 215.00 107.50 1488 CEP22-0038 Habitat Village 10/5/2023 Professional 1.25 165.00 206.25 1488 CEP22-0038 Habitat Village 10/9/2023 Professional 0.25 165.00 41.25 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/13/2023 Field Personnel 0.25 97.00 24.25 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/14/2023 Field Personnel 0.25 97.00 24.25 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/22/2023 Professional 2.50 199.00 497.50 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/25/2023 Professional 2.00 199.00 398.00 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/25/2023 Field Personnel 0.25 97.00 24.25 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/25/2023 Professional 0.50 158.00 79.00 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/25/2023 Junior Professional 0.25 105.00 26.25 1543 CEP22-0052 McKinney Mayhill Mixed Use 9/27/2023 Field Personnel 0.25 97.00 24.25 1560 CEP22-0058 Millenium Crest Multifamily 10/4/2023 Junior Professional 0.50 130.00 65.00 1602 CEP22-0064 Sagebrook Ph 3 9/11/2023 Junior Professional 5.50 130.00 715.00 1602 CEP22-0064 Sagebrook Ph 3 9/12/2023 Professional 0.25 165.00 41.25 1602 CEP22-0064 Sagebrook Ph 3 9/12/2023 Junior Professional 5.75 130.00 747.50 1602 CEP22-0064 Sagebrook Ph 3 9/12/2023 Senior Professional 3.50 221.00 773.50 1602 CEP22-0064 Sagebrook Ph 3 9/26/2023 Field Personnel 0.25 97.00 24.25 1602 CEP22-0064 Sagebrook Ph 3 9/28/2023 Field Personnel 0.25 97.00 24.25 1602 CEP22-0064 Sagebrook Ph 3 10/4/2023 Junior Professional 1.00 130.00 130.00 1602 CEP22-0064 Sagebrook Ph 3 10/5/2023 Junior Professional 2.50 130.00 325.00 Engineering Review Monthly Statistics - September 11- Oct 13, 2023 DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 9 Development Submittal Schedules Please use the guide below to determine the appropriate dates to submit for your project. You can access the submittal calendars by clicking the links below related to your specific project type. For more information, or if you have questions about how to use the calendars for your project, contact the Planning Department at (940) 349-7716 or email PlanningTechnicians@cityofdenton.com. Administrative Schedule Alternative Landscape Plan (ALP) Easement Abandonment Request (EAR) Letter of Map Revision (L) Traffic Impact Analysis (TIA) Alternative Tree Plan (ATP) Easement on City-Owned Property (ECO) Street Alley Right of Way Use Agreement (ROWU) Tree Preservation Plan (TPP) FEMA Conditional Letter of Map Revision (CL) Easement Encroachment Agreement (EEA) Street Alley Right of Way Abandonment (ROWA)) Vested Rights (VR) Certificate of Design (DCC) Environmentally Sensitive Area Assessment (ESA) TXDOT Permit (TDP) Zoning Compliance Plan (ZCP) Planned Development/Specific Use Permit (PD/SUP) Schedule Alternative Tree Plan (ATP) Planned Development Amendment (PDA) Amend Master Planned Community (AMPC) Comprehensive Plan Amendment (CA) Planned Development (PD) Specific Use Permits (S) Zoning/Variance Schedule Annexations (A) Alternative Environmentally Sensitive Area (A ESA) Zoning Change (Z) Variance (V) Zoning Board of Adjustments (ZBA) Platting Schedule Amending Final Plat (AFP) Final Plat (FP) Minor Plat (MP) Preliminary Plat (PP) Conveyance Plat (CV) Final Replat (FR) Plat Extension (PE) Plat Vacation (PV) Historic Landmark Commission (HLC) Schedule* *For questions about how to submit for the Historic Landmark Commission, contact Historic Preservation Officer Cameron Robertson at Cameron.Robertson@cityofdenton.com. Certificate of Appropriateness (COA) Historic Landmark (HL) Civil Engineering Plan Schedule Civil Engineering Plans (CEP) Rev. 05/23 DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 10 2022‐24 Administratively Approved Applications   Initial Submittal Date ‐  Applications must be  received by 3:00 PM       Staff Approval/Denial  Letter Sent to  Applicant (12 Business  Days from Application  Date) Resubmittal Due  Date by 3:00 PM  Staff Approval/Denial Letter Sent to  Applicant (12 Business Days from  Submission Date) Applicant Facilitator/Project  Manager Applicant Facilitator/Project Manager Tuesday Thursday Tuesday Thursday Nov 29, 2022 Dec 15, 2022 Dec 27, 2022 Jan 12, 2023 Dec 27, 2022 Jan 12, 2023 Jan 24, 2022 Feb 9, 2022 Jan 10, 2023 Jan 26, 2023 Feb 7, 2023 Feb 23, 2023 Jan 24, 2023 Feb 9, 2023 Feb 28, 2023 Mar 16, 2023 Feb 7, 2023 Feb 23, 2023 Mar 14, 2023 Mar 30, 2023 Feb 28, 2023 Mar 16, 2023 Mar 28, 2023 Apr 13, 2023 Mar 14, 2023 Mar 30, 2023 Apr 11, 2023 Apr 27, 2023 Mar 28, 2023 Apr 13, 2023 Apr 25, 2023 May 11, 2023 Apr 11, 2023 Apr 27, 2023 May 9, 2023 May 25, 2023 Apr 25, 2023 May 11, 2023 May 23, 2023 Jun 8, 2023 May 9, 2023 May 25, 2023 Jun 13, 2023 Jun 29, 2023 May 23, 2023 Jun 8, 2023 Jun 27, 2023 Jul 13, 2023 Jun 13, 2023 Jun 22, 2023 Jul 11, 2023 Jul 27, 2023 Jun 27, 2023 Jul 13, 2023 Jul 25, 2023 Aug 10, 2023 Jul 18, 2023 Aug 3, 2023 Aug 15, 2023 Aug 31, 2023 Aug 1, 2023 Aug 17, 2023 Sep 5, 2023 Sep 21, 2023 Aug 15, 2023 Aug 31, 2023 Sep 19, 2023 Oct 5, 2023 Sep 5, 2023 Sep 21, 2023 Oct 3, 2023 Oct 19, 2023 Sep 19, 2023 Oct 5, 2023 Oct 17, 2023 Nov 2, 2023 Oct 3, 2023 Oct 19, 2023 Oct 31, 2023 Nov 16, 2023 Oct 17, 2023 Nov 2, 2023 Nov 14, 2023 Nov 30, 2023 Oct 31, 2023 Nov 16, 2023 Dec 5, 2023 Dec 20, 2023 Nov 14, 2023 Nov 30, 2023 Dec 19, 2023 Jan 11, 2023 Dec 5, 2023 Dec 20, 2023 Jan 9, 2024 Jan 25, 2024 Jan 9, 2024 Jan 25, 2024 Jul 5, 2022 Jul 21, 2022 Modified Holiday Submittal Date Revision Date: 9/13/2023 DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 11  Initial Submittal Date ‐ Applications  must be received by 3:00 PM         Staff Approval/Denial Letter Sent to  Applicant Resubmittal Date ‐ Responses must  be received by 3:00 PM         Staff Approval/Denial Letter Sent to  Applicant Applicant Facilitator/Project Manager Applicant Facilitator/Project Manager Tuesday Thursday Tuesday Wednesday Dec 13, 2022 Jan 5, 2023 Dec 6, 2022 Dec 20, 2023 Jan 17, 2023 Feb 9, 2023 Jan 17, 2023 Feb 1, 2023Jan 31, 2023 Feb 23, 2023 Jan 31, 2023 Feb 15, 2023 Feb 14, 2023 Mar 9, 2023 Feb 14, 2023 Mar 1, 2023 Feb 28, 2023 Mar 23, 2023 Feb 28, 2023 Mar 15, 2023 Mar 14, 2023 Apr 6, 2023 Mar 14, 2023 Mar 29, 2023 Mar 28, 2023 Apr 20, 2023 Mar 28, 2023 Apr 12, 2023 Apr 11, 2023 May 4, 2023 Apr 11, 2023 Apr 26, 2023 Apr 25, 2023 May 18, 2023 Apr 25, 2023 May 10, 2023 May 16, 2023 Jun 8, 2023 May 16, 2023 May 31, 2023 Jun 6, 2023 Jun 29, 2023 Jun 13, 2023 Jun 28, 2023 Jun 20, 2023 Jul 13, 2023 Jul 11, 2023 Jul 26, 2023 Jul 11, 2023 Aug 3, 2023 Aug 1, 2023 Aug 16, 2023 Jul 25, 2023 Aug 17, 2023 Aug 29, 2023 Sep 13, 2023 Aug 1, 2023 Aug 24, 2023 Sep 12, 2023 Sep 27, 2023 Aug 29, 2023 Sep 21, 2023 Sep 26, 2023 Oct 11, 2023 Sep 12, 2023 Oct 5, 2023 Oct 17, 2023 Nov 1, 2023 Sep 26, 2023 Oct 19, 2023 Oct 31, 2023 Nov 15, 2023 Oct 17, 2023 Nov 9, 2023 Nov 14, 2023 Nov 29, 2023 Oct 31, 2023 Nov 22, 2023 Dec 5, 2023 Dec 20, 2023 Nov 14, 2023 Dec 7, 2023 Jan 3, 2024 Jan 17, 2024 Dec 12, 2023 Jan 4, 2024 Jan 3, 2024 Jan 26, 2024 Revision Date: 9/13/2023 Revision Date: 9/13/2023 2023 CEP Resubmittal Schedule   Modified Holiday Submittal Date 2023‐24 Civil Engineering Plan Applications  Modified Holiday Submittal Date Expectations of City Staff Prompt responses to questions from HR Green. Informing HR Green of any changes to city standards, checklists and expectations. Sharing of any relevant project information. Sharing of information regarding CIP, TxDOT, Master Plans, Real Estate Acquisitions, etc. to assist in overall knowledge of City’s and State’s plans and goals. Inclusion in weekly meetings with City Facilitators and Development Assistance Team (DAT). In addition to HR Green’s five-plus years of experience delivering these services to the City, our team has acquired a multitude of information from the City and State. These experiences enable HR Green resources committed to the development review tasks and empower City resources to focus on competing priorities. Optional Value-Add Services Should the City of Denton seek a more comprehensive development processing solution, HR Green is capable of augmenting your core scope of services outlined in your RFQ with the following services: SMALL CELL I 5G DEPLOYMENT I FIBER & BROADBAND HR Green offers comprehensive capabilities to address small cell/5G deployment and municipal broadband and fiber initiatives throughout the country, including the following in Texas, the cities of Fulshear, McKinney, Sugar Land, and Houston-Galveston Area Council of Governments. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401 City of Denton Page 12 In response to the recent FCC Small Cell Preemption Order, we have helped agencies nationwide maintain a significant amount of authority and flexibility by negotiating win-win outcomes that benefit carriers while addressing key community concerns, such as aesthetics, availability of high-speed telecommunications, and public health and safety. HR Green has provided cities, counties, and special districts with a broad array of services, including assessments, public policy development, design standard development, master planning, plan check, inventorying, permit processing, GIS mapping, network engineering, program management, and inspection. Our staff members have assisted various cities in myriad aspects of small cell deployment, including permit application reviews. We have also consulted to cities as they assess impacts of small cell deployment and how they can leverage their fiber network to foster economic development, enhance quality of life, and improve municipal operational efficiencies. HR Green has also educated cities and the industry through in-house, nationally recognized thought leaders at national symposiums on future proofing options to leverage emerging technologies and smart city solutions, and respond to new legislation/mandates. HR Green’s Small Cell Review Checklist Since HR Green has deep experience in this field, we can offer to implement our well-defined 12-page Small Cell Review Checklist and “overlay” it with Denton’s policy for full compliance. Included among the elements reviewed are typically concerns about meeting aesthetic standards, sight triangle requirements, radio frequency (RF) emissions, noise, etc. Should the City wish to refine its standards after reviewing the HR Green checklist and meeting with our key team members, we would welcome the opportunity to share our experience and enhance Denton’s approach. INSPECTION In order to comply with Greenbook, MS4 Permit, and local design standards, it is important to assign qualified and accredited inspectors to monitor public and private construction work that comply with project plans and specifications. Our inspectors bring extensive land development and CIP public works infrastructure experience. They know community concerns, environmental characteristics, and provide inspection services for projects, regardless of their construction type or size. They handle all inspection services for all types of municipal projects, including developments, encroachment permits, overlay, construction, street maintenance, landscape, traffic signal, drainage, wet/dry utilities, and similar projects. Our staff is dedicated to providing the highest level of customer service and ensuring that all work is in conformance with City requirements and all other applicable design standards, water quality requirements, and codes with detailed daily reports and photographic documentation provided. Our staff utilize field inspection applications and hand held devices (e.g., document in writing, pictures, and report findings weekly to project file) tied digitally to the project design records. Our inspection schedule can be adjusted for fast-track projects to provide a high level of coordination specifically suited to gain compliance with all applicable codes on a shortened timetable. The need to track and assess design changes in the field has created a need for project inspectors to be especially aware of changing conditions. Fast-track projects may be built into small phases based on incremental design and fabrication steps. In such cases, our inspection team keeps daily logs to track corrections and plan review changes. Our inspection team also provides on-call services to cover staff vacation time, peak workloads, specialized inspection activities, and others as needed. These activities may include: Same-day response to important or urgent inspection requests Inspections of a clearly urgent nature (emergencies, serious life-safety concerns, etc.) DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF HRGREEN.COM DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Page 1 of 3 MEMO To: Christina Dormady, City of Denton From: Jim Halverson, HR Green CC: Shaila Avatapalli, HR Green Subject: RFQ 8401 – Engineering Development Review Consultant Date: January 8, 2024 HR Green is pleased to respond to the City of Denton’s request for pricing and schedule regarding the referenced RFQ. HR Green is presenting proposed pricing and underlying assumptions associated with the engineering facilitation (to include up to three on-site resources) and off-site civil plan review services. In addition, we provide the assumed project schedule and have a recommended action item that could be rolled into the final scope of work. Proposed Pricing Structure: The table below summarizes HR Green’s rates1 and underlying annual hourly assumptions. For onsite facilitation, we have a proven team that will perform the onsite work as required by the City without exceeding 120-hrs per week. This has been a consistent practice over the last year utilizing 2 fulltime onsite staff and a team of part time staff to perform onsite work as needed. I would also point out that the rates summarized below are consistent with hourly billing rates applied to work underway. Task Description Estimated Hours Per Year Hourly Rates2 Expenses Estimated Task Fee Per Year Engineering Project Facilitation 6,240 $109 - $223 $10,000 $797,000 - $1,390,000 Engineering Plan Review 6,345 - 9,039 $101 - $272 $0 $925,100 - $1,498,000 Total 10,505 – 14,447 $10,000 $1,722,100 - $2,403,000 Estimated hours are based on a 2,080 hour work year per person; however, the City will only be responsible for effort associated with engineering facilitation and plan review services. All Paid Time Off (PTO), continuing education time to maintain credentials, and other related indirect time will be the responsibility of HR Green. As with previous assignments, HR Green will continue its practice of providing notice to the City when the budget is 80% expended to determine how remaining resources should be committed. As situations warrant, HR Green is 1 A more detailed rate and level of experience table is summarized in Exhibit A. This exhibit is meant to illustrate the depth and associated credentials of the core team. Other resources may be leveraged as work volumes and schedules warrant. 2 Rates are subject to change January 1. Attachment B DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Page 2 of 3 open to working with the City beyond the contract value conditioned that a forthcoming amendment is provided to the City for action retroactive to the period when the contract value has been exhausted. Project Schedule: The referenced RFQ indicated that the project will begin based on issuance of a notice to proceed. In the event that this milestone occurs in February 2024, HR Green will be fully prepared to proceed with the services requested by the City. If the City elects to take this course the designated start date will be based on when the authorization to proceed is delivered. The delivery of services will commence from that date (assume to be 2024) and proceed until 2029. HR Green is open to exploring other project schedule options that the City has in mind. Joint On-Site Work Session: HR Green proposes a joint on-site (i.e., City of Denton, Texas) coordination meeting with the City of Denton development review team. Costs associated with HR Green’s staff participating in this meeting would be solely borne by HR Green. The agenda associated with this one to 1.5 day work session would be developed jointly by the City of Denton and the HR Green development review and engineering facilitation team. Suggested topics could include: improving interorganizational cooperation, identifying and/or refining the development review process, changes in policies and practices, etc. HR Green recommends that a session such as this be conducted at least annually and potentially semi-annually over the term of this contract. Thank you again for the opportunity to move forward with your evaluation. We welcome the opportunity to answer any remaining questions you may have. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Page 3 of 3 Exhibit A: Hourly Rate & Experience Table Task Description Position Hourly Rate Experience Engineering Project Facilitation ($109-$232 per hour) Sr. Engineering Facilitator $232 Over 20 years’ experience and a licensed Professional Engineer in Texas Engineering Facilitator/Assist. Project Mgr. $172 At least five years’ experience and a licensed Professional Engineer in Texas Jr. Engineering Facilitator $109 Under five years’ experience with a degree in Engineering Engineering Plan Review ($101-$272 per hour) Plan Tech. $101 Background and experience in plan intake, monitoring review process, and report development Engineering Plan Reviewer & Fire Code Resource $230 Approximately nine years’ experience and a licensed Professional Engineer in Texas and experience with fire code design and compliance Engineering Plan Reviewer $172 Over 20 years’ experience and a licensed Professional Engineer Engineering Plan Reviewer $165 Nearly 10 years’ experience and a licensed Professional Engineer Engineering Plan Reviewer $137 Over five years’ experience and a degree in Engineering Engineering Plan Reviewer/Coordination $192 Over 10 years’ experience in access management reviews, coordination with other city projects, inspection, and related needs Engineering Plan Reviewer/Coordination $178 Nearly 20 years’ experience with a variety of reviews including right-of-way, stormwater infrastructure, and access management Plan Review Tech $206 Over 20 years’ experience in plan review with an emphasis in transportation planning Structural Engineer $218 Over 20 years’ experience in structural engineering and a licensed Professional Engineer Transportation Engineer $272 Over 20 years’ experience in transportation engineering and a licensed Professional Engineer in Texas Stormwater Engineer $230 Over 20 years’ experience in stormwater, hydrology, and hydraulic engineering and a licensed Professional Engineer DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Engineering Review Consultant - 8401 INSURANCE REQUIREMENTS Respondent’s attention is directed to the insurance requirements below. It is highly recommended that respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal/Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low respondent fails to comply strictly with the insurance requirements, that respondent may be disqualified from award of the contract. Upon c o n t r a c t a w a r d , a l l i n s u r a n c e r e q u i r e m e n t s shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of contract award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to proposal/bid opening, since the insurance requirements may not be modified or waived after proposal/bid opening unless a written exception has been submitted with the proposal/bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- or better. • Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees, and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Attachment C DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Engineering Review Consultant - 8401 • Liability policies shall be endorsed to provide the following: o Name as Additional Insured the City of Denton, its Officials, Agents, Employees, and volunteers. o That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled before the expiration date. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. COMMERCIAL GENERAL LIABILITY INSURANCE Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Engineering Review Consultant - 8401 Operations, Independent Contractors, and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. B. WORKERS’ COMPENSATION and EMPLOYERS LIABILITY INSURANCE Workers’ Compensation within the regulations of the Texas Workers’ Compensation Act. The minimum policy limits for Employers Liability are: Bodily Injury by Accident: $100,000.00 Each Accident Bodily Injury by Disease: $100,000.00 Each Employee Bodily Injury by Disease: $500,000.00 Policy Limit NOTES: a. If CONTRACTOR will not be providing services under the contract at a City facility, has no employees and/or is operating as a sole owner and single operator, CONTRACTOR shall provide a signed letter, with the current date, on official letterhead stating such to meet the requirement. b. If CONTRACTOR is a non-subscriber or is self-insured CONTRACTOR shall provide a copy of its Certificate of Authority to Self-Insure from the Texas Department of Insurance, Division of Workers’ Compensation Self Insurance Regulation Program, evidence of alternative coverage and internal safety and injury coverage policies and procedures. C. BUSINESS AUTOMOBILE LIABILITY INSURANCE Business Automobile Liability Insurance covering owned, hired, and non- owned vehicles, with a minimum combined single limit for bodily injury (including death) and property damage limit of $500,000.00 per occurrence. NOTE: a. If CONTRACTOR does not have owned, hired and non-owned autos or vehicles and/or no autos or vehicles will not be used in the performance of services under the contract, CONTRACTOR shall provide a signed letter, with the current date, on official letterhead stating such to meet the requirement for owned autos. D. PROFESSIONAL LIABILITY INSURANCE If CONTRACTOR is a licensed or certified person who renders professional services, then Professional Liability Insurance to provide coverage against any claim which the CONTRACTOR becomes legally obligated to pay as DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Engineering Review Consultant - 8401 damages arising out of the performance of professional services caused by any negligent error, omission or act with minimum limits of $1,000,000.00 per claim, $2,000,000.00 annual aggregate. SUBCONTRACTING LIABILITY (1) Without limiting any of the other obligations or liabilities of the CONTRACTOR, the CONTRACTOR shall require each Subcontractor performing work under the contract, at the Subcontractor's own expense, to maintain during the engagement with the CITY, types and limits of insurance that are appropriate for the services/work being performed, comply with all applicable laws and are consistent with industry standards. The Subcontractor’s liability insurance shall name CONTRACTOR as an additional insured. (2) CONTRACTOR shall obtain and monitor the certificates of insurance from each Subcontractor. CONTRACTOR must retain the certificates of insurance for the duration of the contract and shall have the responsibility of enforcing insurance requirements among its subcontractors. The CITY shall be entitled, upon request and without expense, to receive copies of these certificates. DocuSign Envelope ID: 4760EDE4-98DD-403C-BE84-4B4E5CEF4AAF Certificate Of Completion Envelope Id: 4760EDE498DD403CBE844B4E5CEF4AAF Status: Completed Subject: Please DocuSign: City Council Contract 8401 Engineering Review Consultant Source Envelope: Document Pages: 35 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Christina Dormady AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 christina.dormady@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 2/7/2024 3:17:14 PM Holder: Christina Dormady christina.dormady@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christina Dormady christina.dormady@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 2/7/2024 3:22:30 PM Viewed: 2/7/2024 3:22:42 PM Signed: 2/7/2024 3:22:59 PM 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: 2/7/2024 3:23:00 PM Viewed: 2/7/2024 3:24:03 PM Signed: 2/7/2024 3:25:34 PM 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: 2/7/2024 3:25:37 PM Viewed: 2/7/2024 4:40:49 PM Signed: 2/7/2024 4:41:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Timothy J. Hartnett thartnett@hrgreen.com Vice President Principal Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 4.38.175.90 Sent: 2/7/2024 4:41:27 PM Viewed: 2/7/2024 4:57:25 PM Signed: 2/7/2024 5:10:52 PM Electronic Record and Signature Disclosure: Accepted: 2/7/2024 4:57:25 PM ID: abd8e0d8-e7bf-416c-b0ed-0225bb7bbb49 Signer Events Signature Timestamp Jason J. Poppen jpoppen@hrgreen.com CEO/President Green Companies, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 38.142.19.82 Sent: 2/7/2024 4:41:27 PM Viewed: 2/7/2024 4:43:33 PM Signed: 2/7/2024 4:54:36 PM Electronic Record and Signature Disclosure: Accepted: 2/7/2024 4:43:33 PM ID: c50b609a-8a29-4534-af86-36057a59b0b3 Scott McDonald Scott.mcdonald@cityofdenton.com Director Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 75.18.40.142 Signed using mobile Sent: 2/7/2024 5:10:54 PM Viewed: 2/7/2024 5:21:27 PM Signed: 2/7/2024 5:22:22 PM Electronic Record and Signature Disclosure: Accepted: 2/7/2024 5:21:27 PM ID: bfcdad62-4eb2-444b-990c-5031fd0d2a56 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: 2/7/2024 5:22:26 PM Viewed: 2/21/2024 8:43:41 AM Signed: 2/21/2024 8:43:53 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: 47.190.47.120 Signed using mobile Sent: 2/21/2024 8:43:55 AM Viewed: 2/21/2024 9:04:02 AM Signed: 2/21/2024 9:04:35 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 2/21/2024 9:04:37 AM Viewed: 2/21/2024 10:50:47 AM Signed: 2/21/2024 10:54:32 AM Electronic Record and Signature Disclosure: Accepted: 2/21/2024 10:50:47 AM ID: 43dee107-bf6a-42f5-9d0a-ec797e1c3a93 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: 2/7/2024 3:23:01 PM Viewed: 2/7/2024 3:36:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 2/7/2024 5:22:24 PM Viewed: 2/8/2024 8:10:54 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 2/21/2024 10:54:35 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Charlie Rosendahl Charlie.rosendahl@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 2/21/2024 10:54:36 AM Electronic Record and Signature Disclosure: Accepted: 9/1/2023 1:19:34 PM ID: 9eacd901-8cd3-4a60-8c2c-c969979098ce Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/7/2024 3:22:30 PM Certified Delivered Security Checked 2/21/2024 10:50:47 AM Signing Complete Security Checked 2/21/2024 10:54:32 AM Completed Security Checked 2/21/2024 10:54:36 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. 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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. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Timothy J. Hartnett, Jason J. Poppen, Scott McDonald, Jesus Salazar, Charlie Rosendahl 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.. 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