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24-323ORDINANCENO. 24-323 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH HR GREEN, INC., FOR ENGINEERING REVIEW OFPRIVATE DEVELOPMENT PROJECTS FOR THE DEVELOPMENT SERVICESDEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 8401 – AWARDEDTO HR GREEN, INC., IN THE FIVE (5) YEAR NOT-TO-EXCEED AMOUNT OF $ 12,000,000.00). WHEREAS, HR Green, Inc., the professional services provider (the “Provider”) set forth in this ordinance, is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, this procurement was undertaken as part of the City’s governmental function;and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees published by the professional associations applicable to the Provider’s profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or their designee, is authorized to enter into the service contract attached hereto with HR Green, Inc., for engineering review of private development projects for the Development Services Department. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve .this ordinance was made by ChriS u+H S and„„„d,d by Aki - Byr J . Thi, &dy th,following vote [X- 1]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2 : Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: -ZC-LI ,/ PASSED AND APPROVED this the aDIL day of february , 2024. GERARD H ISN ATTEST:JESUS SALAZA CITY SECRETARY L\\\111111 IIIDEN r APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY QDigitally signed by Marcella LunnDN: dc=com, dc=cityofdenton, dc=codad, ou=Department Users and Groups, email Date: 2024.02.08 08:49:36 -06'00' DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF DENTON Docusign City Council Transmittal Coversheet 8401RFQ File Name I Englneerlng Revlew Consultant Purchasing Contact ch' i; ti" ' D ''"'dy City C,,n,iIT,rg,t Dat, - =’--"~* 20’ 2024 Piggy Back Option Contract Expiration Ordinance Not App1 icab1 e FEBRUARY 20, 2029 24-323 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONALSERVICESFILE 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 760:M and authorized to do business in Texas, ("ENGINEER"), for aPROJECT 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 agreesto perform, professional engineering services set forth in the Scope of Servicesattached hereto as Attachment A. These services shall be performed in connectionwith the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall notpay 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 resultingfrom 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 thisAGREEMENT 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 beconsidered full compensation for all labor, materials, supplies, and equipmentnecessary 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 continuefor 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 theCITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 1 of 13 DocuSign Envelope ID: 4760EDE4-98DD403C-BE842IB4E5CEF4AAF 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 thisAGREEMENT. Invoices for the uncontested performance of the particularservices are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of anybalance 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 willbe withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interestwill 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 7days' written notice to CITY, suspend services under this AGREEMENT untilpaid in full. In the event of suspension of services, the ENGINEER shall haveno liability to CITY for delays or damages caused the CITY because of suchsuspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITYs professional engineering representative underthis 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 engineerspracticing in the same or similar locality and under the same or similar City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 2 of 1 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill andcare 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 afterfinal payment under this AGREEMENT, have access to and the right toexamine and photocopy any directly pertinent books, documents, papers andrecords of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal workinghours to all necessary ENGINEER facilities and shall be provided adequate andappropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advancenotice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreementshereunder a provision to the effect that the subconsultant agrees that the CITYshall, until the expiration of five (5) years after final payment under thesubcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such suk)consultant,involving transactions to the subcontract, and further, that the CITY shall haveaccess during normal working hours to all subconsultant facilities, and shall beprovided adequate and appropriate work space, in order to conduct audits incompliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intendedaudits (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 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 3 of 13 DocuSign Envelope ID: 4760EDE4-98DD403C-BE842IB4E5CEF4AAF 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 asubcontractor, 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 thesigning 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 mayrequest the ENGINEER to assist the services of a qualified subcontractor tomanage 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 perAttachment 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, onthe grounds of race, sex, sexual orientation, age, disability, creed, color, genetictesting, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 4 of 13 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER andENGINEER’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 informationprovided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for theENGINEER's performance of its services. The CITY will perform, at no cost to theENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITYs facilities as may be required in connection with the ENGINEER's services. TheCITY will be responsible for all acts of the CITYs 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 federalauthorities; and land, easements, rights-of-way, and access necessary for theENGINEER'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, insurancecounselor, 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 timelymanner in accordance with the PROJECT schedule prepared in accordance withAttachment 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'sservices or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 5 of 13 DocuSign Envelope ID: 4760EDE4-98DDz103C-BE84JtB4E5CEF4AAF (1) CITY acknowledges ENGINEER will perform part of the work at CITY'sfacilities that may contain hazardous materials, including asbestos containingmaterials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. Inconsideration of the associated risks that may give rise to claims by thirdparties 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, releaseor escape of hazardous substances, contaminants, or asbestos is a result ofENGINEER’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 forcontractor 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 aprimary 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, andsubcontractors, 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 CITYand 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 shallhave no third-party beneficiary rights under this AGREEMENT. (4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 6 of 1 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844&tE5CEF4AAF associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacementcost 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 requestedassistance 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, thisAGREEMENT shall be amended or a separate agreement will be negotiated between theparties K. Changes The CITY may make or approve changes within the general Scope of Services in thisAGREEMENT. If such changes affect the ENGINEER's cost of or time required forperformance 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 awritten 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 tocompensation for such and shall submit such efforts or direct costs to the CITY forpayment consistent with all applicable terms of the AGREEMENT. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of theENGINEER, whether in hard copy or in electronic form, are instruments of service for thisPROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration bythe 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 CITYs sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 7 of 1 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE84JIB4E5CEF4AAF C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts ofGod, 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 toENGINEER. b.by either the CITY or the ENGINEER for cause if either party failssubstantially to perform through no fault of the other and the nonperforming party does not commence correction of suchnonperformance within 5 days’ written notice or thereafter fails todiligently 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. Outof-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 thework 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 CITYS 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 theconvenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of theENGINEER's personnel and subcontractors, and ENGINEER's compensation will bemade F. Indemnification City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 8 of 13 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINSTLIABILITY FOR ANY DAMAGE COMMIrrED BY THE ENGINEER OR ENGINEER’SAGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICHTHE ENGINEER EXERCISES CONTROL TO THE EXrENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONALTORT, INTELLECTUAL PROPERTY INFRINGEMENT. OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATrORNEY’S FEES IN PROPORTION TO THE ENGINEER’SLIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior writtenconsent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation 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 beinvalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitywill not affect any other provision, and this AGREEMENT shall be construed as if suchinvalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F., 6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws andregulations and with all City ordinances and regulations which in any way affect thisAGREEMENT and the work hereunder, and shall observe and comply with all orders, lawsordinances and regulations which may exist or may be enacted later by governing bodieshaving jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFYAND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS ANDEMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OFTHE 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 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 9 of 13 DocuSign Envelope ID: 4760EDE4-98DDJ103C-BE84-4B4E5CEF4AAF perform work under this AGREEMENT, including completing the Employment EligibilityVerification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee whoperforms work under this AGREEMENT. ENGINEER shall adhere to all Federal andState 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 performsuch services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THISPARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have theright to immediately terminate this AGREEMENT for violations of this provision byENGINEER L. Prohibition on Contracts with Companies Boycotting Israel Engineer acknowledges that in accordance with Chapter 2271 of the TexasGovernment 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 thecontract. The terms “boycott Israel” and “company” shall have the meanings ascribed tothose terms in Section 808.001 of the Texas Government Code. By signing thisagreement, Engineer certifies that Engineer’s signature provides writtenverification to the City that Engineer: (1) does not boycott Israel; and (2) will notboycott Israel durIng the term of the agreement. Failure to meet or maintain therequirements 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 contractingwith companies that do business with Iran, Sudan, or a foreign terrorist organization.By signing this agreement, Engineer certifies that Engineer’s signature provideswritten 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 toreceive payments under this agreement by doing business with Iran, Sudan, or aforeign terrorist organIzation. Failure to meet or maintain the requirements under thisprovision will be considered a material breach. N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the companythat it (1) does not boycott energy companies; and (2) will not boycott energy City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 10 of 1 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF 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 theTexas Government Code. By sIgning this agreement, EngIneer certifies thatEngineer’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 Entitiesand Firearm Trade Associations Engineer acknowledges that in accordance with Chapter 2274 of the TexasGovernment Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains written verification from the companythat it (1) does not have a practice, policy, guidance, or directive that discriminatesagainst a firearm entity or firearm trade association; and (2) will not discriminate duringthe 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 Chapter2274 of the Texas Government Code. By sIgnIng this agreement, Engineer certifiesthat 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 discriminateduring the term of the contract against a firearm entity or firearm tradeassociation. Failure to meet or maintain the requirements under this provision will beconsidered a material breach. P. Termination Right for Contracts with Companies Doing Business with CertainForeign -Owned Companies The City of Denton may terminate this Contract immediately without any further liabilityif 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 controlledby individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother 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 performanceof any solicitation shall have a financial interest, direct or indirect, in the Contractresulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in theCity Charter chapter 2 article XI(Ethics). Any willful violation of this section shall City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22Page 1 1 of 1 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE84-+B4E5CEF4AAF constitute impropriety in office, and any officer or employee guilty thereof shall besubject to disciplinary action up to and including dismissal. Any violation of thisprovision, with the knowledge, expressed or implied, of the Contractor shall render theContract voidable by the City. The Contractor shall complete and submit the City’sConflict of Interest Questionnaire. R. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entireAGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may beexecuted in one or more counterparts and each counterpart shall, for all purposes, bedeemed an original, but all such counterparts shall together constitute but one and thesame instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT: Attachment A - Scope of Services Attachment B – Compensation & Project ScheduleAttachment 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 inany of the provisions of the AGREEMENT documents, the inconsistency or conflict shallbe resolved by giving precedence first to the written AGREEMENT then to theAGREEMENT 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. pgP/l93ecuted by each party’s designated representative to be effective on BY:CITY OF DENTON, TEXAS BYENGINEERHR GREEN, INC 'DocuSigned by:1 Aah ,3, Pqrub CEO/PresIdent–M15MhEMzed Agent, Title DocuSlgned by:I SMA A%& 5”mBgfWHensley, City Manager Full Name: 3as'n J - Papper1 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 12 of 1 3 DocuSign Envelope ID: 4760EDE4-98D[H03C-BE84JtB4E5CEF4AAF to be provided BYENGINEER HR GREEN, INC. TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER vi ce PreS1 dent Pri nclpa1 !nt, Title Full Name: Tlmothy I . Hartnett APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY DocuSlgned bW IBA„mIlk lw'4B070831B4AA438.THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operationalobligations and business terms. ATTEST:JESUS SALAZAR, CITY SECRETARY 'DoeuSlgned by:b%„ s„„w'2437C77B897541 D poeuSigned byL Di rector Title Development ServIces Department Date Signed: 2/7/2024 City of Denton, TexasStandard Agreement for Engineering Related Design ServicesRevised Date: 3/22/22 Page 13 of 1 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF Attachment A City of Denton PROJECT PLAN FOR Engineering Development Review ConsultantRFa #8401HR(Breen. Building Communities.Improving Lives.NOVEMBER 29, 2023 ={ -.-.- I!!r; dIa lrab:rI= r h H•I L = A,aId X; b_f+n/FIt !) Shailaja (Shaila) Avatapalli, PE, PTOE, CFM 4508 Colleyvi ile Blvd i Suite A Colleyville, TX 76034 Office 682.294.8686 + Cell 740.816.2738 + Fax 713.965.0044 shaila.avatapalli@hrgreen.com DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF Staffing Plan 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 cel1/5G compliance, fiber review, inspection, etc.), should the City so desire, to further achieve Denton’s desired development activity. 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 1 Off-Site Civil Plan Review+ Site Fire Code Task LeadThe 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: Derrik will head our off-site civit 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 Jim Halverson I Principal-in-Charge SPECIALTY REVIEWS 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. 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 1 Traffic/Transportation Ralph Stark, PE, CFM I Drainage, DSA, LOMR, CLOMR Nic Fitzgerald, PE I Lift Stations Steve Schwarz, PE, SE 1 Structural Mike Connor I Planning Shaila Avatapalli, PE, PTOE, CFM 1 Project Manager/Primary Point of Contact + Christian Sy 1 011-Site Engineering Facilitator Derrik Mills, PE, CFM 1 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 rnanagernent review and/or coordination with TxDOT; SWPPP and WOMP reviews; traffic study/TIA review; structural review; and lift station review, 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, I REI r I e n o E : E 1:fEE ::To: D E V E L 0 P N1 E N T R E V 1 E W CONSULTANT = RF Q 8401 , "+*U$!!HIS HladIal Page 1 .nHla DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF 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, City of Denton Principal-in-Charge Jim Halverson • Project Manager Shaila Avatapalli, PE, PTOE, CFM • • Key Personnel Asst. Project Manager Nic Fitzgelald, PE • Engineering Development Review Team Dn-Site Facilitation Christian Sy (FT)Dan Deeter, PE (PT) Off-Site Civil Review Specialty Reviews (as-needed) Derrik Mills, PE, CFM • Israel Gaona. PE. CFM Katie Snyder, EITDan Deeter, PE 10+ additional staff available Traffic / TransportationBrian Jahn, PE • Shaila Avatapalli, PE, PTOE, CFM Drainage, DSA, LOMR, CLOMR Ralph Stark, PE, CFM • Construction Assistance Lift Stations Nic Fitzgerald, PE •Value-Add Services Structural Steve Schwarz, PE, SE •Mike Waltz Robert Makowski Should the City so desire, HR Green can provide a vast array of qualified staff for these optional services:PlanningMike Connor Derrik Mills, PE, CFM 5+ additional staff availableBuilding Plan ReviewFiber Review Wireless Telecommunications Facility Application ReviewLand Development Inspection Site Fire Code Derrik Mills, PE, CFM • PI e n e E : : 1 :fEE :i: En D E V E L 0 P M E N T R E V 1 E W C 0 N S U nANT = RF 08401 _anaRId alaalIH Page 2ala DocuSign Envelope ID: 4760EDE4-98DD403C-BE84'+B4E5CEF4AAF Staff Capabilities Matrix Development Review CapabilitiesiUlC(BCaa'=33a 7)a IigC) g b HR@en, i g b } i BRg g ga888gg,};SE:gil u ?i lgaac g!List of Proposed Staff Jim Halverson Shaila Avatapalli, PE, PTOE, CFM Nic Fitzgerald, PE Derrik Mills, PE, CFM Brian Jahn, PE Ralph Stark, PE, CFM Steve Schwarz, PE, SE /J + T/ /Tr/T/T/ 7 Christian Sy Dan Deeter, PE Mike Waltz Robert Makowski Israel Gaona, PE, CFM Katie Snyder, EFT Mike Connor 7 V 40+ more staff ;FTHETaaaaaaaaFaBTaR aHBaaFr ’ Our Staff Advantages k 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 b Extensive experience working with rapidly growing public agencies to deliver smart growth aligned to City capital projects b Exclusively serve public agencies I' Proven agency staff and developer engineer/architect training on code interpretation and agency processes > Former public agency employees and proven staff augmentation experience H R G r I e n D E : : 1:fEE :I = En D E V E L 0 P 1M E N T R E V 1 E W CONSULTANT - RFa 8401 Page 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE842IB4E5CEF4AAF Project Plan Detailed Plan of Services & Timeline needed on-site faciIItation 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, 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. b 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", b Actively engage wIth City staff and HR Green engineering technician during weekly project intakes to identify any deficiencies in submlttals and make sure all applicable files are submitted for review. 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, b Request an HR Green tracking number and send the list of projects to be reviewed with deadlines to off-site team for review. b 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.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, b 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 eTR AKiT system . b Provide assistance to city facilitators for any project review related questions, standards and participate in meetings with development team to clarify comments,A. ON-SITE PROJECT FACILITATION SUPPORT b Works with city staff in reviewing standards and updating city checklists. Actively involved from pre-development through pre-construction. > 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 rnalntain project momentum, b Our current on-site Engineering Facilitators, Shatla 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 asmHRGreen e aIdENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFa 8401 City of Denton Page 4 DocuSign Envelope ID: 4760EDE4-98DD403C-BE84zIB4E5CEF4AAF B. ENGINEERING PLAN REVIEWS PLAN REVIEW METHODOLOGY The experience and knowledge of HR Green staffis such that both on-site and off-site teams can perform engineering reviews. 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. “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 !echnicians 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. OurGreenTREx process is illustrated on page 7. 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 designconcern . STEP 2 - INITIAL REVIEW Civil Engineering Design Plans 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: 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.• City of Denton Municipal Code 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. • Denton Development Criteria (DDC) • City of Denton Design Criteria Manuals • City of Denton 2040 Comprehensive Plan • 2022 Mobility Plan 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 schedulebetter than 98% of the time. • 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 eTFIAKiT system H R1 G rI e n o E : : 1:fEE :iTo: D E V E L 0 P IV1 E N T REVIEW CONSULTANT RFa 8401 Page 5 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF 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 significantamount 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 Red-Lined Electronic Comments (Bluebeam Revu) 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.EXPI.iiTISE AND FAIRNESS COMPLETING PROJECTS ON-TIME/ WITHIN BUDGET “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). Lennarappreciates the PR fileen team’s expertise, fai: glass, and responsiveRC ss.” 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. 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 time:y and professionalmanner.” 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 abi lily, communication skills, and attention to detail they bring helps to seamlessly navigate our projects through the plan review [process]." Sam Couch I Former Vice President-Planning & Entitlement Rancho Mission Viejo, LLC Dan Wozniak I Project Manager Pulte Homes UNWAVERING CC)MMITM ENT “I've worked directly with HR Green staff for over 2 years and continue to be impressed by their professionalis,n, 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 [–tB ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFQ 8401[%M. City of Denton Page 6 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF HR GREEN’S DEVELOPMENT REVIEW PROCESS ;III TEE/T R EX pvil Engineering Plans HR Green Receives PDF of Plan Submittals + Enters information into system Right-of-Way Improvements Roadway tnfraiiFlfciR _Improvements Stormwater tnfrastricture ImprovementsDiscuss Key Issueswith City + Project Manager Water tnfrastructuTe Improvement? Quality Reviews IWastewater Infrastructure ImprovementsCity Receives Plans from Applicant LJ 1 Budget Hours+ Assigns Project M+mc Finalize Correction/ I .I city / Approval Memo 1 Tl Design EngineerSWPPPs / WQMPs Access Management Distribute Plan to Appropriate Plan Review Team Member(s) Structural Engineering Log Out Project TIA Engineering PEanning Level Documents Zoning Compliance Plan [Preliminary and Final Plat TxDOT Permit Easement Abandonment Planned DevelopmentAmendment and Permit Downstream Study Assessment Annexations Other Review Services Available Upon Request TECHNICIAN REVIEWER EXPERIENCED PROFESSIONAL La ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFa 8401RM. City of Denton Page 7 DocuSign Envelope ID: 4760EDE4-98DDJK)3C-BE844B4E5CEF4AAF C. COLLABORATION & MONTHLYREPORTS 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 Augmenting Plan Review Services throughCommunication. 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. 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 technica resources for both off-site plan review and on-site engineering facilitation. Monthly Reports 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 pageHR 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,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. City of Denton Sample Invoice + SupportingInformation Pbeu RemIt To: HR Green, bc.PO Box 8213Du H$inn, K 5030142131400072807&05HRGreen=== CharSe Ro+endahl City of Denton. TXDeveblxTwlt Services401 N. Ekn Saeet DwHm. TX 76201 Prqea Prwd No. 7192OrdInance 20.751 Adhd Purtttan Order No. 202 October 19, 2023 PqHt No: 180799.02IRWIn No: 168079 kwan Tent 8223,82851 HRG Task Number 1 CIty Project #Project Name StatistIcs 1. Oct 13. 2023 IBillingLabor CategoryDate 1 : Dental TX . O#3ltB Eng Ptar Rwnw 125 206.25lasDOEII\al nun a 8preoctsheet IO ChaIn ResentIaM a ! and ,IT ChdRlan Garda at a„d coy A',d'H Za.„ma at Andre$.Zamvdi9@gityQfdenten.mm Z023 £tE$tMnMn JMw==Matt tElgeejfulv£e=uwwwwww==___=w=M______== _aTask CXXX)A Project FaalaaBm S+r#xPlul+ssnnal 19 75 4.338.SOPK#w8aH 12.75 2, r 66.SOarnhr Prryfus&laI 33.n 4.282.50Feb Pv90rlnel 43.75 4.243.75 Admin C<xxdlnaw 1.50 142.50 Total Labor Pmfusbn•l P•nonnel Hour•Arnnrl T 2 5.173.75 Task 1168 CEP214XJ57; Pneo auld ng AUdI bon S•rex Prxrb$8k>naI A 107 50lzkv PrxrbsaxH ISO 265.50FIeU Per90nr+ n 72.75 Q8#TTRr##6 An wefm 30cHwwbu PW anvlWb Remade.hWUd 1 5% pv WTB wa be bnedonwerOuebabnae• Teal this Tuk S445.75 H Amounl Totab 3.75 US.75Total L•bw as.75 Praf••P•rsar Eda ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFa 8401mM. City of Denton Page 8 _,aSIIB DocuSign Envelope ID: 4760EDE4-98DDJ103C-BE84J+B4E5CEF4AAF DENTON 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) Alternative Tree Plan (ATP)Easement on Property (ECO) Street Alley Right of Way Use It (ROWU) FEMA Conditional Letter of Map Revision (CL) Easement Encroachment Agreement (EEA) Street Alley Right of Way lent (ROWA))Vested Rights (VR) Certificate of Design (DCC)Environmentally Sensitive Area Assessment (ESA)TXDOT Permit {TDP)Plan (ZCP)Zoning Planned Development/Specific Use Permit (PD/SUP) Schedule Alternative Tree Plan (ATP)Planned Amendment (PDA) Amend Master Planned Community (AMPC) Comprehensive Ptan t (CA)Planned It (PD)Specific Use Permits (S) Zoning/Variance Schedule Annexations (A) Alternative ltally Sensitive Area (A ESA) Zoning Change (Z)Zoning Board oflents 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 t eness (caA)Historic Landmark (HL) Civil Engineering Plan Schedule Rev. 05/23 [–-a ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFa 8401Film;. City of Denton Page 9 DocuSign Envelope ID: 4760EDE4-98DD403C-BE84-IB4E5CEF4AAF ini8r#tiiely ApprQ%ed-ApplicatiorLS[mmmal !DaW@ Applications must be received by 3:00 PM Mf# ApidoLetter Sent to Applicant (12 Business Days from Applicatil Date) P Date by 3:00 PM Staff Approval/Denial Letter Sent to Applicant (12 Business Days from Submission Date) Applicant Facilitator/Project Manager Thursday Dec 15, 2022 Jan 12, 2023 Jan 26, 2023 Feb 9, 2023 Feb 23, 2023 Mar 16, 2023 Mar 30, 2023 Apr 13, 202®l Apr 27, 2023 May 11, 2023 May 25, 2023 Jun 8, 2023 Jun 22, 2023 Jul 13, 2023 Aug 3, 2023 Aug 17, 2023 Aug 31, 2023 Sep 21, 2023 Oct 5, 2023 Oct 19, 208 Nov 2, 2023 Nov 16, 2023 Nov 30, 2023 Applicant Facilitator/Project Manager Tuesday NoW\ 2BM2l2] Dec 27, 2022 Jan 10, 2023 Jan 24, 202{33 Feb 7, 2023 Feb 28, 2023 Mar 14, 2023M023 Apr 11, 2023 Apr 25, 2023 May 9, 2023 May 23, 2023 Jun 13, 20}a Jun 27, 2023 Jul 18, 2023 Aug 1, 2023 Aug 15, 2023 Sep 5, 2023 Sep 19, 2023 Oct 3, 2gE28] Oct 17, 2023 Oct 31,}@ Nov 14, 2023 Dec 5, 2023 Jan 9, 2024 'IH Tuesday Dec 27, 2022 Jan 24, 2022 e Feb 28, 2023 Mar 14, 2023 Mar 28, 2023 Apr 11, 2023 Apr 25, 2023 May 9, 2023 May 23, 2023 Jun 13, 2023 Jun 27, 2023 Jul 11, 2023 Jul 25, 2023 Aug 15, 2023 Sep 5, 2023 Sep 19, 2023 Oct 3, 2023 Oct 17, 2023 Oct 31, 2023 Nov 14, 2023 Dec 5, 208] Thursday Jan 12, 2023 Feb 9, 2022 Feb 23, 2023 Mar 16, 2023 Mar 30, 2023 Apr 13, 2023 Apr 27, 2023 May 11, 2023 May 25, 2023 Jun 8, 20® Jun 29, 2023 Jul 13, 2023 Jul 27, 2023 Aug 10, 2023 Aug 31, 2023 Sep 21, 2023 Oct 5, 2023 Oct 19, 2023 Nov 2, 2023 Nov 16, 2023 Nov 30, 2023 JarEl HM 3 Jan 25, 2024 Revision Date:9/13/2023 –a ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFa 8401TM, City of Denton DocuSign Envelope ID: 4760EDE4-98D[H03C-BE84zIB4E5CEF4AAF 2023-24 Civil Engineering Plan Applicationsa -e - Apa[jIIEEI Letter?HIII must be received by 3:00 PM 2023 CEP Resubmittal Schedulee Sent to be received by 3:DO PM Applicant Applicant Tuesday Dec 13, 2022 Jan 17, 2023 Jan 31, 2023 Feb 14, 2023 Feb 28, 2023 Mar 14, 2023 Mar 28, 2023 Apr 11, 2023 Apr 25, 2023 16, 2023 Jun 6, 2023 Jun 20, 2023 Jul 11, 2023 Jul 25, 2023 Aug 1, 2023 Aug 29, 2023 Sep 12, 2023 Sep 26, 2023 Oct 17, 2023 Oct 31, 2023 Nov 14, 2023 Dec 12, 2023 Jan 3, 2024 Facilitator/Project Manager TiFi:m Feb 9, 2023 Feb 23, 2023 Mar 9, 2023 Mar 23, 2023 Apr 6, 2023 20, 2023 4, 2023 May 2023 Jun 8, 2023 2023Jun 2023Jul 3, 2023 17, 2023 Sep 21, 2023 Oct 5, 2023 Oct 19, 2023 Nov 9, 2023 Nov 22, 2023 Mc 7, 2023 Jan 4, 2024 Jan 26, 2024 TI Dec 6, 2022 Jan 17, 2023 Jan 31, 2023 Feb 14, 2023 Feb 2023 a Mar 28, 2023 Apr 11, 2023 Apr 25, 2023 May 16, 2023Jun 13. 2023 Jul 11, 2023 1, 2023 Aug 29, 202312, 2023 Sep 26, 2023Oct 17. 2023 Oct 31, 2023 Nov 14, 2023 [JMa3XZ@R Facilitator/Project Manager Wednesdaybiziii:-m Feb 15, 2023 Mar 1, 2023 Mar 15, 2023 Mar 29, 2023 May 31, 2023 Jun 28, 2023 Jul 26, 2023 Aug 16, 2023 13. 2023 Sep 27, 2023 Oct 11, 2023 Nov 1, 2023 Nov 15, 2023 L R;IT;T::Pa Revision Date: 9/13/2023 Revision Date: 9/13/2023 Expectations of City Staff b Prompt responses to questions from HR Green. b Informing HR Green of any changes to city standards, checklists and expectations. > Sharing of any relevant project information. b 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:LOOKINGFOR WAR SMALL CELL 1 5GDEPLOYMENT I FIBER & BROADBAND HR Green offers comprehensive capabilities to address small cel1/5G 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 ofGovernments. H R G r L e n o E : $ 1:fEE :\ IT :n D E V E L 0 P N1 E N T R E V 1 E W C 0 ySULTANT - RFa 8401 Page 11 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF 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, 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. 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. 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 ona 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,) 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. ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFa 8401 City of Denton Page 12 DocuSign Envelope ID: 4760EDE4-98DDJK)3C-BE844B4E5CEF4AAF HRGreen . >HRGREEN.COM DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B4E5CEF4AAF Attachment B HRGreen MEMO To: From: Christina Dormady, City of Denton Jim Halverson, HR Green CC:Shaila Avatapalli, HR Green Subject : Date: RFQ 8401 – Engineering Development Review Consultant January 8, 2024 HR Green is pleased to respond to the City of Denton’s request for pricing and schedule regarding the referenced RFC). 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 Engineering Project Facilitation Engineering PlanReview Total Estimated Hours Hourly Rates2Per Year $109 - $2236,240 Expenses $ 10,000 Estimated Task Fee Per Year $797,000 - $1,390,000 6,345 - 9,039 10,505 – 14,447 $101 - $272 SO $925,100 - $1,498,000 $1,722,100 - $2,403,00010,000 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 andschedules warrant 2 Rates are subject to change January 1. Page 1 of 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE844B+E5CEF4AAF HRGreen 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. Page 2 of 3 DocuSign Envelope ID: 4760EDE4-98DD403C-BE84'+B4E5CEF4AAF HRGreen Exhibit A: Hourly Rate & Experience Table Task Description Position HourlyRate $232 Experience Engineering Project Facilitation ($109-$232 per hour) Sr. Engineering Facilitator Over 20 years’ experience and a licensed Professional Engineer in Texas At least five years’ experience and a licensed Professional Engineer in Texas Under five years’ experience with a degree in Engineering Background and experience in plan intake, monitoring review process, and report development Approximately nine years’ experience and a licensed Professional Engineer in Texas and experience with fire code design and compliance Over 20 years’ experience and a licensed Professional Engineer Nearly 10 years’ experience and a licensed Professional Engineer Over five years’ experience and a degree in Engineering Over 10 years’ experience in access management reviews, coordination with other city projects, inspection, and related needs Nearly 20 years’ experience with a variety of reviews including right-of-way, stormwater infrastructure, and access management Over 20 years’ experience in plan review with an emphasis in transportation planning Over 20 years’ experience in structural engineering and a licensed Professional Engineer Over 20 years’ experience in transportation engineering and a licensed Professional Engineer in Texas Over 20 years’ experience in stormwater, hydrology, and hydraulic engineering and a licensed Professional Engineer Engineering Facilitator/Assist. Project Mgr.$172 $109Jr. Engineering Facilitator Plan Tech.$101 Engineering Plan Reviewer & Fire Code Resource $230 Engineering Plan Reviewer $172 $165 5137 Engineering Plan Reviewer Engineering Plan Reviewer Engineering Plan Review ($101-$272 per hour) Engineering Plan Reviewer/Coordination $192 Engineering Plan Reviewer/Coordination $178 Plan Review Tech $206 Structural Engineer $218 Transportation Engineer $272 $230Stormwater Engineer Page 3 of 3 DocuSign Envelope ID: 4760EDE4-98DDJ103C-BE84zIB4E5CEF4AAF Attachment C INSURANCE REQUIREMENTS Respondent’s attention is directed to the insurance requirements below. It is highlyrecommended that respondents confer with their respective insurance carriers or brokers to determine in advance of Proposal/Bid submission the availability of insurancecertificates and endorsements as prescribed and provided herein. If an apparent low respondent fails to comply strictly with the insurance requirements, that respondent maybe disqualified from award of the contract. Upon contract award , allinsurance requirements shall become contractual obligations, which thesuccessful contractor shall have a duty to maintain throughout the course of thiscontract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of theContractor, the Contractor shall provide and maintain until the contracted workhas been completed and accepted by the City of Denton, Owner, the minimuminsurance coverage as indicated hereinafter. As soon as practicable after notification of contract award, Contractor shall filewith the Purchasing Department satisfactory certificates of insurance includingany applicable addendum or endorsements, containing the contract number andtitle 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 toproposal/bid opening, since the insurance requirements may not be modifiedor waived after proposal/bid opening unless a written exception has beensubmitted with the proposal/bid. Contractor shall not commence any workor deliver any material until he or she receives notification that the contract hasbeen accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirementsshall comply with the following general specifications, and shall be maintained incompliance with these general specifications throughout the duration of theContract, 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 orself-insured retentions with respect to the City, its officials, agents, employees,and volunteers; or, the contractor shall procure a bond guaranteeing payment oflosses and related investigations, claim administration and defense expenses. Engineering Review Consultant - 8401 DocuSign Envelope ID: 4760EDE4-98DD-K)3C-BE844B4E5CEF4AAF •Liability policies shall be endorsed to provide the following: o Name as Additional Insured the City of Denton, its Officials, Agents,Employees, and volunteers. 0 That such insurance is primary to any other insurance available to theAdditional Insured with respect to claims covered under the policy and thatthis insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall notoperate to increase the insurer's limit of liability. o Provide a Waiver of Subrogation in favor of the City of Denton, itsofficials, agents, employees, and volunteers. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelledbefore 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 thiscontract and, without lapse, for a period of three years beyond the contractexpiration, 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 thatincludes a general annual aggregate limit providing for claims investigation or legaldefense costs to be included in the general annual aggregate limit, theContractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. •Should any required insurance lapse during the contract term, requests forpayments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by thiscontract, 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 shalladditionally comply with the following specifications, and shall be maintained incompliance with these additional specifications throughout the duration of theContract, 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 Engineering Review Consultant - 8401 NOTE a DocuSign Envelope ID: 4760EDE4-98DD403C-BE84JtB4E5CEF4AAF 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 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. S 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 autosor 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 Engineering Review Consultant - &101 DocuSign Envelope ID: 4760EDE4-98DD403C-BE84~+B4E5CEF4AAF 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 engagementwith the CITY, types and limits of insurance that are appropriate for theservices/work being performed, comply with all applicable laws and are consistentwith industry standards. The Subcontractor’s liability insurance shall nameCONTRACTOR 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 insurancerequirements among its subcontractors. The CITY shall be entitled, upon request and without expense, to receive copies of these certificates. Engineering Review Consultant - 8401 [k>cuSign Certificate Of Completion Envelope Id: 4760EDE498DD403CBE&14B4E5CEF4AAF Subject: Please DocuSign: City Council Contract 8401 Engineering Review Consultant Source Envelope: Document Pages: 35 Certificate Pages: 6 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC+)6:00) Central Time (US & Canada) Status: Completed Signatures: 6 Initials: 1 Envelope Originator: Christina Dormady 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 Christina Dormady christina.dormady@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Signature Timestamp Sent: 2/7/2024 3:22:30 PM Viewed: 2/7/2024 3:22:42 PM Signed: 2/7/2024 3:22:59 PM Completed Using IP Address: 198.49.140.10 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 2/7/2024 3:23:00 PM Viewed: 2/7/2024 3:24:03 PM Signed: 2/7/2024 3:25:34 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 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) 'DoauSigned byE IALArtLLh£ahH.4B070831B4AA438 Sent: 2/7/2024 3:25:37 PM Viewed: 2/7/2024 4:40:49 PM Signed: 2/7/2024 4:41 :24 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Not Offered via DocuSign Timothy J. Hartnett thartnett@hrgreen.com Vice President Principal Security Level: Email, Account Authentication(None) DoeuStgn8d by:1 Dahl J. kaFkait Sent: 2/7/2024 4:41 :27 PM Viewed: 2/7/2024 4:57:25 PM Signed: 2 a/2024 5:10:52 PM Signature Adoption: Pre-selected Style Using IP Address: 4.38.175.90 Electronic Record and Signature Disclosure:Accepted: 2/7/2024 4:57:25 PMID: abd8eOd8-e7bf41 6c-bOed-0225bb7bbb49 Signer Events Jason J. Poppen jpoppen@hrgreen.com CEO/President Green Companies, Inc. Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 2/7/2024 4:41 :27 PM Viewed: 2/7/2024 4:43:33 PM Signed: 2/7/2024 4:54:36 PM Signature Adoption: Pre-selected Style Using IP Address: 38.142.19.82 Electronic Record and Signature Disclosure:Accepted: 2/7/2024 4:43:33 PMID: c50b609a-8a294534-af86-36057a59bOb3 Scott McDonald Scott.mcdonald@cityofdenton.com Director Security Level: Email, Account Authentication (None) goalSWd bpEWARD4585119FH0407 Sent: 2/7/2024 5:10:54 PM Viewed: 2/7/2024 5:21 :27 PM Signed: 2/7/2024 5:22:22 PM Signature Adoption: Drawn on Device Using IP Address: 75.18.40.142 Signed using mobile Electronic Record and Signature Disclosure:Accepted: 2/7/2024 5:21 :27 PMID: bfcdad624eb22144b-990c-5031fdOd2a56 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Completed Sent: 2/7/2024 5:22:26 PM Viewed: 2/21/2024 8:43:41 AM Signed: 2/21/2024 8:43:53 AMUsing IP Address: 198.49.140.10 Sara Hensley sara .hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) 'DocuSlgnBd br I SAM H&++It? .5236DB296Z70423 Sent: 2/21/2024 8:43:55 AM Viewed : 2/21/2024 9:04:02 AM Signed: 2/21/2024 9:04:35 AM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Jesus Salazar jesus.salazar@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 2/21/2024 9:04:37 AM Viewed: 2/21/2024 10:50:47 AM Signed: 2/21/2024 10:54:32 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted : 2/21/2024 10:50:47 AMID: 43dee107-bf6a212f5-9dOa-ec797elc3a93 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Status Timestamp Certified Delivery Events Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Status Timestamp Sent: 2/7/2024 3:23:01 PM Viewed: 2/7/2024 3:36:20 PM Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 2/7/2024 5:22:24 PM Viewed : 2/8/2024 8:10:54 AM City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Sent: 2/21/2024 10:54:35 AM Viewed: 2/21/2024 4:06:28 PM Charlie Rosendahl Charlie.rosendahl@cityofdenton.com Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Accepted: 9/1/2023 1:19:34 PMID: 9eacd901-8cd34a60-8c2c-c969979098ce Sent: 2/21/2024 10:54:36 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 2 n/2024 3:22:30 PM 2/21/2024 10:50:47 AM 2/21/2024 10:54:32 AM 2/21/2024 10:54:36 AM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Timothy J. Hartnett, Jason J. Poppen, Scott McDonald, Jesus Salazar, Charlie Rosendahl 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. 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