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.
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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
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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
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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.
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(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.
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(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
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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.
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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
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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
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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
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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
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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
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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
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Attachment A
City of Denton
PROJECT PLAN FOR
Engineering Development Review ConsultantRFa #8401HR(Breen.
Building Communities.Improving Lives.NOVEMBER 29, 2023
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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
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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
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Staff Capabilities Matrix
Development Review CapabilitiesiUlC(BCaa'=33a
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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
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Christian Sy
Dan Deeter, PE
Mike Waltz
Robert Makowski
Israel Gaona, PE, CFM
Katie Snyder, EFT
Mike Connor
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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
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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
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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
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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
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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
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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:
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DwHm. TX 76201
Prqea
Prwd No. 7192OrdInance 20.751
Adhd Purtttan Order No. 202
October 19, 2023
PqHt No: 180799.02IRWIn No: 168079
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StatistIcs 1. Oct 13. 2023
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Total Labor
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Eda ENGINEERING DEVELOPMENT REVIEW CONSULTANT - RFa 8401mM. City of Denton Page 8
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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
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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. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent’ form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing @cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS):
Windows2000? or WindowsXP?
Internet Explorer 6.0? or above
mlet Explorer 6.0?, Mozilla FireFox 1.07.2 (or aboveNetScal
Access to a valid email account
800 x 600 minimum
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaroxy connection
88 These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree’ button below.
By checking the ’I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.