Ordinance No. 13,458ORDINANCE NO. 13,458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH
ABERCROMBIE PLANNING + DESIGN FOR CONSULTING SERVICES RELATED
TO THE FIRE TRAINING FACILITY - PHASE III PROJECT; AUTHORIZING
FUNDS IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-
FIVE THOUSAND AND N0/100 DOLLARS ($125,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to a Professional Services Agreement with Abercrombie
Planning + Design for consulting services related to the Fire Training Facility - Phase III Project. A copy
of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes funds payable to
Abercrombie Planning + Design in an amount not to exceed ONE HUNDRED TWENTY-FIVE
THOUSAND AND N0/100 DOLLARS ($125,000.00) for professional services in accordance with the
agreement approved in Section 1 hereof.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of
Baytown this the 27h day of April, 2017.
ATTEST:
In_1 9oaoacaa°saa
LEYFICIA BRYSCH, City Cler oeV0.
APPROVED AS TO FORM: °
,�! !•OiIC(paaaa•n �t� jI
JgA!:?M1ORAMIREZ, SR., Cit ttorney
Council of the City of
DONCARLOS,
11COBFS011Legal\Karen\FileslCity Counci1l0rdinances\2017Wpri127\AbercrombieAgreement4FireTrainingFacility-Pbaselll.doc
Exhibit "A"
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This Agreement (this "Agreement") entered into by and between Abercrombie Creative LLC,
d/b/a Abercrombie Planning + Design (the "Professional") and the City of Baytown, a home -rule
municipality located in Harris and Chambers Counties, Texas (the "City").
1. Scope of Services/Professional Fees
This Agreement authorizes Professional to perform consulting services for the design and
construction of the Baytown Fire Training Center Project, Phase Ill, which includes, but is not
limited to, the following:
➢ A single story training classroom building including offices, student lounge,
restrooms and storage areas - building to be approximately 6,100 square feet;
➢ An industrial prop and or props for industry training located in the industrial area on
the master plan;
➢ An approximately 1,600 square foot pre-engineered metal storage structure;
➢ Additional paving and roadwork providing access to new classroom building and
props;
Sanitary sewer, water, and power for the overall build -out -- utilities to be provided
up to edges of pavement provided in Phase III so utilities can be extended in future
phases without removing pavement; and
Landscape per the City ordinance.
(the "Project" or the "Work") for and on behalf of the City. The compensation for Professional
shall be on the basis described in Exhibit "A" and shall not exceed ONE HUNDRED TWENTY
THOUSAND AND NO/100 DOLLARS ($120,000.00). Reimbursable expenses not exceeding
FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) will be paid as described in Exhibit
"B." The time schedules for the Work will be commensurate with the design and construction of
the Work. The scope of the work is as detailed in Exhibit "C." Each of these Exhibits "A"
through "C" is incorporated into this Agreement by reference for all purposes.
2. Progress Reports
Professional shall provide written progress reports to the City regarding the Work and oral
reports as requested. Such progress report shall identify the projected time and cost required by
the Professional to complete the remaining phases of the Work required under this Agreement.
3. Personnel of the Professional
a. Professional's Project Manager
Professional shall designate Tommy L. Abercrombie to serve as Project Manager
for the Work performed under this Agreement. Any change of Project Manager
shall require thirty days' advance written approval from the City's Representative.
b. Data on Professional's Employees
Prior to commencement of the Work, Professional shall forward to the City a
detailed resume of the personnel that will be assigned to the Work. Such
personnel shall include, but not be limited to, engineers.
C. Rejection of Professional's Employees
fhe City reserves the right to approve or reject from the Work any employees of
the Professional.
4. Designation and Duties of the City's Representative
a. The City's Director of Engineering or his designee shall act as the City's
Representative.
b. The City's Representative shall use his best efforts to provide nonconfidential City
records for Professional's usage on the Work and to provide access to City's
property and easements. However, the City does not guarantee the accuracy or
correctness of the documents so provided. Nothing contained herein shall be
construed to require the City to provide such records in any certain format. The
format in which the existing data and documentation will be provided shall be at
the sole discretion of the City.
5. Standards of Performance
a. The Professional shall perform all services under this Agreement with the care and
skill ordinarily used by members of Professional's profession practicing under the
same or similar circumstances, time and locality.
Professional shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Professional shall correct such deficiencies without additional
compensation.
b. Codes and Standards
(1) All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the order for any
necessary equipment is made by the City or that the construction specified
is bid by the City.
(2) If any such equipment is specially manufactured, it shall be identified to the
City, and the Contractor and the Seller shall present sufficient data to the
City to support the design and the suitability of the equipment.
(3) All materials furnished on any City project shall be in accordance with
ASTM, ACI, TxDOT, and AASHTO specifications, and with other
recognized standards. Proprietary material or other materials for which no
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generally recognized standards exist may be used provided there has been
at least five years of proven experience in the field, and such satisfactory
documentation has been approved by the City's Representative.
(4) The Work shall be executed and furnished in accordance with the most
current codes and/or standards adopted by city, state, or federal government
or in general custom and usage by the profession.
(5) The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Contractor or the Professional
if superior methods are available for successful operation of equipment
and/or for the construction project on which the Work is performed. Any
alternative codes or regulations used shall have requirements that arc
equivalent or better than those in the above listed codes and regulations.
The Professional shall state the alternative codes and regulations used.
(6) Professional agrees the services it provides as an experienced and qualified
professional will reflect the professional standards, procedures and
performances common in the industry for this project. Professional further
agrees that any analysis, reports, preparation of drawings, the designation
or selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
(7) Professional shall promptly correct any defective analysis caused by
Professional at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Professional's services hereunder or of the
Work itself shall in no way alter Professional's obligations or the City's
rights under this Agreement. As applicable, Professional shall provide the
City with record "as -built" drawings relating to the work, in an electronic
format that is acceptable to the City. City shall be in receipt of record
drawings, if applicable, prior to final payment.
6. Schedule
Professional shall not proceed with the Work or any stage thereof until written notice to proceed
is provided by the City's Representative.
7. Instruments of Service
Upon execution of this Agreement, Professional grants to the City an ownership interest in the
Instruments of Service. Professional shall obtain similar interests from the City and Professional's
consultants consistent with this Agreement. Professional shall tender to City all Instruments of
Service. With such ownership interest, it is expressly understood by the parties hereto that the City
may use the Instruments of Service for any purposes which the City sees fit, including, but not
limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Work. Provided
that this Agreement is not terminated for cause by the City, the City shall release any and all claims
which the City could make arising out of or in connection with any reuse of the documents by the
City.
8. Insurance
Professional shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the Work hereunder by Professional, its
agents, representatives, volunteers, employees or subconsultants.
a. Professional's insurance coverage shall be primary insurance with respect to the
City, its officials, employees and agents. Any insurance or self-insurance
maintained by the City, its officials, employees or agents shall be considered in
excess of Professional's insurance and shall not contribute to it. Further,
Professional shall include all subconsultants, agents and assigns as additional
insureds under its policy or shall furnish separate certificates and endorsements for
each such person or entity. All coverages for subconsultants and assigns shall be
subject to all of the requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
1. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products & Completed Operations Aggregate: $1,000,000
■ Personal & Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage $50,000
■ Waiver of Subrogation required.
■ Coverage shall be broad form.
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
Business Automobile Policy
■ Combined Single Limits: $500,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required.
Errors and Omissions
■ Limit: $1,000,000 for this Project.
■ Claims -made form is acceptable
■ Coverage will be in force for three (3) years after construction of
the Project is completed.
4. Workers' Compensation
■ Statutory Limits
■ Employer's Liability $500,000
■ Waiver of Subrogation required.
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b. The following shall be applicable to all policies of insurance required herein.
Insurance carrier for all liability policies must have an A.M. Best Rating of
A:VII or better.
2. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
3. Liability policies must be on occurrence form. Errors and Omissions can
be on claims -made form.
4. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and
Omissions Policy required herein.
6. Upon request and without cost to the City, certified copies of all insurance
polices and/or certificates of insurance shall be furnished to the City.
7. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
8. All insurance required herein shall be secured and maintained in a
company or companies satisfactory to the City, and shall be carried in the
name of Professional. Professional shall provide copies of insurance
policies required hereunder to the City on or before the effective date of
this Agreement.
9. Indemnilication and Release
PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS
THE "CITY") FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND
LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR
INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO
ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT TO
THE EXTENT ARISING OUT OF, OR IN CONNECTION WITH AN
W
ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE
PROFESSIONAL OR THE PROFESSIONAL'S AGENT,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH THE PROFESSIONAL EXERCISES CONTROL
(COLLECTIVELY PROFESSIONAL'S PARTIES). IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
PROFESSIONAL AND THE CITY, THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY
PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY
FROM THE CONSEQUENCES OF PROFESSIONAL'S PARTIES'
OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE
AS WELL AS THE PROFESSIONAL'S PARTIES' INTENTIONAL
TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND
FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY
SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING
FROM THE PERSONAL INJURY, DEATH, OR PROPERTY
DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS
FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE
PROFESSIONAL'S PARTIES. IN THE EVENT THAT ANY
ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY
FROM WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL
FURTHER AGREES AND COVENANTS TO DEFEND THE
ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CITY. THE INDEMNITY PROVIDED HEREINABOVE
SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION
OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Contract or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. Professional assumes full responsibility for its work
performed hereunder and hereby releases, relinquishes and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
or other third parties) and any loss of or damage to property (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with
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Professional's work to be performed hereunder. This release shall apply with
respect to Professional's work regardless of whether said claims, demands, and
causes of action are covered in whole or in part by insurance.
10. Subcontractors and Subconsultants
Professional shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with Subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
11. Termination of Professional
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon ten (10) days' written notice from the City Manager to
Professional of the City's election to do so. Furthermore, the City may immediately and without
notice terminate this Agreement if Professional breaches this Agreement. A breach of this
Agreement shall include, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Professional or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Professional;
(d) the dissolution of Professional;
(e) refusing or failing to prosecute the Work or any separable part, with the
diligence that will ensure its completion within the time specified in this
Agreement;
(f) failing to complete work wthin the time period specified in this
Agreement; and/or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Professional shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Professional shall submit a final statement showing in detail the
services satisfactorily performed and accepted and all other appropriate documentation required
herein for payment of services. At the same time that the final statement is tendered to the City,
Professional shall also tender all of Professional's work product, whether complete or not, in an
acceptable form and format to the City's Representative. No final payment will be made until all
work product is so tendered.
If this Agreement is terminated for cause, Professional shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in
completing Professional's work. The rights and remedies of the City in this section are in
addition to any other rights and remedies provided by law or under this Agreement.
12. Records
Within ten days of the City's request and at no cost to the City, the City will be entitled to review
and receive a copy of all documents that indicate work on the project that is the subject of this
Agreement.
13. Supervision of Professional
Professional is an independent contractor and the City neither reserves nor possesses any right to
control the details of the Work performed by Professional under the terms of this Agreement.
14. Billing
The Professional shall invoice the City not more than once a month. The City shall have thirty
(30) days to pay Professional's bills from the date of receipt of such bills. All bills must identify
with specificity the work or services performed and the date(s) of such work or services. In the
event of a disputed or contested invoice, the parties understand and agree that the City may
withhold the portion so contested, but the undisputed portion will be paid.
15. Indebtedness.
If Professional, at any time during the term of this agreement, incurs a debt, as the word is
defined in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately
notify the City's Director of Finance in writing. If the City's Director of Finance becomes aware
that the Professional has incurred a debt, the City's Director of Finance shall immediately notify
the Professional in writing. if the Professional does not pay the debt within 30 days of either
such notification, the City's Director of Finance may deduct funds in an amount equal to the debt
from any payments owed to the Professional under this Agreement, and the Professional waives
any recourse therefor.
16. Reputation in the Community
Professional shall retain a high reputation in the community for providing professional services.
Professional shall forward a copy of any current petition or complaint in any court of law which
(a) asserts a claim for $50,000 or more for errors or omissions in providing professional services
and/or (b) seeks to deny the Professional the right to perform any other services in the state of
Texas.
17. Payroll and Basic Records
a. Professional shall maintain payrolls and basic payroll records during the course of
the work performed under this Agreement and shall preserve them for a period of
three years from the completion of the work called for under this Agreement for all
personnel working on such work. Such records shall contain the name and address
of each such employee, social security number, correct classification, hourly rates
of wages paid, daily and weekly number of hours worked, deductions made and
actual wages paid.
b. Professional shall make the records required to be maintained under the preceding
subsection (a) of this section available at no cost to the City for inspection,
copying or transcription or its authorized representatives within fifteen days of the
City's request therefor. Professional shall permit such representatives to interview
Professional's employees during working hours on the job.
18. Governing Law
This Agreement has been made under and shall be governed by the laws of the state of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris
County, Texas.
19. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,
postpaid and registered or certified, and addressed to the party to be notified, with return receipt
requested, or by delivering the same to an officer of such party. Notice deposited in the mail as
described above shall be conclusively deemed to be effective, unless otherwise stated in this
Agreement, from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For the Professional:
ABERCROMBIE CREATIVE LLC, D/B/A ABERCROMBIE PLANNING + DESIGN
Attn: Tommy L. Abercrombie
3508 Overton Park
Fort Worth, Texas 76109
Each party shall have the right from time to time at any time to change its respective
address and each shall have the right to specify a new address, provided that at least fifteen (15)
days' written notice is given of such new address to the other party.
20. No Third Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit Professional and the City only.
21. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Professional
hereby agree that no claim or dispute between the City and Professional arising out of or relating
to this Agreement shall be decided by any arbitration proceeding including, without limitation,
any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable
State arbitration statute, including, but not limited to, the Texas General Arbitration Act,
provided that in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, Professional consents to be joined in the arbitration proceeding if Professional's
presence is required or requested by the City of complete relief to be recorded in the arbitration
proceeding.
22. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
23. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Professional
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may
only be amended by written instrument approved and executed by both of the parties. The City
and Professional accept and agree to these terms.
24. No Assignment
Professional may not sell or assign all or part interest in the Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
25. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
26. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
27. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
28. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
m
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the _ day of , 2017, the
date of execution by the City Manager of the City of Baytown.
ABERCROMBIE CREATIVE LLC, d/b/a
ABERCR BIE CANNING + DESIG
(Signattecr
M PAV Z. Aems,,- , e—
(Printed Name) t %Jf�
P�, n (-" Del
(Title)
CITY OF BAYTOWN
RICHARD L. DAVIS
City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS
COUNTY OF TARRANT § �LCMfoil)k
Before me on this day crsonally appeared�a +�n+�^�I in his
capacity as of Abercrombie Creative LLC, d/b/a Abercrombie
Planning + Design, on"behalf of such limited liability company,
11
known to me;
proved to me on the oath of ; or
proved to me through his current _
description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this V'day of,p t 2017.
ota Public in and for to of Texas
+tom KATFIU:EN V. UBMTI
MY COMMISSION EXPIRES 1
May 28, 2018 If
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EXHIBIT A
COMPENSATION
Compensation
Compensation for services required under this Agreement shall not exceed the following for each
task herein identified based upon an hourly rate of $175.00:
Description
Cost Not To Exceed
Project Understanding and Approach/Service Procurement
$ 10,000.00
Project Manage Design Effort
85,000.00
Project Delivery
5,000.00
Construction
20,000.00
Total
$120,000.00
Additional Services
Professional will perform additional services at a price agreed upon by the parties in writing prior to the
performance of such services. The City shall not be responsible or liable for any additional services
performed by the Professional unless such additional services have been approved in writing prior to the
performance of the same.
EXHIBIT B
REIMBURSABLE EXPENSES
Reimbursable Expenses
The City shall pay Professional for reimbursable expenses at actual cost times a multiplier of 1.10;
however, mileage shall not exceed the IRS rate and travel shall not be subject to the multiplier and may
not exceed the Federal per dicm rate. The total reimbursable expenses for which City shall be liable shall
not exceed FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00); however, prior to any expense
being incurred, Professional must obtain the City's prior written approval. If prior written approval is not
obtained, the City shall not be liable for the expense.
cobfs0l .legal,Karen•Files'.Engineering\Architect AgreementskAbcrcrombie Planning+DesignTire Training Facility Phase IIftExhibitAlll.doc
EXHIBIT C
SCOPE OF SERVICES
A. PROJECT INFORMATION
The Project consists of the design and construction of Phase III of the Baytown Fire Training
Center Project, which includes, but is not limited to, the following:
➢ A single story training classroom building including offices, student lounge, restrooms and
storage areas - building to be approximately 6,100 square feet;
An industrial prop and or props for industry training located in the industrial area on the
master plan;
➢ An approximately 1,600 square foot pre-engineered metal storage structure;
s Additional paving and roadwork providing access to new classroom building and props;
➢ Sanitary sewer, water, and power for the overall build -out -- utilities to be provided up to
edges of pavement provided in Phase III so utilities can be extended in future phases without
removing pavement; and
➢ Landscape per the City ordinance.
B. SCOPE OF SERVICES
Basic Services:
Professional shall provide the following scope of services:
Pr9Ject Understanding & Approach/Service Procurement.
Professional shall:
(a) develop project approach with the City and its project team; and
(b) work with the City to refine a scope of work to be incorporated into the design
contract.
b. Prgicct Mana eg Design Effort.
Professional shall:
(a) attend meetings in support of the City;
(b) assist design team in finalization of site plan for Phase 1I1;
(c) provide technical information in regards to utility demand and requirements;
(d) assist in designing functional adjacencies and assure training site maximizes
usability and multi -use capabilities;
(e) assist the architect and engineer in the development of floor plans;
(f) assist the architect and engineer in development of design details;
(g) assist with compliance efforts in regards to local, State, and Federal laws;
(h) assist with technical requirements for specialized training equipment;
(i) review and comment on plans at 50%, 90% and 100% completion within
established contract review periods, so as to not delay project progress;
(j) respond to requests for information from the City's design team within
established contract review periods, so as to not delay project progress;
(k) develop specifications for live fire simulation equipment;
(1) coordinate design activity between design team and suppliers;
(m) provide input on impact of design decision;
(n) provide direction to all consultants based upon the City's goals and objectives;
(o) assist in development of estimates of probable construction cost; and
(p) assist the City with project design closeout.
Project Delivery. Professional shall review bids and provide written comments and
recommendations within established contract review periods, so as to not delay project
progress.
d. Construction. Professional shall:
(a) attend pre -construction meeting in support of the City;
(b) provide technical review assistance to the City during construction to ensure
training functions are preserved and maximized;
(c) assist the City in responding to requests for information from the construction
contractor within established contract review periods, so as to not delay project
progress;
(d) assist the City and design consultant with project closeout and punch list
execution by providing written comments; and
(e) conduct three site visits during construction on dates and times approved by the
City.
Additional Services:
The City shall not be responsible or liable for any additional services performed by the
Professional unless such additional services have been approved in writing prior to the
performance of the same. Professional will perform additional services at a price agreed upon by
the parties in writing prior to the performance of such services.