HomeMy WebLinkAboutContract 63219 (3)CSC No. 63219
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES
This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule
municipality ("City"), and Baird, Hampton & Brown, Inc. authorized to do business in Texas
("Consultant"), for a project generally described as: WRMC HVLS Fans ("Project") — Project
No. 106094.
Article I
Scope of Services
(1) Consultant hereby agrees to perform professional services as set forth in this
Agreement and the Scope of Services, attached hereto as Attachment "A"
("Services"). These Services shall be performed in connection with the Project.
(2) Additional services, if any, will be memorialized by an amendment to this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by City, its officers, agents,
employees, consultants, or contractors, or prepared by Consultant, shall be or
become the property of City, and shall be furnished to the City, prior to or at the time
such services are completed, or upon termination or expiration of Agreement.
Article II
Compensation
Consultant shall be compensated an amount up to $16,000.00 ("Contract Amount") in
accordance with the Proposal shown in Attachment "A". Payment shall be considered full
compensation for all labor (including all benefits, overhead and markups), materials,
supplies, and equipment necessary to complete the Services.
Consultant shall provide monthly invoices to City. Payments for services rendered shall be
made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch.
2251).
Acceptance by Consultant of said payment shall release City from all claims or liabilities
under this Agreement for anything related to, performed, or furnished in connection with the
Services for which payment is made, including any act or omission of City in connection with
such Services.
Article III
Term
Time is of the essence. The term of this Agreement shall commence on the Effective Date and
shall continue until the expiration of the funds or completion of the subject matter pursuant to
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: March 8, 2024
Page 1 of 8
WRMC ACEH Garage Repairs
106057
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
the schedule, whichever occurs first, unless terminated in accordance with the terms of this
Agreement. Unless specifically otherwise amended, the original term shall not exceed five
years from the original effective date.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Consultant shall have exclusive control of and the exclusive right
to control the details of the work to be performed hereunder and of all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors. The doctrine of respondent superior shall not
apply as between City and Consultant, its officers, agents, employees, contractors, and
subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture
between City and Consultant.
Article V
Professional Competence
Work performed by Consultant shall comply in all aspects with all applicable local, state and
federal laws and with all applicable, standards, codes, rules and/or regulations promulgated
by local, state and national boards, bureaus and agencies. Approval to proceed by City of
Consultant's work or work product shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of its performance of the Services.
Article VI
Indemnification
CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT
MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH
OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR
NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
City of Fort Worth, Texas WRMC ACEH Garage Repairs
Standard Agreement for Professional Services 106057
Revision Date: March 8, 2024
Page 2 of 8
Article VII
Insurance
Consultant shall not commence work under this Agreement until it has obtained all insurance
required under Attachment F and City has approved such insurance.
Article VIII
Force Majeure
City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural
disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Article IX
Transfer or Assignment
Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest
in this Agreement without prior written consent of City.
Article X
Termination of Contract
(1) City may terminate this Agreement for convenience by providing written notice to
Consultant at least 30-days prior to the date of termination, unless Consultant agrees
in writing to an earlier termination date.
(2) Either City or Consultant may terminate this Agreement for cause if either party fails
to substantially perform, through no fault of the other and the nonperforming party
does not commence correction of such nonperformance within 5 days after receipt of
written notice or thereafter fails to diligently pursue the correction to completion.
(3) If City chooses to terminate this Agreement, upon receipt of notice of termination by
Consultant, Consultant shall discontinue Services on the date such termination is
effective. City shall compensate Consultant for such services rendered based upon
Article II of this Agreement and in accordance with Exhibit "B".
Article XI
Right to Audit
(1) Consultant agrees that City shall, until the expiration of three (3) years after final
payment under Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to Agreement. Consultant agrees that City shall have access during normal
City of Fort Worth, Texas WRMC ACEH Garage Repairs
Standard Agreement for Professional Services 106057
Revision Date: March 8, 2024
Page 3 of 8
working hours to all necessary facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section.
City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontractor agrees that City shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such
subcontractor(s), involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article. City shall give Consultant and any
subcontractor reasonable advance notice of intended audit.
(3) Consultant and subcontractor(s) agree to photocopy such documents as may be
requested by City. City agrees to reimburse Consultant for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
Article XII
Business Equity Participation
City has goals for the full and equitable participation of minority business and/or women
business enterprises in City contracts greater than $100,000. In accordance with City's
Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the
City's Code of Ordinances, as amended, and any relevant policy or guidance documents),
Consultant acknowledges the MBE and WBE goals established for this Agreement and its
execution of this Agreement is Consultant's written commitment to meet the prescribed MBE
and WBE participation goals. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by Consultant may result in the termination
of this Agreement and debarment from participating in City contracts for a period of time of not
less than three (3) years.
Article XIII
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect Agreement
and the work hereunder, and shall observe and comply with all orders, laws ordinances and
regulations which may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. Consultant agrees to defend, indemnify and hold harmless City and all of its
officers, agents and employees from and against all claims or liability arising out of the violation
of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its
subcontractor(s).
City of Fort Worth, Texas WRMC ACEH Garage Repairs
Standard Agreement for Professional Services 106057
Revision Date: March 8, 2024
Page 4 of 8
Article XIV
Immigration Nationality Act
Consultant shall verify the identity and employment eligibility of its employees and
employees of all subcontractor(s) who perform work under Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall
provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under Agreement. Consultant shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Consultant employee who is not legally eligible to perform such
services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant,
shall have the right to immediately terminate Agreement for violations of this provision by
Consultant.
Article XV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision
of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas — Fort Worth Division.
Agreement shall be construed in accordance with the laws of the State of Texas.
Article XVI
Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed
and revised Agreement and that the normal rule of contract construction, to the effect that
any ambiguities are to be resolved against the drafting party, must not be employed in the
interpretation of Agreement or any amendments or exhibits hereto.
The failure of City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Consultant's respective right to insist upon appropriate performance or to assert any such
right on any future occasion.
Article XVII
Severability
The provisions of Agreement are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
City of Fort Worth, Texas WRMC ACEH Garage Repairs
Standard Agreement for Professional Services 106057
Revision Date: March 8, 2024
Page 5 of 8
unconstitutional for any reason, the remainder of Agreement and the application of such
word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other
persons or circumstances shall not be affected thereby and Agreement shall be construed
as if such invalid or unconstitutional portion had never been contained therein.
Article XVIII
Notices
Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or
via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the
address of the other Party shown below:
City of Fort Worth
Attn: Nikita N. Watts, Senior Capital Projects Officer
Property Management
100 Fort Worth Trail
Fort Worth, Texas 76102
Consultant:
Baird, Hampton & Brown, Inc.
Attn: Ken Randall, PE
6300 Ridglea Place, Suite 700
Fort Worth, Texas 76116
All other notices may be provided as described above or via electronic means.
Article XIX
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of
the Texas Government Code, if Consultant has 10 or more full time -employees and the
contract value is $100,000 or more, the City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Consultant certifies that Consultant's signature provides written verification
to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
City of Fort Worth, Texas WRMC ACEH Garage Repairs
Standard Agreement for Professional Services 106057
Revision Date: March 8, 2024
Page 6 of 8
Article XX
Prohibition on Boycotting Energy Companies
Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more, which will be paid wholly or partly from public funds of the City,
with a company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy
company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the
Texas Government Code. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, Consultant certifies that
Consultant's signature provides written verification to the City that Consultant: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
Article XXI
Prohibition on Discrimination Against Firearm and Ammunition Industries
Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services
that has a value of $100,000 or more which will be paid wholly or partly from public funds of
the City, with a company (with 10 or more full-time employees) unless the contract contains
a written verification from the company that it: (1) does not have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms "discriminate," "firearm entity" and "firearm trade association" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Consultant certifies that Consultant's signature provides
written verification to the City that Consultant: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
Article XXII
Headings
The headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of Agreement.
Article XXIII
City of Fort Worth, Texas WRMC ACEH Garage Repairs
Standard Agreement for Professional Services 106057
Revision Date: March 8, 2024
Page 7 of 8
Attachments, Schedules and Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
The following attachments and schedules are hereby made a part of Agreement:
Attachment A - Scope of Services/Compensation
Attachment B — Insurance Requirements
Attachment C — Schedule (if applicable)
Duly executed by each party's designated representative to be effective on the date subscribed
by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
VOL w44--xl-
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Assistant City Manager
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Date:05/05/2025 �, F°Rr
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ATTEST: P°d* %o o° *�d
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Jannette Goodall
City Secretary
APPROVED AS TO FORM AND LEGALITY
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By: Douglas Black (Mav 2. 202513:50 CDT)
Douglas W Black
Sr. Assistant City Attorney
BY:
CONSULTANT
Baird, Hampton & Brown, Inc.
Ken FandaH
Ken Randall (May 1, 202511:42 CDT)
Ken Randall, PE
Principal, Electrical Engineer
Date: 05/01 /2025
APPROVAL RECOMMENDED:
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Marilyn Marvin
Director Property Management
M&C No.: n/a
M&C Date:
Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring all performance and reporting
requirements.
By: Name: Nikita N. Watts
�2v�5 iG:Sa CDT) � i,
Title: Sr. Capital Project Officer
City of Fort Worth, Texas WRMC ACEH Garage Repairs
Standard Agreement for Professional Services 106057
Revision Date: March 8, 2024
Page 8 of 8 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
BAIRD, HAMPTON & BROWN
- building partners
February 28, 2025
Mr. Ronald Clements, AIA
City of Fort Worth Property Management Department
10th Floor, Office 1053
100 Fort Worth Trail
Fort Worth, Texas 76102
RE: WILL ROGERS MEMORIAL CENTER
HVLS FANS FOR RICHARDSON-BASS & BURNETT BUILDINGS
ELECTRICAL & STRUCTRAL ENGINEERING SERVICES
FORT WORTH, TEXAS
Dear Ronnie,
6300 Ridglea Place, Suite 700
Fort Worth, Texas 76116
817338,1277
Attachment A
We certainly appreciate the opportunity to provide the electrical and structural engineering services
for the addition of eight (8) high volume, low speed (HVLS) fans in the Richardson -Bass Building and
for the replacement of six (6) fans with HVLS fans in the Burnett Building. We offer this scope of work
and fee proposal for the project as we discussed during our telephone conversation this morning.
SCOPE OF SERVICES
Richardson — Bass Building
1. Design new power circuits from the existing electrical distribution system to serve eight (8)
new HVLS fans. Coordinate with WRMC personnel for fan and controller locations.
2. Design structural support for the new fans from the existing roof structure above.
3. Design connection of the new fans to the existing fire alarm system to shut off the fans during
an alarm condition.
Burnett Building
1. Design the replacement of six (6) existing fans with new HVLS fans. Confirm the existing
power circuits can support the new fans. Provide new power circuits if the existing circuits
are found to be inadequate. Confirm existing fan controller locations for reuse with WRMC
personnel.
2. Confirm the existing fan structural supports are adequate for new fans. Otherwise, design
structural support from existing roof structure above.
3. Confirm the existing fans have a fire alarm system interface. Provide this interface if required.
Deliverables:
1. 50% review set in electronic format (PDF) with interim stamp for Owner review.
2. 100% signed and sealed construction drawings in electronic format (PDF).
3. Electrical specifications in electronic format (PDF).
4. Opinion of probable construction cost at each deliverable stage.
bhbinc.com
TBPELS Firm044 1 #10011300 1 #10011302 1 #10194146
WRMC HVLS Fans @ Richardson -Bass & Burnett Buildings
February 28, 2025
Page 2
Construction Phase Services:
1. Attend pre -bid meeting.
2. Attend pre -construction meeting.
3. Review shop drawings and submittals.
4. Review and comment on any Requests for Information (RFI).
5. Perform monthly site visits to review construction progress (two (2) visits anticipated).
6. One (1) final site visit at substantial completion and provide a punch list of observed
deficiencies.
We propose to provide the structural and electrical engineering design for the referenced project in
sufficient detail to receive construction bids from subcontractors and in sufficient detail to install the
systems in accordance with applicable codes. Deliverables will include original drawings (CADD Plots)
with technical specifications included on the drawings. Drawings will be sealed by a
Registered/Licensed Professional Engineer.
CLARIFICATIONS
Our fee proposal makes the following assumptions:
1. The entire project will be designed at one time; no phasing of design has been included.
2. Our fee proposal is based upon producing the Contract Documents using AutoCAD.
3. Permit and regulatory department application fees are not included as part of our proposal,
at this time we are proposing that all fees be paid by the City of Fort Worth.
4. We cannot be responsible for equipment delivery that affects construction schedules.
COMPENSATION
In consideration of the scope described above we propose the following stipulated sum fees:
50% Construction Documents
$6,500
100% Construction Documents
3,500
Bidding
500
Construction Administration
5,500
Total Fee
$16,000
Invoices will be forwarded to your office based upon the percentage of design completed during each
billing period. Stipulated sum includes travel expenses for travel to the project site, but does not
include reproduction expenses, other than single copy originals for final drawings. Travel expenses,
plotting and reproduction expenses, other than those identified in this proposal will not be incurred
without your prior approval.
Additional Services will be billed at the rates listed below:
Engineering — Eng.; Land Surveying — LS; Landscape Architecture — LA
Eng. & Management — Principal/VP
$ 325.00 /hr
Eng. PE/LS RPLS/LA RLA - IV
$ 225.00 A
Eng. PE/LS RPLS/LA RLA - III
$ 190.00 A
Eng. PE/LS RPLS/LA RLA - II
$ 175.00 A
Eng. PE/LS RPLS/LA RLA - I
$ 145.00 A
Eng. EIT/LS SIT - IV
$ 135.00 A
Designer - IV
$ 205.00 /hr.
Designer - III
$ 150.00 /hr.
Designer - II
$ 125.00 /hr.
Designer - I
$ 105.00 /hr.
CAD/Tech. Survey Services $ 95.00 /hr.
Field Surveying —1 Person Crew $ 175.00 /hr.
bhbinc.com
TBPELS Firm044 1 #10011300 1 #10011302 1 #10194146
WRMC HVLS Fans @ Richardson -Bass & Burnett Buildings
February 28, 2025
Page 3
Eng. EIT/LS SIT - III
$ 125.00 /hr.
Field Surveying — 2 Person Crew
$ 205.00 /hr.
Eng. EIT/LS SIT - II
$ 115.00 /hr.
Field Surveying — 3 Person Crew
$ 225.00 /hr.
Eng. EIT/LS SIT - 1
$ 105.00 /hr.
Construction Staking — 2 Person Crew
$ 225.00 /hr.
CAD / Drafting Services
$ 70.00 /hr.
Clerical Services
$ 85.00 /hr.
TEAM CONTACTS
Owner:
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Engineering Principal & Project Manager
Ken Randall, PE
Baird, Hampton & Brown, Inc.
6300 Ridglea Place, Suite 700
Fort Worth, Texas 76116
ACCEPTANCE
Owner's Representative:
Ronald Clements, AIA
City of Fort Worth PMD
101h Floor, Office 1053
401 West 131h Street
Fort Worth, Texas 76102
We will consider receipt of a signed agreement as our notice to proceed. Thank you for the
opportunity to work with you on this project.
Sincerely,
BAIRD, HAMPTON & BROWN, INC.
Ken Randall, PE
Principal, Electrical Engineer
bhbinc.com
TBPELS Firm#44 1 #100113001010011302 1 #10194146
8 mm B
BAIRD, HAMPTON & BROWN
Attachment C
6300 Ridglea Place, Suite 700
Fort Worth, Texas 76116
817.338.1277
WRMC HVLS Fans for Richardson -Bass & Burnett Buildings
Design Schedule
April25, 2025
Name
Bevin Date
End Date
Design Phase
05/19/2025
07/11/2025
Notice to Proceed
05/19/2025
05/19/2025
Project Kick-off Meeting (On site)
05/19/2025
05/19/2025
Field Investigation
05/19/2025
05/20/2025
Develop 50% CD Submittal
05/21/2025
05/30/2025
QA/QC + Estimate Preparation
06/02/2025
06/06/2025
Submit 50% CD Deliverables
06/06/2025
06/06/2025
Owner Review
06/09/2025
06/13/2025
Design Review Conll�rence
06/13/2025
06/13/2025
Develop 100% CD Submittal
06/16/2025
06/20/2025
QA/QC + Estimate Preparation
06/23/2025
06/26/2025
Submit 100% CD Deliverables
06/26/2025
06/26/2025
Owner Review
06/26/2025
07/03/2025
Design Review Con1brence
07/03/2025
07/03/2025
Incorporate Review Comments
07/07/2025
07/11/2025
Submit Issue C)r Construction Documents
07/11/2025
07/11/2025
bhbinc.com
TBPELS Firm #44 110011300