HomeMy WebLinkAboutContract 52482 Am, _
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25 CONTRACT NO.
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Baird, Hampton $ Brown, Inc., authorized to do business in Texas, (the
"ENGINEER'),for a PROJECT generally described as: Candleridge Park Erosion Repair.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to $54,505.00 as set
forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below, and
shall continue until the expiration of the funds or completion of the subject matter
contemplated herein, whichever occurs first.
Article III
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 Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoi
7(77!
RCIAL RECORDCity of Fort Worth, Texas SECRETARY
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Impro TX
Revised Date: 11.17.17 � �'
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(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
Page 2 of 17
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
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on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the Contract Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
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H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation)and/or the commission of fraud by the Engineer 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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
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(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 the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability—the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto—the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of"any auto", including owned, hired, and non-owned autos,when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non-owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
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pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees, officers,
officials, agents, and volunteers as respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
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to the respective Department Director (by name), City of Fort Worth, 200
Texas Street, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of$25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first-dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources
or letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final
payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
City of Fort Worth,Texas
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The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
Page 9 of 17
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
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materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
1. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
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the policy or documentation of such on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
City of Fort Worth,Texas
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT'S schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
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F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or resulting
from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier. CITY is
entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
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K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification 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 who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract,
ENGINEER certifies that ENGINEER'S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel;
and(2) will not boycott Israel during the term of the contract.
For contracts with companies that employ fewer than 10 full-time
employees (which would include a sole proprietorship) or for an
amount less than $100,000.00, the prohibition does not apply.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
Page 15 of 17
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of this
AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Baird, Hampton & Brown, Inc.
Fernando Costa _
Assistant City Manager Konstantine Bakintas, PE
President/Senior Civil Engineer
Date: C.�9
Date: »'
APPROV RE ME D BY:
4 ,,
i t,
D id Creek
Acting Director, Park & Recreation Dept.
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all p rformance and reporting
regal OFFICI L REC"" .
_ CITY SECRET da v i
Bryan L ess, R FT 4NORT'
Landscape Project Manager
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
Page 16 of 17
APPROVED AS TO FORM AND LEGALITY BY:
Doug W. Black
Assistant City Attorney
ATT
. . ............ Form 1295:
f
IV
Mary Kay!e M&C No.: A-
V
City Secretary
&C Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services-CO2717 Candleridge Park Erosion Improvements
Revised Date: 11.17.17
Page 17 of 17
Attachment A
Scope of Services
OVERALL PROJECT DESCRIPTION
Candleridge Park is an 88 (+/-) acre community park, located in southwest Fort Worth, at
4301 French Lake Drive, Fort Worth, 76133, approximately one quarter mile north east of
the intersection of South Hulen Street and Sycamore School Road. The park is a linear
greenbelt situated along two naturally occurring drainage channels (Streams One and
Two). Stream One travels roughly west to northeast flowing into French Lake, flow then
flows through a man-made earthen and bag wall dam towards Stream Two. Stream Two
flows west to east and eventually flows towards Sycamore Creek.
The CITY seeks to review, repair, and/or improve as necessary French Lake Dam, based
on inspection reports from the Texas Commission on Environmental Quality (TCEQ)
(Attachment D —TCEQ Inspection Reports). Design efforts shall focus on reviewing the
reports for the necessity and severity of the Requirements/Recommendations to determine
if their inclusion in the final construction documents is necessary. The CITY will address the
comments from TCEQ about the French Lake Dam EAP separately from this proposal.
The CITY seeks to review, repair, and/or improve conditions along Stream One, starting at
the stream entry into French Lake and working upstream (west) towards South Hulen
Street. Design efforts here shall focus on improving eroded conditions along Stream One,
beginning directly at the entry point of the stream into French Lake, extending beyond the
pedestrian bridge (upstream) to a point beyond the confluence of Stream One and a
smaller drainage tributary entering the stream from the south (a total of less than 500 LF).
No work is being considered for Stream Two, or downstream of French Lake Dam along
Stream One.
Please note, the CITY requests that a "natural' approach to stream restoration/erosion
control be reviewed and utilized where plausible, and that a Landscape Architect be
incorporated into the design team to add their knowledge of possible "natural' alternatives.
It is the intent of the CITY to plan improvements that do not exceed an estimated
construction cost of$275,000. Planned improvements will be evaluated during the design
process for how they will be included in the proposed construction bid documents (i.e. base
bid, alternatives, etc.).
Anticipated improvements shall include, but may not be limited to, the following elements:
• site demolition and removal (as necessary)
• site grading and excavation
• adjustment and/or relocation of existing site utilities (as necessary)
• erosion control management improvements
• stormwater drainage structures (spill ways, piping, culverts, etc.)
• shoring and/or armoring of pedestrian water crossing abutments
• replacement of pedestrian pavement (as necessary)
• accessibility considerations
• landscape restoration with a proposed temporary irrigation strategy
SCOPE OF SERVICES
The scope of services of the project work will include Basic and Special Services.
Basic Services shall be those services needed to prepare design/construction documents
for the planned improvements such as, evaluations, plans, specifications, opinions of
probable construction costs, etc. These are described in greater detail below.
Special Services shall be those services necessary to provide appropriate design
guidelines for the design/construction documents, such as topographic surveying,
geotechnical reporting, review of environmental requirements, archaeological survey, etc.
These are described in greater detail below.
The ENGINEER shall be responsible for performing and/or providing the following detailed
Basic and Special Services tasks for the project.
Basic Services
1. Management/Coordination/Communication
ENGINEER shall perform the following tasks:
A. attend following meetings (each up to two-hour duration) with the CITY to review
project, schedule, deliverable, status reporting, community communication, and the
construction:
a. One (1) project kick-off meeting to be held at the project site;
b. Three (3) deliverable review meetings (30%, 90% and 100%);
c. One (1) pre-bid meeting;
d. One (1) pre-construction meeting;
e. One (1) on-site construction coordination/ status meetings per month during
the period of construction phase as requested by CITY. No more than four (4)
during the construction phase.
f. One (1) punch list walk through;
B. manage and coordinate the ENGINEER design team and sub-consultant(s)
throughout the project timeline
C. communicate regularly by phone and/or email with the CITY
D. provide the CITY with project status reports and current/updated project schedules
on the last business day of each month, throughout the project timeline
2. Data Collection/Site Visit/Base Map/Review
ENGINEER shall perform the following tasks:
A. gather and review available relevant project data provided by CITY and other
sources. Relevant project data, at a minimum, shall include the following:
a. Google Earth aerial photography and mapping
b. NCTCOG topography and other information
c. FEMA Flood plain data
d. Pertinent underground utilities, local overhead electric utilities, gas lines,
water/wastewater and other information
B. visit the project site (s) to observe, note, and photographically document existing
conditions, detailing conditions as necessary for completion of the scope of services
C. provide and/or produce base maps of the project site areas, that include existing site
conditions, a color aerial, and topography.
a. the CITY will require an electronic and hardcopy print of the base maps
D. attend a meeting with the CITY to review and discuss collected project data, existing
site conditions, the base maps, and any relevant information resulting from this
service before proceeding with design documents
3. Design Deliverables (30%, 90% M00% Design Drawings & Specifications)
ENGINEER shall deliver design/construction drawings, outlines of specifications, and
opinions of probable construction costs documents at 30%, 90% and 100% milestones,
and complete drafts of specifications at 90% and 100% milestones to the CITY on the
dates set by the project schedule.
Design documents should include each of the anticipated improvements identified in
OVERALL PROJECT DESCRIPTION section. Design for all improvements shall follow
current CITY design standards where applicable
A. Besides the anticipated improvements mentioned before, ENGINEER's design plans
shall also contain the following base information where applicable:
a. project name, street address or lot and block description or property
b. date, scale, compass, and the names, addresses, and telephone numbers of
the property owner and the person(s) preparing the plan
c. based upon available record drawings and utility maps, show centerline
locations of overhead and underground utility lines within and directly
adjacent to the site, the location of local utility easements, including all at or
above ground utility equipment, including the location of utility poles,
transformers, generators, manholes, inlets, etc.
ENGINEER's design/construction plans shall be suitable and legible for use in both 22
inch x 34 inch (full-size) and 11 inch x 17 inch (half size) format with black and white line
work. A screened-back black and white (gray-tone) aerial photo background is required
in overall site plans. ENGINEER shall deliver to the CITY three (3) hardcopies (1 full-
size and 2 half-size for plan sets), electronic pdf and CAD drawings for CITY review.
ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER
work product components including but not limited to data, photos, images, text,
designs, cost opinions, etc. for project-related use by CITY including but not limited to
project budgeting, project coordination/communication, etc.
ENGINEER shall attend one (1) meeting (two-hour duration) at each milestone date
described above with CITY to discuss CITY review comments regarding the design
drawings and cost opinions. After the review, ENGINEER shall update design drawings
and cost opinions incorporating input from CITY, and provide final updated documents
for CITY record.
B. 30% Schematic Design
ENGINEER's 30% schematic design shall include, at a minimum, the following sheets,
in the order shown below:
a. Overall Site Plan (with aerial) (1 sheet)
b. Engineer's Site Plan(s) (no aerial, key map with references to plan sheets as
noted below) (1 sheet)
c. Channel armoring alternatives w/cross-sections and associated opinion of
probable cost
d. Construction Plans (location, layout, and anticipated improvements such as
grading, paving, structural, landscape, details, etc.)
e. Additional plan sheets as necessary/required to adequately install
improvements
f. Table of Contents from City Standard Specifications showing all technical
specifications for all potential site improvements either highlighted or crossed
out
NOTE: all sheets shall be as described above in Section 3, the number of
sheets per item will be as required for scalable legibility in half-size sheet
format
C. 90% and 100% Construction Documents
ENGINEER's 90% and 100% construction documents shall include, at a minimum, the
following sheets, in order shown below:
a. Cover sheet (1 sheet) (template to be provided by CITY)
b. General Notes sheet (1 sheet) (template to be provided by CITY)
c. Summary of Quantities sheet (1 sheet) (template to be provided by CITY)
d. Overall Site Plan (with aerial) (1 sheet)
e. Engineer's Site Plan(s) (no aerial, key map with references to plan sheets as
noted below) (1 sheet)
f. Temporary Site Elements Plan (access points, circulation routes, equipment
and material storage locations, project sign locations, etc.)
g. Tree Protection and Removal Plan (protected tree and removal schedules,
tree protection fence location, etc.)
h. Erosion Control Plan (erosion control measures, construction entrance(s),
etc.)
i. Site Demolition Plan (site demolition, stockpile locations, etc.)
j. Construction Plan(s) (location, layout, materials, and detailed installation of
anticipated improvements such as grading, paving, structural, landscape,
details, etc.)
i. Grading Plans (1 foot interval contour lines showing grading of
improvements and affected areas; spot elevations at all other structures
and improvements)
ii. Paving Plans (showing dimensions and materials of proposed
improvements)
iii. Planting plans (complete description of proposed plant materials, including
locations, quantities, plan species, and sizes at installation (heights,
spread, and spacing))
iv. Plan Enlargements, sections and elevations as necessary throughout the
plan set (at 90% and 100% finish levels)
v. Construction Details (at 90% and 100% finish levels)
k. Additional plans sheets as necessary/required to adequately install all
proposed improvements (at 90% and 100% finish level)
I. Technical specifications, following CITY standards, for all proposed
improvements (at 90% and 100% finish levels)
ENGINEER's 100% design drawings shall include a sealed & signed Mylar cover
sheet(s), and sealed & signed construction document package (both hardcopy and
electronic version)for bid. ENGINEER shall incorporate any remaining comments from
CITY regarding 90% construction document package before the final submittal of 100%
package.
4. Cost Estimates
ENGINEER shall provide an opinion of probable construction costs at each of the
delivery milestones described above. ENGINEER's opinion of probable construction
costs shall be based on the quantities indicated on the ENGINEER's plans and on unit
prices current at the time of the opinion's preparation. ENGINEER shall control the
design to keep the construction cost under the CITY's project construction budget.
5. Bid Phase Assistance
ENGINEER shall perform the following tasks during the bidding phase:
A. post (make available) and maintain all required bidding documents as directed by
CITY
B. prepare and submit written responses to bidder requests for information (RFI's), as
required by CITY
C. attend the pre-bid conference and/or site visits, in support of the CITY
D. prepare project addenda as needed and directed by the CITY
E. assist the CITY with bid analysis, bid tabulation, and bid award recommendation, as
directed
6. Construction Phase Assistance
ENGINEER shall perform the following tasks during the construction phase:
A. attend the pre-construction conference, in support of the CITY
B. attend on-site construction coordination/status meetings as requested by CITY
(minimum 2 per month) during construction phase of the project
C. participate in final walk-through, keep notes, and provide a punch list of construction
items to complete to the CITY at end of construction phase of project
Special Services
1. Drainage Study— Not Applicable — ENGINEER shall rely on record drawings, and
design shall re-instate the original channel cross-section (or cross-sectional area)
without review or updating of previous hydrologic or hydraulic studies.
2. Topographic Survey— ENGINEER shall rely on available topography from the City of
Fort Worth, North Central Texas Council of Governments, and/or Texas Natural
Resources Information System.
In addition, ENGINEER shall perform or provide the following tasks:
A. Provide topographic survey of the existing channel, from Stream One's entry into
French Lake, westward approximately 500-LF, and approximately 75-LF south along
the smaller tributary. The channel survey is anticipated to extend approximately 25-ft
beyond the top of each bank.
B. Survey shall locate all existing site improvements and features as required for
project design. The survey shall tie to a X, Y & Z coordinate system, that locates:
a. 1-foot contours
b. site drainage features (i.e.; storm drains, outfalls, manholes, channel flow
lines, wetlands, etc.)
c. location and identification of vegetative driplines and trees, with a trunk
diameter of 6" inches and greater, within 25-ft of the proposed construction
limits,
d. all overhead/surface/subsurface features (i.e. improvements, utilities,
easements, etc.)
e. provide flowline elevations of all sanitary sewer and storm drainage structures
located within the construction limits (i.e.; manholes, inlets, outfalls, etc.)
f. the datum will be tied to a known existing benchmark(s) or the datum will be
designated by the CITY
C. The following itemized surveying services are provided:
a. Establishment of horizontal and vertical control for the project
The horizontal control shall be tied to NAD83
b. a minimum of three (3) horizontal control (X,Y,Z) points will be required
c. vertical control shall be per GPS on a local RTK network
D. Prepare and provide, to the CITY, a final topographic drawing/notes bearing the seal
and signature of a Texas Registered Professional Land Surveyor, in the following
digital formats, showing all features located as noted above (i.e. one-foot interval
contours, TIN file, etc.):
a. AutoCAD (version 2010) dwgs
• The ENGINEER may use programs other than AutoCAD 2010 to produce
dwgs of the required work so long as the final data provided to the CITY is
readable in AutoCAD 2010
b. Adobe Acrobat DC pdfs
• The ENGINEER may use programs other than Adobe Acrobat DC to
produce pdfs of the required work so long as the final data provided to the
CITY is readable in Adobe Acrobat DC
3. Environmental Requirements Review
ENGINEER shall perform the following tasks:
A. Provide coordination and preliminary investigation to learn if environmental
permitting will be required for park improvement design and regulatory approval.
a. Should environmental permitting be required, then a contract amendment will
be issued to include the additional scope of work
B. Attend a meeting with CITY to report and review environmental requirement findings.
4. Geotechnical Investigation
ENGINEER shall perform or provide the following tasks:
A. Geotechnical investigation, analysis, and engineering as required for completion of
design/construction documents for all park improvements
a. A minimum of three (3) borings of adequate depth will be taken
B. Geotechnical Report to the CITY, stating all pertinent design requirements
necessary for completion of park improvements
5. Construction Phase Services
A. Attend on-site construction coordination/status meetings as requested by CITY
(minimum 2 per month) during construction phase of the project
CLARIFICATIONS AND EXCLUSIONS
Any services and/or work products by ENGINEER beyond those specifically described above
are not included in the project unless mutually agreed to by CITY and ENGINEER in writing
prior to performance of such services.
End of Scope
Attachment 8 Co np-ruaiion 09 1Q 19.xis- Baird,Hampton Brown 6/10/2019
3801 William D Tate,Ste.500 Grapevine,TX 76051
Tel 817-251-8550,www.bhbinc.com
ATTACHMENT B
PROFESSIONAL SERVICES ESTIMATED LEVEL OF EFFORT
STREAMBANK EROSION REPAIR AT CANDLERIDGE PARK
City of Fort Worth Parks&Recreation Department
May 30,2019
Project Project Prj.PE Engineering Project Survey Survey Direct
item/Task Description Director Manager or RIA CADD/ER Surveyor Field Crew CADD/Tech Clerical Costs Amount
(Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) ($) ($)
$240/hr $170/hr $11S/hr $95/hr $130/hr $165/hr $90/hr $60/hr
BAW SFRVXES(fix Wj, S SC US
eft Servieas S 3,425
Topographic Surveyhlg 1 2 2 3 7 7 2.945
Set Project Control Points S 11 114 _- _. A., l 480
Subtotal= 1 2 0 3 4 8 8 0 0
Concept Design 130IQ 1i,870
SoNdt&Review Record Drawings 2 2 25 595
Visit Site,Walk&Review Erosion 2 2 2 50 1,100
Develop Channel Armoring Alternatives 1 4 12 16 3,820
Opinion of Probable Constr.Cost 4 8 4 1,980
Prepare and Submit Concept Report 1 4 8 16 2 50 3,530
Concept Plans Review Conference 2 2 is 845
Subtotal= 6 i8 32 36 0 0 0 2 i50
Qmftue Mn Plans&ft*n@M I1110%) $ 14,D45
Incorporate Review Comments 2 4 4 i,15D
Geometric Layout&Control 1 2 4 16 1 2 2,870
Construction Access&Erosion Control 2 4 16 2,320
Construction Details 1 2 12 16 3,480
Opinion of Probable Constr.Cost 1 2 4 4 1,420
Tech.Specs.&Contract Docs. 1 2 8 4 50 1,930
Submital&Review Meetings ] 2 25 845
Subtotal= 6 14 36 60 1 0 2 0 75
SW Docwnents-Rom Speer&Estimates(1009Q $ 3AW
Incorporate Review Comments 1 2 4 4 1,420
Esitimated Quantities&OPC 2 4 4 1,180
Tech.Specs.&Contract Docs. 2 2 75 645
Final Plans QA/QC w/Site Verification 3 7 2S 595
Subtotal= 1 8 12 8 0 0 0 0 100
Unrlt W Construction Admiration services 3.705
Bid Project,Tab.Results&Recom.Award 1 4 4 4 25 1,795
Pre-Con Mtg.&Final Inspection 1 4 50 970
Prepare Record Drawings&CAD Files 2 2 4 950
Subtotal= 2 to 6 8 0 0 0 0 75
3 GIAiLiE>ItMl�fMarrlYl .$ AM
Geotechnlcal Investigation(3 Borings) 1 2 1 2 5000 5,885
Waters of the US Delineation
Nationwide Permit 13 PCN -
USACE Coordination&Mtgs.(Hourly) 4 6 2 5000 7,100
Additional Constr.Support(Hourly) 4 8 4 4 2 2 50 3,590
Subtotal= 9 16 5 6 2 0 0 4 10050
Sub-Total for Professional services 25 68 91 121 7 8 10 6 10450 $ 53,460
Topographic Surveying- 3,425
Engineering Services= 33,460
Special Services(Hourly)- 16,575
Sub-Total for Professional Services= 53,460
Direct Cost Markup(10%)= 1,045
TOTAL for PROFESSIONAL SERVICES c $ S4,S55
Attachment B_Compensation_05-30-19.xlsx Baird,Hampton Brown 6/10/2019
3801 William D Tate,Ste. 500 Grapevine,TX 76051
Tel 817-251-8550,www.bhbinc.com
ATTACHMENT C
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
STREAMBANK EROSION REPAIR AT CANDLERIDGE PARK
City of Fort Worth Parks& Recreation Department
June 10,2019
Not Applicable/No Amendments
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Attachment E
Project Location Map and Aerial
Candleridge Park
4301 French Lake Drive
Fort Worth, TX 761333
Project Location Map
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