HomeMy WebLinkAboutContract 46834-A2 CSC No.46834-A2
AMENDMENT No . 2
TO CITY SECRETARY CONTRACT No . 46834
WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and
Associates, Inc. , (ENGINEER) made and entered into City Secretary
Contract No. 46834, (the CONTRACT) which was administratively authorized
on the 9th day of July, 2015 in the amount of $49,500 . 00; and
WHEREAS , the CONTRACT was subsequently revised by Amendment No. l
in the amount of $120, 000 . 00 authorized on September 13th, 2016 (M&C 27-
910) ; and
WHEREAS, the CONTRACT involves engineering services for the
following project:
North Tarrant Express Segment 3C, IH - 35W from US 81/287 to
Alliance Boulevard; and
WHEREAS , it has become necessary to execute Amendment No. 2 to the
CONTRACT to include an increased scope of work and revised fee.
NOW THEREFORE , CITY and ENGINEER, acting herein by and through
their duly authorized representatives, enter into the following
agreement, which amends the CONTRACT:
1 .
Article I of the CONTRACT is amended to include the additional
engineering services specified in proposal attached hereto and
incorporated herein. The cost to City for the additional design services
to be performed by Engineer totals $500, 000. 00 (Water: $250, 000. 00;
Sewer: $250, 000. 00) .
2 .
Article II of the CONTRACT is amended to provide for an increase in
the fee to be paid to Engineer for all work and services performed under
the Contract, as amended, so that the total fee paid by the City for all
work and services shall be an amount of $669,500. 00.
3 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
EXECUTED and EFFECTIVE as of the date subscribed by the City' s
Prof Services Agreement Amendment Template OFFICIAL RECORD
Revision Date: November 23, 2021 [North Tarrant Express
Page 1 of 2 CITY SECRETARY
FT. WORTH, TX
designated Assistant City Manager.
APPROVED:
City of Fort Worth ENGINEER
Kiml.ey-Horn and Associates, Inc.
bay B�AGu7�
Dana Burghdoff( 11,20 11:04 CST) 'a 4'4a" 11 `.
Dana Burghdoff John Atkins, P.E
Assistant City Manager Vice President
DATE: Feb 11,2022 DATE: 0 2/0 8/2 0 2 2
APPROVAL RECOMMENDED:
Chr1,topherHard (Feb8,202214:13 C-
Chris Harder, P.E.
Director, Water Department
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.
John Kasavich, P.E.
Project Manager
APPROVED AS TO FORM AND LEGALITY: M&C: 21-0993
Bev, Date: 12/14/2021
DBlack(Feb 9,2022 15:11 CST)
Douglas W. Black Form 1295 : 2021-794173
Senior Assistant City Attorney
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Prof Services Agreement Amendment Template
Revision Date: November 23, 2021
Page 2 of 2 [North Tarrant Express Segment 3C]
[CPN CO26351
Kimley>>>Horn
September 7, 2021
Mr. John Kasavich, P.E.
Project Manager
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, TX 76102
Re: City of Fort Worth-North Tarrant Express Segment 3C—Amendment No. 2
Continuation of Services
KHA No. 061018146
City Project No. 02635
Dear John:
This letter is in reference to a contract between Kimley-Horn and Associates, Inc. (Kimley-Horn) and
the City of Fort Worth (the City) dated 07-10-2015 referred to herein as the"Contract".
The Texas Department of Transportation (TxDOT) is entering into an Agreement with a qualified
Developer to identify and construct highway improvements in Tarrant County including portions of the
Interstate 35W corridor within the City.
This amendment is estimated to provide additional engineering and project management services
through June 2022. Kimley-Horn will provide the services outlined as follows:
Task- 1: Program Management (Partially Reimbursable by Developer)
1.1. Project Administration:
A. BDE Reporting: Complete monthly M/WBE report forms for the City. Submit M/WBE
change forms as necessary for any changes in M/WBE status.
B. Monthly Invoices: Prepare monthly invoices that meet the CITY invoice format
requirements.
C. Deliverables.-
1. Monthly BDE Reports to CITY
2. Monthly Invoices to CITY
D. Process Payments to Developer:
1. Conduct and document meeting with CITY and Developer to discuss and create
payment process protocol.
2. Develop standard invoice and backup material in accordance to the CITY's and
Developer's requirements.
3. Conduct and document verification meeting with CITY and Developer regarding the
standard invoice and backup material.
4. Monthly invoice and backup material: Prepare monthly invoices and backup
material to meet Developer format requirements.
801 - Street, - 1300,
Kim ey>>>Horn Page 2
1.2. Meetings:
A. Semi-Monthly CITY Progress Meetings (two times per month): Prepare for, conduct and
document semi-monthly project update meetings with the CITY project manager and
other CITY staff as required.
B. Semi-Monthly Developer Progress Meetings (two times per month): Prepare for, conduct
and document semi-monthly project update meetings with the Developer and CITY
project manager and other CITY staff as required.
C. Stakeholder Meetings: Prepare for, conduct and document stakeholder meetings with
CITY and appropriate stakeholders along the 1-35W corridor as required over this
contract period.
D. Deliverables:
1. Meeting notes and action items for each attending party from each meeting.
1.3. Roadway, Water and Sanitary Sewer Conflict Issue Resolutions:
A. Coordination with CITY regarding conflicts between the future roadway infrastructure and
the CITY's water and sanitary sewer infrastructure that creates a service interruption that
the CITY deems not in their best interest therefore warranting a potential realignment of
the roadway to avoid the conflict with the water and/or sanitary sewer infrastructure.
B. Coordination with Developer and/or TxDOT regarding conflicts between the future
roadway infrastructure and the CITY's water and sanitary sewer infrastructure that
creates a service interruption that the CITY deems not in their best interest therefore
warranting a potential realignment of the roadway to avoid the conflict with the water
and/or sanitary sewer infrastructure.
C. Deliverables:
1. Meeting notes and action items for each attending party from the coordination
effo rts.
Task - 2: Conflict Analysis along 1-35W(Fully Reimbursable by Developer)
2.1. 1-35W(Eagle Pkwy to North Tarrant Pkwy) Schematic Review: Review proposed TxDOT
ROW maps and proposed roadway alignment schematics as compared to the existing CITY
water and sanitary sewer maps. Identify potential conflicts between proposed TxDOT ROW,
proposed roadway,water and sanitary sewer utilities.
2.2. Site Visits to Conflict Areas: After conflict identification, perform site visit to obtain additional
information not shown on maps and schematics.
2.3. Utility Conflict Plan Set Reviews:
A. Assist CITY with conflict plan set review.
1. Review 30%, 60%, 90%, and 100% plan sets.
2. Develop comment logs for each submittal.
3. Keep record of submittals and review schedules.
2.4. Miscellaneous Survey
A. Assist CITY in property interest research.
801 - Street, - 1300,
Kim ey>>>Horn Page 3
B. Provide miscellaneous topographic survey as requested by the City.
2.5. Miscellaneous Subsurface Utility Engineering
A. Provide SUE Level A at various locations and depths as requested by the City.
2.6. Deliverables:
A. Conflict review logs (30%, 60%, 90%, and 100% plan sets).
B. One full or half size plan markups for each submittal.
2.7. Meetings:
A. Attend additional meetings outside of scheduled bi-weekly meetings to resolve any
conflicts that may arise and need to be addressed at a separate meeting.
B. Coordinate decisions that are made outside of the scheduled bi-weekly meetings with
Contractor, City staff, and any other stakeholders.
Task - 3: Construction Support Services (Fully Reimbursable by Developer)
3.1. Construction Support Services: Provide professional construction phase services for
construction of the proposed project for the purpose of providing an Owner's Representative
for the CITY during construction. The CITY will provide construction management services
and inspection for the project. This scope of services does not include construction phase
services related to inspections or testing, applications for payment, request for information,
disagreements between the CITY and the Developer or their subcontractors, or
determination of substantial completion. The following services will be performed for the
construction contract of utility relocations during the contract period:
A. Preconstruction Meeting:
1. Attend a preconstruction conference for each relocation project.
B. On-site Observation:
1. Make Site visits on a part-time basis (twenty (20) hours per week) in accordance
with the construction period in order to observe the progress of the Work.
2. Such visits and observations will not be exhaustive or extend to every aspect of
Contractor's work, but will be limited to spot checking, and similar methods of
general observation. Based on the site visits Owner's Representative will evaluate
whether Contractor's work is generally proceeding in accordance with the Contract
Documents keep CITY informed of the general progress of the Work.
3. Owner's Representative will not supervise, direct, or control Contractor's work, and
will not have authority to stop the Work or responsibility for the means, methods,
techniques, equipment choice and usage, schedules, or procedures of construction
selected by Contractor, for safety programs incident to Contractor's work, or for
failure of Contractor to comply with laws. Owner's Representative does not
guarantee Contractor's performance and has no responsibility for Contractor's
failure to perform in accordance with the Contract Documents.
C. Progress Meetings:
1. Attend progress meetings based on the construction period and visit the site for
observation at that time.
ReNsImeag 801 - Street, - 1300,
Kim ey>>>Horn Page 4
D. Shop drawing and Samples:
1. Review and take appropriate action in respect to Shop Drawings and samples and
other data which Contractor is required to submit, not only for general conformance
with the Contract Documents.
2. Owner's Representative will submit reviews and appropriate actions to the CITY.
The CITY will submit the reviews and appropriate actions to the Engineer of
Record.
3. Such review and action will not extend to means, methods, techniques, equipment
choice and usage, schedules, or procedures of construction or related safety
programs. Any action in response to a shop drawing will not constitute a change in
the Contract Documents, which can be change only through the Change Orders.
E. Substitutions and "or-equal/equivalent":
1. Evaluate and determine the acceptability of up to three (3) substitute or"or-
equal/equivalent" materials and equipment by Contractor in accordance with the
Contract Documents.
2. Owner's Representative will the submit evaluations and determinations of
acceptable materials and equipment to the CITY. The CITY will submit the
evaluations and determinations of acceptable materials and equipment comments
to the Engineer of Record.
F. Request for information (RFI):
1. Provide necessary interpretations and clarifications of contract documents and
make recommendations as to the acceptability of the work. Owner's
Representative will respond to reasonable and appropriate Contractor requests for
information and issue necessary clarifications and interpretations of the Contract
Documents to CITY as appropriate to the orderly completion of Contractor's work.
Any orders authorizing variations from the Contract Documents will be made by
CITY.
2. The CITY will submit the responses to the Engineer of Record.
G. Final Project Walk Through:
1. Attend the"Final" project walk through and assist with preparation of final punch list.
Attend One (1)final site visit for each utility assembly to determine if the completed
Work of Contractor is generally in accordance with the Contract Documents
3. Owner's Representative does not guarantee Contractor's performance and has no
responsibility for Contractor's failure to perform in accordance with the Contract
Documents. Owner's Representative will not have authority to stop the Work.
3.2. Review of Closeout Documents.-
A. The Owner's Representative will review the Developer's closeout documents for each
conflict package for compliance with the City's standard requirements for project closeout.
B. The Developer will prepare Record Drawings for this project.
Kim ey>>>Horn Page 5
1. The Owner's Representative will review and comment on Developer's Record
Drawings for compliance with the City's standard requirements for Record
Drawings.
3.3. Deliverables:
A. Twelve(12) Progress Meeting Agendas and Notes
B. Responses to Contractor's Requests for Information
C. Review of Closeout Documents
Task -4: Survey and Subsurface Utility Engineering Services
4.1. Easement Research Services
A. Perform research to locate and obtain copies of existing easements for selected utility
lines identified by the CITY. Kimley-Horn has budgeted $19,000 for this task.
B. Deliverables:
1. Copies of located easement documents and a cad sketch if existing documentation
does not clearly depict the easement.
4.2. Subsurface Utility Engineering (SUE): The SUE shall be performed in accordance with
Cl/ASCE 38-02. The CITY will identify the utilities for the SUE to be performed. Kimley-
Horn has budgeted$33,300 for this task. Four different levels of SUE are identified. The
following is a description of each level of SUE used on this PROJECT.
A. Level D
1. Collect level D as part of Task 2—Conceptual Design of this scope of services.
B. Level C
1. Field locate and obtain horizontal position of visible utility surface features for all of
the utility systems described within Level D.
C. Level B
1. Indicate by marking with paint, the presence and approximate horizontal location of
subsurface utilities using geophysical prospecting techniques, including
electromagnetic, sonic, and acoustical techniques.
D. Level A(As indicated in table above)
1. Location (Test Hole) Services: Locating the horizontal and vertical position of the
utility by excavating a test hole using vacuum excavation techniques and
equipment. In performing locating (test hole) services ENGINEER will:
a.) Excavate test holes to expose the utility to be measured in such a manner that
insures the safety of the excavation and the integrity of the utility to be
measured. Excavations will be performed using specially developed vacuum
excavation equipment that is non-destructive to existing facilities. If
contaminated soils are discovered during the excavation process, the
ENGINEER will notify the CITY.
b.) Obtain x, y and Z information at each test hole.
801 - Street, - 1300,
Kim ey>>>Horn Page 6
Compensation
A. The Owner's Representative shall be compensated an additional fee of$500,000 on a cost-
plus maximum basis for the personnel time, non-labor expenses, and subcontract expenses in
performing services summarized above and as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours worked
directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for
the CONSULTANT's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for each
labor category performing the work and includes all direct salaries, overhead, and profit.
Labor Category Rate($/hour) effective through
June 2022
Senior Professional II $265—$300
Senior Professional 1 $220—$285
Professional $180—$230
Analyst $120—$200
Senior Technical Support $145—$210
Technical Support $80—$135
Support Staff $90—$130
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at
1.10 cost. 4.6% will be added to each invoice to cover certain other internal office cost
expenses as to these tasks, such as in-house duplicating, local mileage, telephone calls,
facsimiles, postage, and word processing.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging
expenses, mail, supplies, printing and reproduction services, other direct expenses
associated with delivery of the work; plus applicable sales, use, value added, business
transfer, gross receipts, or other similar taxes. Direct reimbursable expenses such as
express delivery services, fees, travel, and other direct expenses will be billed at 1.10
times the cost.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed
at cost to Owner's Representative plus a markup of ten percent (10%).
801 - Street, - 1300,
Kim ey>>>Horn Page 7
Budget Modifications
The proposed budget modifications reflect the additional funds needed for the additional services. The
details of the budget modifications can be found in the table below:
Description Original Budget Amend. Amend. Revised
No. 1 No. 2 Budget
Water $29,700 $60,000 $250,000 $339,700
Sewer $19,800 $60,000 $250,000 $329,800
Total $49,500 $120,000 $500,000 $669,500
The following tables summarize our revisions to the SBE percentages:
This Amendment
SBE Sub-Consultants Fee
Lamb-Star Engineering, L.P. $9,354.50
(Construction Phase Services)
V&A Consulting Engineers
(Construction Phase Services) $2,028.00
Gorrondona&Associates, Inc. $9,975.00
(Easements and Survey Services)
The Rios Group, Inc. $20,000.00
(Subsurface Utility Engineering Services)
Total $41,357.50
SBE Percentage 8.3%
Total Contract
Description Original Amend. Amend. Revised
No. 1 No.2
Contract Amount $49,500 $120,000 $500,00 $669,500
Total Contract SBE $5,000 $9,600 $41,357.50 $55,957.50
Total Contract SBE 10.1% 8.0% 8.3% 8.3%
Percentage
City's SBE Goal -- 8.0% 8.0% 8.0%
With these budget modifications, our total contract SBE participation is projected to be$55,957.50
(8.3%). With an 8.0% goal, this would meet the City's SBE participation requirement and
Kimley-Horn's commitment of 8.0%.
801 - Street, - 1300,
Kimley>>>Horn Page 8
We appreciate the opportunity to be of continued service to the City. Please contact us if we need to
provide any further information.
Very truly yours,
KIMLEY-HORN AND ASSO TES, INC.
9- ,19.
ohn R.Atkins, P.E.
Sr.Vice President
KAFTW Utililies1061018146-NTE-3C\PPPIPOST_NTP1Amendment-21NTE-3C_Am-2_Ltr 2021-with-W1rSwr-Ext.dcc
80111 Ft.Worth, 76102
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, December 14, 2021 REFERENCE NO.: **M&C 21-0993
LOG NAME: 60NTESEG3CA2-KHA
SUBJECT:
(CD 4 and CD 7) Authorize Execution of Amendment No. 2 in the Amount of$500,000.00 to an
Engineering Agreement with Kimley-Horn and Associates, Inc. for the North Tarrant Express Segment 3C,
Interstate Highway 35W Project and Adopt Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council
1.Authorize execution of Amendment No. 2 to City Secretary Contract No. 46834 in the amount of
$500,000.00, an engineering agreement with Kimley-Horn and Associates, Inc., for design
oversight and project management services on North Tarrant Express Segment 3C, Interstate
Highway 35W from United States Highway 81/287 to Alliance Boulevard, for a Total Revised
Contract in the Amount of$669,500.00; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the
Water& Sewer Bond 2016 Fund, in the amount of$600,000.00, by increasing estimated receipts
and appropriations in the North Tarrant Express Segment 3C project (City Project No.0O2635),
and decreasing estimated receipts and appropriations in the Unspecified-All Funds project (City
Project No. UNSPEC) by the same amount.
DISCUSSION:
On June 23, 2009, Texas Department of Transportation (TXDOT) entered into a 10-year Agreement with
North Tarrant Express Mobility Partners (NTEMP) to identify and construct highway improvements in
northeastern part of Tarrant County including portions of Interstate Highway (IH) 35W, IH 820, and State
Highway (SH) 183 corridors within the City of Fort Worth (City). TXDOT and NTEMP control the schedule
timeline, the scope, and the total cost of this project. These improvements affect the City's water and
wastewater infrastructure which often require relocation.
On July 9, 2015, the City executed an administrative engineering agreement with Kimley-Horn and
Associates, Inc., in the amount of$49,500.00 for design oversight and project management services on
North Tarrant Express Segment 3C on IH 35W from United States Highway (US) 81/287 to Alliance
Boulevard. The Agreement was subsequently revised by Amendment No. 1 in the amount of
$120,000.00 authorized on September 13, 2016, Mayor and Council Communication (M&C) C-27910,
that provided for additional design oversight and project management on the project.
Amendment No. 2 will provide the following additional services as NTEMP continues to expand the limits
of the highway project:
• Project management
• Plan reviews of drawings provided by the contractor or other engineers
• Construction support services including attend preconstruction meetings, on-site observations,
construction progress meetings, and shop drawing reviews
• Project meetings with the City, stakeholders, contractors, other consultants, and citizens
• Conflict analysis along IH-35W.
In addition to the contract amount, $100,000.00 ($50,000.00 water, $50,000.00 sewer) is required for
project management and inspection.
NTEMP will reimburse the City for this amendment and future amendments as needed for this project.
The design and construction of the water and sanitary sewer extensions west of IH 35W, are located
outside TXDOT's project limits, and are not eligible for reimbursement.
Funding for the Construction Services on North Tarrant Express Segment 3C, IH 35W from US 81/287 to
Alliance Boulevard Project is as depicted below:
Fund Existing Additional project Total*
Appropriations Appropriations
Water Capital Fund $512,890.00 $0.00 $512,890.00
(59601)
Sewer Capital
Legacy Fund $235,530.00 $0.00 $235,530.00
(59607)
Water/Sewer
Bonds 2016— Fund $120,000.00 $600,000.00 $720,000.00
56005
Project Total IF $868,420.00 $600,000.00 $1,468,420.00
*Amounts rounded for presentation purposes.
This project will have no impact on the Water Department's operating budget when complete.
DVIN OFFICE: Kimley-Horn and Associates, Inc. agrees to maintain its initial MBE commitment of eight
percent that it made on the original agreement and extend and maintain that same MBE commitment of
eight percent to all prior amendments up to and inclusive of this Amendment No. 2. Therefore Kimley-
Horn and Associates, Inc. remains in compliance with the City's BDE Ordinance and attests to its
commitment by its signature on the Acceptance of Previous MBE Commitment form executed by an
authorized representative of its company.
This project is located in COUNCIL DISTRICTS 4 and 7.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified —All Funds project
within the Water/Sewer Bonds 2016 Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in the Water/Sewer Bonds 2016
Fund for the North Tarrant Express Segment project to support the approval of the above
recommendations and execution of the amendment. Prior to any expenditure being incurred, the Water
Department has the responsibility of verifying the availability of funds.
FUND IDENTIFIERS (FIDs),:
TO
Fund Department ccountl Project Program ctivity Budget Reference # Amount
ID ID Year i (Chartfield 2)
FROM
Fund Department ccount Project Program ctivity Budget Reference # Amount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: John Kasavich (8480)
ATTACHMENTS
1. 60NTESEG3CAl-KHA APC Form 02635.pdf (CFW Internal)
2. 60NTESEG3CA1-KHA 1295 form.pdf (CFW Internal)
3. 60NTESEG3CAl-KHA Map01.pdf (Public)
4. 60NTESEG3CA2-KHA funds availability.docx (CFW Internal)
5. 60NTESEG3CA2-KHA 56005 AO22(r2)r.docx (Public)
6. 60NTSEG3CA2-KHA FID Table (WCF 10.19.21).xlsx (CFW Internal)
7. SAM.gov Kimley-Horn and Associates.pdf (CFW Internal)
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