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HomeMy WebLinkAboutContract 55971-A1 CSC No. 55971-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No. 55971 WHEREAS, the City of Fart Worth (CITY) and 1 imdey-Horn and Associates, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 55971 , (the CONTRACT) which was authorized by M&C 21- 0482 an the 22"d day of June, 2021 in the amount of $1,370,265 . 00; and WHEREAS, the CONTRACT involves engineering services for the following project: Westside TV Elevated Water Storage 'Tank and 36 Inch Water Transmission Main; WHEREAS , it has become necessary to execute Amendment No. 1 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 $307,BB5. 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 $1, 678,150, 00. 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect.. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Prge Services AgrGeMeQnt Amendment Template Revision Dato: November 23, 2Ul [We5tside IV WST and Tranrmi,SSiorn Main) Page 1 of � [cm 1032921 EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager , APPROVED: ENGINES City al: Font Worth {i y Rio n n sscciates, Inc. Dana Burghdoff(Nov 17,2 16:28 CST Dana Burghdoff o n Atkins, P.E. Assistant City Manager Vice President DATE: Nov 17, 2022 DATE APPROVAL RECOMMENDED: cht! opher ffarder Christopher Harder(Nov 16,202207:20 CST) Chris Harder, P.E. Director, Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible .for the monitor:i.nq and administration of this contract, including ensuring all performance and reporting requirements . ae � 11/14/2022 Farida Goderya, P.E, Senior Project Manager APPROVED AS TO FORM AND LEGALITY: M&C : 22-0886 WA Date: 1 1/08/2022 Milack(Nov 17,202214:37 CST) Douglas W. Black Form 1.2 95 : 2022-938189 Senior Assistant City Attorney 4gp4pn % b �Il a FORT a ���F0000000a o�OIs10 do ATTEST: puo oxo 9ar0. uzef Y. Co�o�a� Doan nEop544p Jannette S.Goodall(Nov 18,2022 08:16 CST) Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 1'raf Sorvireq Acireament Amendmatit 'I`nuplato Itc.vibluu DaLo: No"wbujL 23, 2021 (wests.i.de IV WS'i` and TranamiSSian Meiinj Iagv 2 of 2 ICPN 1032921 Kimley))>Harry September22,2022 Ms. Farida S.Goderya, PhD,P.E. Senior project Manager City of Fork Worth Water Department 200 Texas Street Fart Worth, TX 76102 Re: WESTSIDE IV ELEVATED STORAGE TANK AND TRANSMISSION MAIN Amendment No. 1 KHA No. 061018398 City Project No. 1032921 City Secretary No. 55971 Dear Farida: The City of Fort Worth(CITY)has requested that Kimley-Horn perform additional services under Amendment Number 1 for the WESTSIDE IV ELEVATED STORAGE TANK AND TRANSMISSION MAIN project. After Kimley-Horn designed the conceptual alignment study portion of the transmission main for Westside IV, the City determined that it would be beneficial to have Kimley-Horn assume the design of the parallel mains of the Westside III and V projects. The City also asked to split the transmission main project into two separate construction contracts, one being north of Aledo Road with the combined Westside III11V/V mains, and the rest of the WS-IV main south of Aledo Road, towards the EST. There was also a need to include a surge analysis for the Westside IV and V transmission mans as well as one additional easementforthe electric service to the EST. These improvements are further described as follows: TASK 1.0 — DESIGN MANAGEMENT: ($19,550) ENGINEER will complete Design Management in accordance with the Original Contractfor the following-- 0 Eighteen(18)monthly meetings were included in the original contract. An additional twenty (20) meetings have cccurred and an additional six(6)are anticipated. TASK 2.0 ❑ — TRANSMISSION MAIN-CONCEPTUAL DESIGN: ($13,400) ENGINEER will complete Conceptual Design in accordance with the Original Contract for the following: + The original contract included design for 15,000 to 18,000 linear feetof 36-inch main. The City requested the ENGINEER to add a parallel 36-inch transmission main(Westside V). The revised design package includes 23,167 Iinearfeet resulting in an additional 5,167 linear feet of design. 1 801 - 1300, Ft.Worth, 5102 Ki ey O Horn Page 2 TASK 3.0 B TRANSMISSION MAIN-60% DESIGN; ($21,620) ENGINEER will complete 6O% Design in accordance with the Original Contract for the following: • The original contract included design for 15,000 to 18,000 linear feetof 36-inch main. The City requested the ENGINEER to add a parallel 36-inch transmission main (Westside V)_ The revised design package includes 23,167 linear feet resulting in an additional 5,167 linear feet of design. "CASK 4,0 B — TRANSMISSION MAIN-FINAL DESIGN: ($87,715) ENGINEER will complete Final Design in accordance with the Original Contract for the following: • The original contract included design for 15,000 to 18,000 linear feet of 36-inch main. The City requested the ENGINEER to add a parallol 36-inch transmission main (Westside V). The revised design package includes 23,167 linearfeet resulting in an additional 5,167 linear feet of design. The City requested a Surge Analysis to be performed for both the Westside IV and V Transmission mains from the Markum Ranch Pump Station to the Westside IV and V Elevated Storage Tanks. * Cathodic Protection design was increased to allow for the additional parallel Westside V 36- inch transmission main. Tunneling engineering was added to assist in evaluation of the Union Pacific Railroad Crossing due to differential soil materials located in the tunnel horizon. TASK 5.0 B — TRANSMISSION MAIN-BID PHASE: ($23,260) ENGINEER will complete Bid Phase services in accordance with the Original Contract for the following: The original contract included bid phase services for two(2)projects: one(1)fortheElevated Storage Tank and one(1)for the Transmission Main. Due to property acquisition timing,the City requested that the transmission main be divided into two(2)phases with two(2) separate bids. TASK 6.0 B — TRANSMISSION MAIN-CONST. PHASE SVCS: ($108,515) ENGINEER will complete Construction Phase Services in accordance with the Original Contract for the following: • The original contract included Construction Phase Services for two(2)projects: one(1)for the elevated Storage Tank and one(1)for the Transmission Main. D ue to property acq uisition timing,the City requested that the transmission main be divided into two(2) phases with two(2)separate construction contracts requiring additional construction phase services. In addition,the increased linear footage of transmission main will require additional shop drawings to be reviewed. ENGINEER will complete the following additional tasks not included in the Original Contract: • Maintain Report Log m ENGINEER will maintain a log of test results as they are received. • Coordination with Testing Lab and City 80100 Kimley>))Horn P8ge3 ■ ENGINEER will coordinate with Testing Lab regarding any discrepancies as well as timing of proposed testing. INGINEER will notify CITY of failed tests. • Review of Testing Reports ■ ENGINEER will review materials testing reports as they are received to determine conformance with the Construction Contract Documents,and whether Further clarification is required from the Testing Lab_ • Limitationof Responsibilities ■ ENGINEER shall not be responsible for the acts or omissions of the City's testing lab. ENGINEER shall not have the authority or responsibility to direct the work of the City's testing lab. TASK 8.0 -- SURVEY/SUE ($33,825) ENGINEER will complete Survey and SUE services in accordance with the Original Contract for the following: • The original contract included topographic survey along the transmission main alignment with the assumption that access to the elevated storage tank would follow the transmission main alignment. Additional survey was required to survey the existing access road for the easement needed to access the elevated storage tank site. + Additional survey was required to stake the proposed transmission main alignment for the property owner to review its alignment across the property. This survey was not included in the original contract. * The orig inal contract included up to four(4) locations for Level A Subsurface Utility Engineering (SUE)and three(3)days for Level B SUE. Due to the discovery of additional utility conflicts, additional SUE was provided as part of the design to avoid conflicts during construction, We recommend that the City increase the budget by$307,885 for these additional services. The following tables summarize our recommended budget revisions, design fees, and revised contract amounts are shown on the next page: 80110 Kimlep)Horn Page 4 Description Water Total Task 1 --Design Management $19,550 $19,550 Task 2A—EST Site Selection $0 $0 Task 2B—Transmission Main Alignment Study $0 $0 Task 2C--EST Concept Design/PDR $0 $0 Task 2D--TM Concept Design $13,400 $13,400 Task 3A—EST Preliminary Design $0 $0 Task 3B—TN160% Design $211620 $21,620 Task 4A EST Final Design $0 $0 Task 48—TM Final Design $87,715 $87,715 Task 5A—EST Bid Phase Services $0 $0 Task 5B—TM Bid Phase Services $23,260 $23,260 Task 6A EST Ccnstruction Phase Services $0 $0 Task 66—TM Construction Phase Services $108,516 $108,515 Task 7—ROW/Easement Services $0 $0 Task 8—Survey Services $33,826 $33,825 Task 9—Permitting $0 $0 Task 10—Additional Services $0 $0 Total $307,885 $307,885 The fallowing breakdown for water and sewer services is recommended: Water Fee Sewer Fee Sury Fey Total Original Contract $1,290,255 $0 $80,010 $1,370,265 Amendment No. 1 $285,885 $0 $22,000 $307,885 Total 1 $1,576,140 $0 1 $102,010 1 $1,678,150 1 801 Cherry Street, Unit 11, Suite 1300, Kimley> Horn Page 5 The fallowing table summarizes our recommended budget revisions and shows the revised contract amount: Original Amend Revised Contract No.1 Contract Task 1 $45,255 $19,550 $64,805 Task 2A $96,499 $96,499 Task 2B $63,000 $63,000 Task 2C $50,470 $50,470 Task 2D $49,145 $13,400 $62,545 Task 3A $42,970 $42,970 Task 3B $159,856 $21,620 $181,476 Task 4A $116,262 $11s,262 Task 4B $175,945 $87,715 $263,660 Task 5A $19,865 $19,865 Task 513 1 $23,260 $23,260 $46,520 Task 6A $157,590 $157,590 Task 6B $88,365 $108,515 $196,880 Task 7 $34,565 $34,565 Task 8 $135,199 $33,825 $169,024 Task 9 $79,015 $79,015 Task 10 $33.005 $33,005 Total $1,370,265 $307,885 $1,678,150 Project 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 ASSOCIATES, INC. �.dq ,, 'P. , '' f 4J, .Atkins, P.E. JeniferTatum, P.E. Vice President Vice President! 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N Fi1M11.R Is•E.Y.I Or El"S9ep111Mr[ T rpkal w.l.r.nd a—R.pl.o.-M FW,YrR 41701.1 R.N.e.D.I.,aN9017 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, November 8, 2022 REFERENCE NO.: `M&C 22-0886 LOG NAME: 60WESTSIDE III11V1V WATERMAINSP2- I(HA & MCKEE SUBJECT: (CD 3)Authorize Execution of Amendment No. 1 In the Amount of$307,885,00 to an Engineering Agreement with Kimley-Warn Associates, Inc., for Westside IV Elevated Water Storage Tank and Transmission Main project, Authorize Execution of a Contract with McKee Utility Contractors, Inc, in the Amount of$8,081,011.00 for Westside IV Elevated Water Storage Tank and Transmission Main Project, Provide for Total Project Costs in the Amount of$11,009,481.00, Authorize Acceptance of Funds from Walsh Ranches Limited Partnership in the Amount of$324,256.00,,Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinances to Effect a Portion of Waters Contribution to the Fiscal Years 2023-2027 Capital Improvement Program REQ0M-IAEI NDATION: It is recommended that the City Council: 1.Authorize execution of Amendment No. 1 to City Secretary Contract No. 55971 in the amount of $307,885.00, an Engineering Agreement with Kimley-Horn Associates, Inc., for construction support services for Westside IV Elevated Water Storage Tank and Transmission Main project (City Project No. 103292) for a revised contract amount of$1,678,150.00; 2.Authorize execution of a contract with McKee Utility Contractors, Inc. In the amount of$8,081,011.00 for the Westside IV Elevated Water Storage Tank and Transmission Main project (City Project No. 103292); 3.Authorize the acceptance of funds from Walsh Ranches limited Partnership In the amount of $324,256.00 (CSC 58178); 4.Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of$324,256.00, received from Walsh Ranches Limited Partnership,for the purpose of providing funding for the Westside IV Elevated Water Storage Tank and Transmission Main project (City Project No. 103292); 5.Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Westside IV Elevated Water Storage Tank and Transmission Main project; and 6.Adopt the attached appropriation ordinance adjusting appropriations in the W&S Commercial Paper Fund by increasing appropriations in the Westside IV Elevated Water Storage Tank and Transmission Main project(City Project No, 103292) In the amount of$8,853,934.00 and decreasing appropriations in the W&S Commercial Paper project(City Project No. UCMLPR) by the same amount to effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUS$I_0N: On June 22, 2021, Mayor and Council Communication (M&C) 21-0482, the City Council authorized an engineering agreement with Kimley-Horn Associates, Inc., (City Secretary Contract No. 55971), in the amount of$1,370,265.00 to prepare plans and specifications for the construction of Westside IV Elevated Water Storage Tank and 36 inch Water Transmission Main. The purpose of this M&C is to authorize execution of Amendment No. 1 to City Secretary Contract No. 55971 in the amount of$307,885,00, an Engineering Agreement with Kimley-Horn Associates, Inc., for construction support services for Westside IV Elevated Water Storage Tank and Transmission Main project (City Project No. 103292)for a revised contract amount of$1,678,150.00 and execution of a contract with McKee Utility Contractors, Inc. in the amount of$8,081,011.00 for the Westside IV Elevated Water Storage Tank and Transmission Main project (City Project No. 103292). As part of Amendment No. 1, the Engineer will provide construction phase services, additional pipeline design, additional survey services, surge analysis for the Westside IV and V water transmission mains and dividing the project into two parts to accelerate completion of the project. The project was advertised for bid on August 18 and 25, 2022, in the Fort Worlb Star-Telegram. On September 15, 2022, the following bids were received- Bidder Base Bid (Additive Alternate Contract �- I Bid Total Bid Time McKee --- �� ---325 Utility Contractors, $7,756,755.00 $324,256.001 $8,081,011.00 Calendar Inc. Days. Mountain - ----- - - -- Cascade of $9,056,478.00 $331,321.00 $9,387,799.00 Texas, LLC S.J. I_auis - J ----- - - , Construction $9,769,O61.41 $313,974.51 $10,083,035.92 of Texas, Ltd, i Harper -- - - - - Brothers Construction, $10,927,114,72 $351,758.13 $11,278,872.85 I LLC --- - J Reyes F$—I, 199,114.00 -- $647,774.00 $11,846,8BB.00� Group, Ltd. Walsh Ranches Limited Partnership (WRLP), pursuant to a previously executed Developer Fundinn Agreement (CSC 58178), has contributed the amount of $324,256.00 to pay for the cost of the Additive Alternate Bid which consists of two 16-inch and one 24-inch stub out as requested by WRLP during the design of this project, In addition to the contract cost, $517,808.00 is required for project management and inspection and $271,486.00 is provided for project contingency. M&C 21-0482 authorized $461,026.00 for project management, real property acquisitions, and utility coordination in relation to Kimley-Horn and Associates, Inc's original engineering contract. This project will have no impact an the Water Department's operating budget when complete. Funding is budgeted in the W&S Commercial Paper project within the W&S Commercial Paper Fund for the purpose of funding the Westside IV Elevated Water Storage Tank and Transmission Main project project. This project is anticipated to be included in a future revenue bond issue for the Water & Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt Is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached reimbursement resolution. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds, It is the practice of the Water Department to appropriate its GIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will amend the City of Fort Worth's Fiscal Year 2023-2027 Capital Improvement Program as follows: 60WESTSIDE 11l1lVIV WATERMAINSP2, KHA & MCKEE r Capital -- Budget Revised Project FY2023 CIP Budget Change 2023 Name Fund Name Appropriations Authority (IncreaselDeerease B I Budget 56021- 103292 $0.00 This M&C $8,853,934.00 $8,853.934.00 W&S - WSIV Commercial Elevated Paper WST & Trans 56002- 103292 Water & WSIV Sewer Elevated Capital WST & $0.00 This M&C $324,256,00 $324,256.00 Projects Trans Fund Main -- — Funding for the WS IV Elevated WST&Trans Main project is depicted below: Existing Additional FUND Project Total* Appropriations Appropriation W&5 Rev Bonds Series $1,831,291.00 $0.00 $1,831,291.00 2022 Fund 56020 _ W&S Commercial Paper $0.00 $8,853,934.00 $8,853,934.00 Fund 56021 W&S Capital Projects Fund $0.00 $324,256.00 $324,266.00 56002 _ project Total L $1,831,291.001 $9,178,190.00 $11,009,481.00 *Numbers rounded for presentation purposes. Business Equity - McKee Utility Contractors, Inc, is in compliance with City's Business Equity Ordinance by committing to five percent Business Equity participation on this project. The City's Business Equity goal on this project is five percent. Business Equity- Kimley-Horn Associates, Inc. (KHA) agrees to maintain its initial MIWBE commitment of 10 percent that it made on the original agreement and extend and maintain that same MIWBE commitment of 10 percent to this first amendment. Therefore Kimley-Horn Associates, Inc. (KHA) remains in compliance with the City's Business Equity Ordinance and attests to its commitment by its signature on the Acceptance of Previous MIWBE commitment form executed by an authorized representative of its company. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that funds are currently available in the W&S Commercial Paper project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Commercial Paper Fund and the W&S Capital Projects Funds for the WSIV Elevated WST&Trans Main project to support the approval of the above recommendations and execution of the amendment to the engineering contract and the construction contract. The Water Department(and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): Ta F'undi Department IAccountl project IProgram!Activityl Budget Reference # -]Amoun M ID ID�IT Year I� (Chartfield 2) Fund Department ccaunt� project Program ctivity Budget Reference # mount ID _ — ID � TYear___(Chartfieid� -- CATIONS: Submitted for City Manager's Office by; Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact; Farida Goderya (8214) ATTACHMENTS 1.60WESTSIDE ill IV V WATERMAIN5P2- KHA& MCKEE Brads availabilay,a (CFW Internal) 2.60WESTSIDE IIIIVV WATERMAINS- KHA& MCKEE 1295 Farm ( ),pA (CFW Internal) 3.60WEST5 DE I I I IVV.WATERMAINS- KHA& MCKEE 1295 Form Mc ee)Apdf (CFW Internal) A,60WESTSIRE= IIIIVV WATERMAINS- KHA & MCKEE APC Farm (KHA),pcff (CFW Internal) 5.60WESTSIDE IIIIVV WATERMAINS- KHA_&MCKEE CQrnp Memo (McKe , ddf, (CFW Internal) 6. 60WESTSIDE IIIIVV WATERMAINS-KHA& MCKEE FID Table WCF 10.13.22.xlsx (CFW Internal) 7. 60WESTS DE I E MAINS- KHA& MCKEE Map.pdf (Public) 8, 60WESTSIDE IIIIVV WATERMAINS KHA& MGKEE_SAM .( HAHA),pdf (CM Internal) 9. 60WESTSIDE IIIIVV WATERMAINS- KHA!& MCKEE SAM (McKee),pd{ (CFW Internal) 10.0RD.APP60WESTSIDE_WATER- KHA & MCKEE 66002_AO23(L).. {Public} 11.QRD.APP60 T DE WATER_KHA & MCKEE 56021 AO2 (rr§),docx (Public) 12, PBS CPN 103292..pdf (CFW Internal) 13. 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