HomeMy WebLinkAboutContract 51434-A1 CSC No.51434-Al
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AMENDMENT No.1
TO CITY SECRETARY CONTRACT
VIVHEI[t(M-6, the City of Fort Worth (CITY) and Kimley-Horn and
Associates, Inc. , (ENGINEER) made and entered into City Secretary
Contract No. 51434, (the CONTRACT) which was authorized by M&C C-
28838 on the llth of September, 2018 in the amount of $400 ,000 . 00;
and
VJHIC EML , the CONTRACT involves engineering services for the
following project: f
Farm to Market Road 156 from United States Route 81/287 to
Watauga Road Water Improvements; and
WHE RblC 6, it has become necessary to execute Amendment No. 1
to the CONTRACT to include an increased scope of work and revised
fee.
1'TOW MICI[$,IEFORIC, 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 the proposal attached hereto and
incorporated herein. The cost to City for the additional
professional services to be performed by Engineer total $90,000 . 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
$490, 000. 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
Page -1- FT. WORTH, TX
EXECUTED and EFFECTIVE as of the date last written by a
signatory, below.
APPROVED: ENGINEER
City of Fort Worth Kimley-Horn and Associates, Inc.
baru�BuruluJoa
Dana Burghdoff( r9,202 8�
Dana Burghdoff Glenn A. Gary, P.E.
Assistant City Manager Senior Vice President
DATE:
Mar 9,2021 DATE: 10,2 7-a(��
APPROVAL RECOMMENDED:
Cl�ifto.�hg tf&de,k
Christopher H rder(Mar9,202107:43 CST)
Chris Harder, P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY:
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.
Joh Kasavich, P.E.
Project Manager
S&Z-vi
Mack(Mar9,282118:14 CST)
Douglas W. Black
Senior Assistant City Attorney
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1.
Mary J. Kayser ,v0 d
City Secretary *°°°° 0
0
00 *� Form 1295 No. :2020-668681
�EXA`�a�p M&C No. : 20-0767
M&C Date: October 20, 2020
OFFICIAL RECORD
CITY SECRETARY
Page -2-
FT. WORTH, TX
K9 m I l y
September 10, 2020
Mr. John Kasavich, P.E.
Project Manager
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, TX 76102
RE: FM 156 From US 811287 to Watauga Road Water Improvements
Amendment No. 1
KHA No. 061018227
City Secretary No. 51434—City Project No. 101682
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 10-22-2018 referred to herein as the"Contract".
Kimley-Horn is pleased to submit our Amendment No. 1 for the City's FM 156 From US 81/287 to
Watauga Road Water Improvements Project.The fees for this Amendment are not to exceed $90,000,
increasing the total not to exceed fee to $490,000. This engineering agreement is partially eligible for
TxDOT reimbursement.
This amendment adds construction phase services to the Contract. The water line construction is
anticipated to end in October 2021.
Kimley-Horn will continue the services outlined as follows and as directed by the City:
TASK 6. CONSTRUCTION PHASE SERVICES EEE
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre-construction conference,the ENGINEER shall provide project exhibits and
attend public meeting to help explain the proposed project to residents.The CITY shall
select a suitable location and mail the invitation letters to the affected customers.
• Prepare and distribute Meeting Notes.
• On-site Observation
• Make up to six(6) site visits at intervals as directed by CITY in order to observe
the progress of the work.
Such visits and observations by ENGINEER are not intended to be
exhaustive or to extend to every aspect of Contractor's work in progress.
Observations are to be limited to spot checking, selective measurement,
.y � �' Pays 2
and similar methods of general observation of the Work based on
ENGINEER'S exercise of professional judgment. Based on information
obtained during such visits and such observations, ENGINEER will
evaluate whether Contractor's work is generally proceeding in accordance
with the Contract Documents, and
ENGINEER will keep CITY informed of the general progress of the Work.
• The purpose of ENGINEER'S site visits will be to enable ENGINEER to
better carry out the duties and responsibilities specifically assigned in this
Agreement to ENGINEER, and to provide CITY a greater degree of
confidence that the completed Work will conform in general to the Contract
Documents. ENGINEER shall not,during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have
control over Contractor's work, nor shall ENGINEER have authority over
or responsibility for the means, methods, techniques, equipment choice
and usage,sequences, schedules, or procedures of construction selected
by Contractor, for safety precautions and programs incident to
Contractor's work,nor for any failure of Contractor to comply with laws and
regulations applicable to Contractor's furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractor's failure to
fumish and perform its work in accordance with the Contract Documents.
• Progress Meetings
• Attend up to twenty (20) biweekly TxDOT progress meetings and visit the site for
observation at that time.
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• Attend up to ten (10)CITY construction progress meetings. f
• Shop drawing, samples and other submittals Review
• Review up to ten (10) shop drawings, samples and other submittals submitted by
the contractor for general conformance with the design concepts and general
compliance with the requirements of the contract for construction. l
• Such review, approvals or other action will not extend to means, methods,
techniques, equipment choice and usage, sequences, schedules, or procedures
of construction orto related safety precautions and programs and shall not relieve
the Contractor from its responsibility for performance in accordance with the
contract for construction, nor is such review a guarantee that the work covered by
the shop drawings, samples and submittals is free of errors, inconsistencies or
omissions.
• Log all shop drawings, samples and other submittals.
• Substitutions
• Evaluate and determine the acceptability of up to ten (10) substitute or"or-equal"
materials proposed by Contractor in accordance with the Contract Documents, but
subject to the provisions of applicable standards of the state or the CITY.
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Kimley)Horn age
• Request for information (RFI):
• Provide necessary interpretations and clarifications of contract documents, and
make recommendations as to the acceptability of the work for up to two (2) RFI's.
ENGINEER 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.
• Change Orders
• Provide support for Change Orders as requested by the CITY. Change Order
support may include review and recommendations to the CITY for the execution
of change orders.
• Final PROJECT Part Walk Through
• Attend the"Final" PROJECT Part walk through and assist with preparation of final
punch list. Attend one (1) final site visit to determine if the completed Work of
Contractor is generally in accordance with the Contract Documents.
• ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or of any of their subcontractors, suppliers, or of any other
individual or entity performing or furnishing the Work. ENGINEER shall
not have the authority or responsibility to stop the work of any Contractor.
6.2 Record Drawings
• The ENGINEER shall prepare Record Drawings from information provided by the CITY
depicting any changes made to the Final Drawings during construction.The following
information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a stamp
on the plans indicating that they represent Record Drawings of the project as
constructed.The stamp shall be signed and dated by the ENGINEER and shall be
placed on each plan sheet,whether there are any revisions on the sheet or not. Each
sheet shall clearly indicate all changes which apply to that sheet by clouding and
numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by others and
represent the as constructed conditions to the extent that documented changes
tz4iitl`�f l[�ll�i4>�°lRe,[' 8010 0 Worth, 0
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Kimley',>>Horn
were provided for recording.The ENGINEER assumes no liability for
undocumented changes and certifies only that the documented changes are
accurately depicted on these drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as
Record Drawings, on mylar for record storage.The ENGINEER may keep copies of the
information provided by the CITY for their files, but all original red-lined drawings shall be
returned to the CITY with the mylars.
• Record Drawings shall also be submitted in both Adobe Acrobat PDF format(version 6.0
or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file
for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each
PDF and DWF file shall contain all associated sheets of the particular plan set. Singular
PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF
flies shall conform to naming conventions as follows:
I. TPW file name example—"W-1956_rec47.pdf"where"W-1956"is the assigned file
number obtained from the CITY, "_rec" designating the file is of a record drawing
plan set,1147"shall be the total number of sheets in this file.
Example: W-0053_rec3.pdf and K-0320 org5.pdf
II. Water and Sewer file name example-11X-35667_rec36.pdf" where "X-35667" is
the assigned file number obtained from the CITY, "_rec"designating the file is of a
record drawing plan set,1136"shall be the total number of sheets in this file.
Example: X-12755_rec18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in
Buzzsaw.
ASSUMPTIONS
• Two (2) RFI's are assumed.
• Two (2) Change Orders are assumed
• One copy of full size (22"x34") mylars will be delivered to the CITY.
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
F. Record Drawings on Mylar
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801 Cherry Street,Unit 11,Suite 1300,
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The following table summarizes the fee for this amendment by project phase:
Original Amend Revised
Description Fee No. 1 Contract
Design Management $25,200 - $25,200
Conceptual Design $17,600 - $17,600
Preliminary Design $139,700 - $139,700
Final Design $88,700 - $88,700
Bid Phase Services $18,500 - $18,500
ROW/Easement Services $27,200 - $27,200
Survey and SUE $60,700 - $60,700
Permitting Services $22,400 - $22,400
Construction Phase Services - $90,000 $90,000
Total Project $400,000 $90,000 $490,000
Water Sewer Total
Original Contract $400,000 $0 $400,000
Amendment No. 1 $90,000 $0 $90,000
Total $490,000 $0 $490,000
Kimley-Horn will perform the construction phase services. During the project design the SBE
participation was revised to $127,192.00 (31.8%). The total contract SBE participation will remain
$127,192.00 (26%)for this amendment.
The following tables summarize our revisions to the SBE percentages:
?,,,wu 8010 1 Ft.Worth,.TX76102
5
>>Horn Page
Original Scope Amend. Revised Revised
Firm Primary Fee Mod.Fee No. 2 Fee Fee
Responsibility Amount Amount Amount Amount
Prime Consultant
Kimley-Horn and Civil $230,756 $42,052 $90,000 $362,808 74.0%
Assoc., Inc. Engineering/CCA
SBE Sub-
Consultants
V&A Consulting Cathodic $19,138 $0 $0 $19,138 3.9%
Engineers, Inc. Protection
CMJ Engineering, Geotechnical $43,000 ($9,248) $0 $33,752 6.9%
Inc. Engineering
Gorrondona & Survey and $53,426 ($974) $0 $52,452 10.7%
Assoc., Inc. Easements
The Rios Group Subsurface Utility $21,550 ($11,900) $0 $9,650 2.0%
Engineering
JQ Infrastructure, Structural $0 $12,200 $0 $12,200 2.5%
LLC Engineering
Non-SBE Sub-
Consultants
Bennett Trenchless Trenchless $32,130
Engineers Engineering ($32,130) $0 $0 0%
TOTAL $400,000 $0 $90,000 $490,000 100%
Total Contract
Description Original Revised
Contract Amount $400,000 $490,000
Total Contract $137,114 $127,192
SBE
Total Contract 34.3% 26.0%
SBE Percentage
City's SBE Goal 10.0% 10.0%
Attached is the hourly rate schedule for this amendment.
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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.
Texas Registration No. F-928
1`2�
Glenn A. Gary, P.E.
Sr. Vice President
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K:TTW UU1tes1081018189-FW NTE SEG 4-38-IN WATERIPPPIPOST NTP1Ammendment-2WTE Amendment 2 Summary LU.doc ,
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Kimley-Horn and Associates, Inc.
Standard Rate Schedule
(Hourly Rate)
Senior Professional 1 $250-$275
Senior Professional II $185-$260
Professional $165-$215
Analyst $115-$185
Senior Technical Support $120-$200
Technical Support $75-$105
Support Staff $85-$125
Effective through June 30, 2021
Subject to periodic adjustment thereafter
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City of Fort Worth, `texas
Mayor and council Communication
DATE: Tuesday, October 20, 2020 REFERENCE NO.: **M&C 20-0767
LOG NAME: 60FM156-CIRCLEC-KHA
SUBJECT:
(CD 2 and CD 7)Authorize Execution of Amendment No. 1 in the Amount of$90,000.00 to an Engineering
Agreement with Kimley-Horn and Associates, Inc. for Farm to Market Road 156 from United States Route
81/287 to Watauga Road Water Improvements, Authorize Execution of a Contract with William J. Schultz,
Inc. dba Circle C Construction Company, in the Amount of$2,746,775.00 for the Farm to Market Road 156
from United States Route 81/287 to Watauga Road Water Improvements, Provide for Project Costs for a
Project Total in the Amount of$3,266,525.00, Adopt Resolution Expressing Official Intent to Reimburse
Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Amendment No. 1 to City Secretary Contract No. 51434, an engineering
agreement with Kimley-Horn and Associates, Inc., in the amount of$90,000.00 for construction
support services for the Farm to Market Road 156 from United States Route 81/287 to Watauga Roac
Water Improvements project for a revised contract amount of$490,000.00;
2. Authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company
in the amount of$2,746,775.00 for the Farm to Market Road 156 from United States Route 81/287 to
Watauga Road Water Improvements project;
3. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of
future debt for the Farm to Market Road 156 from US 81/287 to Watauga Road Water Improvements
project; and
4. Adopt the attached Appropriation Ordinance adjusting appropriations in the Water and Sewer
Commercial Paper Fund by increasing appropriations in the amount of$3,266,525.00 in the Farm to
Market Road 156 from United States Route 81/287 Water Improvements project(City Project No.
101682) and decreasing appropriations in the Unspecified project(City Project No. UNSPEC) by the
same amount.
DISCUSSION:
On September 11, 2018 Mayor and Council Communication (M&C C-28838), the City Council authorized ar
engineering agreement with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 51434), in the
amount of$400,000.00 for the design of Farm to Market Road (FM)156 from United States Route (US)
81/287 to Watauga Road Water Improvements project.
As part of Amendment No. 1, the engineer will perform construction support services including shop
drawings and submittal reviews, change order review and site inspections.
The Texas Department of Transportation (TXDOT) proposes to reconstruct and widen FM 156 (Blue Mound
Road)from US 81/287 to Watauga Road. This project has also been identified and specifically listed in
Mobility 2040: Metropolitan Transportation Plan for North Central Texas, developed by North Central Texas
Council of Governments (NCTCOG). Due to conflicts with the proposed roadway and drainage construction
water main relocations or vaulUstructure adjustments necessary along the FM 156 corridor at the following
crossings: Heritage Trace Parkway,Copper Crossing Drive, Harmon Road, and E. Bailey Boswell Road,
Basswood Boulevard and Western Center Boulevard.
Construction of the project was advertised for bid on July 30, 2020 and August 6, 2020 in the Fort Worth
Star-Telegram. On September 3, 2020 the following bids were received.
BIDDER AMOUNT TIME OF
COMPLETION
William J. Schultz Inc. dba Circle C Construction F2,746,775.00�F280 Calendar Days
Company
M-Co Construction $2,850,393.00
Mountain Cascade of Texas, LLC $2,867,969.00
Wilson Contractor Services, LLC $3,099,570.60 j
Jackson Construction, LLC $3,789,555.00
In addition to the contract cost, $292,411.00 is required for project management, inspection and material
testing and $137,339.00 is provided for project contingency.
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. To the extent resources other than the Water and Sewer
portfolio are used to provide interim financing, the Water& Sewer Fund will be charged interest that is
equivalent to the overall rate of return being earned by the City portfolio (currently approximately 2.3 percen
annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term f
financing source, another funding source will be required, which could mean issuance of securities under th j
CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. 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. I
The City Council approved the Water Department's Fiscal Year 2020-2024 Five Year Capital Improvement
Plan on September 17, 2019. This City Council approved plan includes this specific project, with funding
identified through the CP program to be reimbursed with future revenue bonds. In accordance with the
provisions of the Financial Management Policy Statements, staff anticipates presenting revenue-supported
debt issued within approximately three years to provide reimbursement for these expenses. If that does not
occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have
to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City tc
sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds.
Appropriations for the FM 156 from US 81/287 to Watauga Road Water Improvements are as depicted
below.
Esisting Additional
Fund Appropriations Appropriations Project Total*
rFuSn
Capital Project 2019— $g10,000.00F $0.00 $810,
d 56016 000.00
W&S Commercial Paper— $0.00 $3,266,525.00 $3,266,
Fund 56019 525.00
Project Total $810,000.00 $3,266,525.00 $4,076,525.00
a
*Numbers rounded for presentation.
This project will have no impact on the Water Department's operating budget when completed.
M/WBE OFFICE: William J. Schultz, Inc. dba Circle C Construction Company is in compliance with the City'
BIDE Ordinance by committing to zero percent MBE participation and documenting good faith effort. Willian
J. Schultz, Inc. dba Circle C Construction Company identified several subcontracting and supplier
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opportunities. However, the firms contacted in the areas identified did not respond or did not submit the
lowest bids. The City's MBE goal on this project is seven percent.
M/WBE OFFICE: Kimley-Horn Associates—A waiver of the goal for MBE/SBE subcontracting requirements
was requested by the Department and approved by the OBD, in accordance with the M/WBE or BIDE
Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
The project is located in COUNCIL DISTRICTS 2 and 7.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the FM15(
WL Relocation project. Prior to any expenditure being incurred, the Water Department has the responsibility
of verifying the availability of funds.
FUND IDENTIFIERS (FIDs):
TO _ _ _
lFul-D-e-p-a-rim--
ent Account! Project Programcti Budget Reference# amount;
ID ID Year (Chartfield 2)
FROM _
fFund Department Accoun Project lProgratctivify� Budget Reference# moun]
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. 60FM156 CircleC Compliance.pdf (CFW Internal)
2. 60FM156 CircleC SAM.pdf (CM Internal)
3. 60FM156 KHA SAM.pdf (Public)
4. 60FM156-CircleC 1295.pdf (CM Internal)
5. 60FM 1 56-Ci rcleC KHA Resolution.pdf (Public)
6. 60FM156-CircleC-KHA FID Table.pdf (Public)
7. 60FM156-CircleC-KHA Funds Available.docx (CM Internal)
8. 60FM156-CIRCLEC-KHA 56019 A021(R4).docx (Public)
9. 60FM156-CircleC-Mappdf (Public)
10. 60FM156-KHA 1295.pdf (CFW Internal)
11. 60FM156-KHA Waiver.pdf (CM Internal)
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Sign In
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Details Reports
File #: M&C 20-0767 Version: 1 Name:
Type: Award of Contract Consent Status: Passed
File created: 10/15/2020 In control: CITY COUNCIL
On agenda: 10/20/2020 Final action: 10/20/2020
(CD 2 and CD 7) Authorize Execution of Amendment No. 1 in the Amount of
$90,000.00 to an Engineering Agreement with I<imley-Horn and Associates, Inc. for
Farm to Market Road 156 from United States Route 81/287 to Watauga Road Water
Improvements, Authorize Execution of a Contract with William J. Schultz, Inc. dba
Title: Circle C Construction Company, in the Amount of$2,746,775.00 for the Farm to
Market Road 156 from United States Route 81/287 to Watauga Road Water
Improvements, Provide for Project Costs for a Project Total in the Amount of
$3,266,525.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures
with Proceeds of Future Debt and Adopt Appropriation Ordinance
1. M&C 20-0767, 2. 60FM156-CircleC-KHA FID Table.pdf, 3. 60FM156 KHA SAM.pdf,
Attachments: 4. 60FM156-CircleC KHA Resolution.pdf, 5. 60FM156-CircleC-Map.pdf, 6. 60FM156-
CIRCLEC-KHA 56019 AO21(R4)pdf
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History(1) Text
1 record Group Export
Date Ver. Action By Action Result Action Details Meeting Details Video
10/20/2020 1 CITY COUNCIL Approved Action details Meeting details Not available
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