HomeMy WebLinkAboutContract 57215-R3CSC No. 57215-R3
CITY OF FORT WORTH
3rd AND FINAL RENEWAL OF AGREEMENT
WHEREAS, this Renewal of Agreement is between the City of Fort Worth, ("CITY"),
and Westhill Construction, Inc. ("CONTRACTOR"); and
WHEREAS, M&C 22-0100 (February 8, 2022) authorized the Original Agreement
and up to 3 renewals ("Renewal") for the Project generally described as: Utility Cut Street
Repair Contract 2022 (City Secretary #57215); and
WHEREAS, CITY and CONTRACTOR exercised the first renewal of the Original
Agreement on August 26. 2022: and
WHEREAS, CITY and CONTRACTOR exercised the second renewal of the Original
Agreement on Julv 3. 2023. and
WHEREAS, CITY and CONTRACTOR desire to exercise the third and final renewal of the
Original Agreement; and
WHEREAS, funding for this third and final Renewal is available and appropriated
pursuant to ordinance no. 26453-09-2023
therein.
NOW, THEREFORE, it is agreed by the CITY and CONTRACTOR as follows:
Article I
The Original Agreement is hereby renewed for a third and final term as described
Article II
The CONTRACTOR's compensation for this Renewal shall remain $1,000,000, as
specified in the Original Agreement.
Article III
All other provisions of the Original Agreement shall remain in full force and effect.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Third and Final Renewal of Agreement Page 1 of 2
Utility Cut Repair Contract 2022
Westhill Construction, Inc.
CSC No.
EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City
Manager.
APPROVED:
City of Fort Worth
Daum BurtHdaff
Dana Burghdoff (Nov 1 , 202317:00 CST)
Dana Burghdoff
Assistant City Manager
DATE: Nov 17, 2023
APPROVAL RECOMMENDED:
C%ik-�-� tl1211-de-1-
Christopher Harder (Nov 14, 2023 14:47 CST)
Chris Harder, P.E.
Director, Water Department
Westhill Construction, Inc.
Qi\�.
Angela Reynoldv
s
President
DATE: \%Z) Ac\ [-�
APPROVED AS TO FORM AND LEGALITY:
M&C: 22-0100 (Authorization)
Date: February 8.2022
Mack (Nov 15, 2023 15:00 CST)
Douglas W. Black
Sr. Assistant City Attorney
ATTEST:
Jannette Goodall
City Secretaly
A , 000 R�°o 0 0
a° xo° a94d
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Pvo °Sd
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Gantt nezAt"'O
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.
hris Underwood OFFICIAL RECORD
Senior Engineering Technician CITY SECRETARY
FT. WORTH, TX
Third and Final Renewal of Agreement Page 2 of 2
Utility Cut Repair Contract 2022
Westhill Construction, Inc.
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0061 13- 1
PERFORMANCE BOND
Page 1 of 2
SECTION 00 61 13
PERFORMANCE BOND BOND NO. 5312550-R3
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Westhill Construction, Inc. , known as "Principal"
herein and Markel Insurance Company a corporate surety(sureties, if
more than one) duly authorized to do business in the State of Texas, known as "Surety" herein
(whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of,
One Million and 00/100 Dollars ($ 1,000,000.00 ), lawful money of the United States, to be
paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City
awarded the 8t' day of February , 20 22 , which Contract is hereby referred to and made a
part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
and other accessories defined by law, in the prosecution of the Work, including any Change
Orders, as provided for in said Contract designated as Utility Cut Repair Contract 2022, City
Proiect No. UC-012022 — Third and Final Renewal
NOW, THEREFORE, the condition of this obligation is such that if the said Principal
shall faithfully perform it obligations under the Contract and shall in all respects duly and
faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
specifications, and contract documents therein referred to, and as well during any period of
extension of the Contract that may be granted on the part of the City, then this obligation shall be
and become null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
UTILITY CUT REPAIR
CONTRACT 2022 — THIRD RENEWAL
City Project No. UC-01 2022
0061 13 - 2
PERFORMANCE BOND
Page 2 of 2
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
5 1his instrument by duly authorized agents and officers on this the 1 lth day of October
6 2023 .
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ATTEST:
(Principal)
Witness as to
l/IiIYL��L.: I
WIlness as to ure — Tammy Tinh
PRINCIPAL:
Westhill Construction, Inc.
lz:�Sign re
Ana_ ela Auttolds, President
Name and Title
Address: P.O. Box 2016
Cleburne. TX 76031
SURETY:
Markel Insurance Comnanv
gig -nature
Teresa Godsey, Attorney -In -Fact
Name and Title
Address: _4521 Hiahwoods Pkwv
Glen Allen, VA 23060
Telephone Number: 866-732-0099
41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation. If
43 Surety's physical address is different from its mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
UTILITY CUT REPAIR
CONTRACT 2022 — THIRD RENEWAL
City Project No. UC-01 2022
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SECTION 00 6114
PAYMENT BOND
0061 14 - 1
PAYMENT BOND
Pagel of 2
BOND NO. 5312550-113
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Westhill Construction, Inc. known as
"Principal" herein, and Markel Insurance Company , a
corporate surety (sureties), duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
in the penal sum of One Million and 00/100 Dollars ($ 1,000,000.00), lawful money of the
United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum
well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents:
WHEREAS, Principal has entered into a certain written Contract with City, awarded the
S"' day of February , 20 22 , which Contract is hereby referred to and made a part hereof for all
purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
designated as Utility Cut Repair Contract 2022: City Proiect No. UC-01 2022 — Third and
Final Renewal
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
the Contract, then this obligation shall be and become null and void; otherwise to remain in full
force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
UTILITY CUT REPAIR
CONTRACT 2022 — THIRD RENEWAL
City Project No. UC-01 2022
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0061 14 - 2
PAYMENT BOND
Page 2 of 2
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the 1Ith day of
_October
ATTEST:
(Principal) Secretary
Witness as to Principal
ATTEST:
(Surety) Secretary
,20 23
�_�LJ
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Witness as t Sur — Tammy Tinh
PRINCIPAL:
Westhill Construction, Inc.
B . Q,
Signature
_Angela Reynolds. President
Name and Title
Address: P.O. Box 2016
leburne, TX 76031
SURETY:
Markel Insurance Company
BY: O RQ flCL-
Siglature
_Teresa Godsev, Attorney -Ire -Fact
Name and Title
Address: _4521 Hiahwoods Pkwy
Glen Allen, VA 23060
Telephone Number: 866-732-0099 _
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
UTILITY CUT REPAIR
CONTRACT 2022 — THIRD RENEWAL
City Project No. UC-012022
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4 THE STATE OF TEXAS
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6 COUNTY OF TARRANT
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0061 19 - 1
MAINTENANCE BOND
Pagel of 3
SECTION 00 6119
MAINTENANCE BOND BOND NO. 5312550-113
§ KNOW ALL BY THESE PRESENTS:
§
8 That we Westhill Construction, Inc.
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, known as "Principal"
herein and Markel Insurance Company_ , a
corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas,
known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort
Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as
"City" herein, in the sum of One Million and 00/100 Dollars ($ 1,000,000.00 ), lawful money
of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum
well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City awarded
the 81' day of February . 20 22 , which Contract is hereby referred to and a made part hereof
for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other
accessories as defined by law, in the prosecution of the Work, including any Work resulting from
a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract
and designated as Utility Cut Repair Contract 2022. Citv Proiect No. UC-012022 — Third
and Final Renewal, and
26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
27 accordance with the plans, specifications and Contract Documents that the Work is and will
28 remain free from defects in materials or workmanship for and during the period of two (2) years
29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
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31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon receiving notice from the City of the need therefor at any time within the Maintenance
33 Period.
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CITY OF FORT WORTH UTILITY CUT REPAIR
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2022 — THIRD RENEWAL
Revised July 1, 2011 City Project No. UC-01 2022
0061 19 - 2
MAINTENANCE BOND
Page 2 of 3
1 NOW THEREFORE, the condition of this obligation is such that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City, to a completion
3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
4 full force and effect.
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6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond; and
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11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
13 Worth Division; and
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15 PROVIDED FURTHER, that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
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CITY OF FORT WORTH UTILITY CUT REPAIR
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2022 — THIRD RENEWAL
Revised July 1, 2011 City Project No. UC-01 2022
0061 19 - 3
MAINTENANCE BOND
Page 3 of
IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 1 lth day of October
3 20 23
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11 ATTEST:
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14 (Principal) Secretary
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20 Witness as to Principal
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29 ATTEST:
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32 (Surety) Secretary
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35 W' ess as Su ty -Tammy Tinh
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PRINCIPAL:
Westhill Construction. Inc.
Sign ~
Angela Reynolds, President
Name and Title
Address: _P.O. Box 2016
Cleburne, TX 76031
SURETY:
Markel Insurance Company
BY: Ig—
QS� WD-1nature
_Teresa Godsev. Attornev-In-Fact
Name and Title
Address: 4521 Hiehwoods Pkwv.
Glen Allen. VA 23060
Telephone Number: 866-732-0099.
37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
38 from the by-laws showing that this person has authority to sign such obligation. If
39 Surety's physical address is different from its mailing address, both must be provided.
40 The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
UTILITY CUT REPAIR
CONTRACT 2022 — THIRD RENEWAL
City Project No. UC-012022
POAft 5312550-R3
Markel Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That MARKEL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of
Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint
Teresa Godsey
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all
bonds, recognizances, undertakings of other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,
providing the bond penalty does not exceed
Principal: Westhill Construction, Inc.
Obligee: City of Fort Worth
Amounts:$ 1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and
duly 2ttested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by
authority of the following resolution of the Board of Directors of Markel Insurance Company:
RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or
Assistant Treasurer shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-
Fact to represent and act for on behalf of the Company, subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -
in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Secretary.
FURTHER RESOLVED, thatthe signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney
or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached.
In Witness Whereof, MARKEL INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporates alto be hereto affixed
this 13'h day of January 2023.
\`sst�jtRA>Vc�iz� MARK INS NCE C P Y
State of Texas 'W ,?� F : _ By: A
County of Travis: �Kt SEAL a_ teyJennings�VicePresident
. �.
'z���rrr t*Utttsss``
On this 13' day of January , 2023 before me personally came Lindey Jennings, tome known, who being by me duly sworn, did depose and say that he
resides in Travis County, Texas, where he is Vice President of MARKEL INSURANCE COMPANY, the company described in and which executed the above instrument;
that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
Company; and that he signed his name thereto by like order.
JULIE E. MCCLARY By:
=_ Notary Public State of Texas Julie . cClary, Notary Public
Commission # 12947680-5 My c mission expires 3/29/2026
°•°` `° Commission Expires March 29, 2026
I, Andrew Marquis, Assistant Secretary of MARKEL INSURANCE COMPANY, do hereby certify that the above and foregoing is true and correct copy of a Power of
Attorney, executed by said Company, which is still in full force and effect; and, furthermore, the resolutions of the Board of Directors, set out in the Power of
Attorney are in full force and effect.
Given under my hand and the seal of said Company at Austin, Texas this 11 th day of October 20
By:
Andr w Marquis, Assist Secretary
fr
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this Power you may call (713) 812-0800 on any business day between 8:30 AM and 5:00 PM CST.
Markel Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or
to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
Markel Insurance Company
9500 Arboretum Blvd., Suite 400
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or
complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-
9104
Fax#:512-490-1007
Web: httD://www.tdi.state.tx.us
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you
should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of
Insurance.
MIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1
11/6/23, 1:36 PM M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 2/8/2022 REFERENCE NO.: **M&C 22-0100 LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORTWORTII
60UCRC2022-
WESTHILL
111114
SUBJECT. (ALL) Authorize Execution of a Contract with Westhill Construction, Inc., in an Amount Up
to $1,000,000.00 for the Utility Cut Street Repair Contract 2022 at Various Locations
Throughout the City
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with Westhill Construction,
Inc. in an amount up to $1,000,000.00 for the Utility Cut Street Repair Contract 2022 at various
locations and authorize up to three renewals.
DISCUSSION:
The work to be performed under this contract consists of utility street street repairs which are
necessary after main replacements and repairs are made by the Water Department's Field
Operations crews. The Water Department is neither staffed nor equipped to perform some of the
larger repairs. This contract is necessary to maintain a reasonable repair schedule, minimize
disruption to the public and ensure street repairs do not adversely impact the life of the remaining
street.
The project was advertised for bid on November 11, 2021 and November 18, 2021 in the Fort Worth
Star -Telegram and on December 9, 2021 the following bids were received:
Bidder Amount Time of Completion
Westhill Construction, Inc. $1,769,875.00 365 Calendar Days
Staff has reviewed the bid and proposed unit prices and considers them to be fair and reasonable.
The bid documents included stipulations that the total quantities listed may not reflect actual
quantities and that the amount budgeted for the projects is $1,000,000.00. Payments will be made
based on actual measured quantities. The bid documents also included a stipulation giving the City
the option to renew (subject to appropriated funding) this contract three times under the same terms,
conditions and unit prices.
This is budgeted in the Other Contractual Services account, which has approximately $19,672,916.71
available; after this contract the remaining balance will be approximately $18,672,916.71.
AGREEMENT TERMS: The agreement may be renewed for three additional renewals at the City's
option. The renewal action will not require City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal terms. This
amendment will not impact the agreement terms that have already been set in place.
M/WBE OFFICE: Westhill Construction, Inc. is in compliance with the City's Business Equity
Ordinance by committing to 26 percent Business Equity participation on this project. The City's
Business Equity goal on this project is 25 percent.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by
the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
This project is located in ALL COUNCIL DISTRICTS.
apps.cfwnet.org/council_packet/mc_review.asp?ID=29651 &councildate=2/8/2022 1 /2
11/6/23, 1:36 PM M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies funds are available in the current operating budget as appropriated,
in the Fiscal year 2022 operating budget of the Water and Sewer Fund. Prior to an expenditure being
made, the department has the responsibility to validate the availability of funds. Future year
appropriations are subject to Mayor and Council approval.
TO
Fund Department Account Project Program ActivityBudget Reference # Amount
ID I ID I g I Year I (Chartfield 2)
FROM
Fund I Department Account I Project I Program Activity Budget I Reference # I Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: J. Chris Underwood (2629)
ATTACHMENTS
60UCRC2022-WESTHILL 1295.pdf (CFW Internal)
60UCRC2022-WESTHILL Compliance Memo.pdf (CFW Internal)
60UCRC2022-WESTHILL FID Table (NN 01.05.22).docx (CFW Internal)
UCRC2022-WESTHILL SAM.pdf (CFW Internal)
WesthillFundsAvailabilitv..pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29651 &councildate=2/8/2022 2/2