HomeMy WebLinkAbout025186 - Construction-Related - Contract - U.S. Army Engineer District, Fort WorthCITY SECRETARY^� (�,
CONTRACT NO. �` �� `�
SUPPLEMENTAL AGREEMENT NUMBER 1
TO THE
LOCAL COOPER.ATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND THE
CITY OF FORT WORTH, TEXAS
FOR
CONSTRUCTION OF
THE MARY'S CREEK AT RIDGLEA COUNTRY CLUB DRIVE BRIDGE
STREAMBANK PROTECTION PROJECT
FORT WORTH, TEXAS
THIS SUPPLEMENTAL AGREEMENT, entered into this 2 �Tk day of
�U � LtS T , 1949, by and between the DEPARTMENT OF THE ARMY
(hereinafter the Government), acting by and through the District
Engineer, U. S. Army Engineer District, Fort Worth, the CITY OF
FORT WORTH, TEXAS, (hereinafter the Local Sponsor), acting by and
through the City Manager of Fort Worth, Texas,
WITNESSETH, THAT:
WHEREAS, the Government and the Local Sponsor, pursuant to
Section 14 of the Flood Control Act of 1946, as amended, entered
into a Local Cooperation Agreement (hereinafter the Original
Agreement) for the construction of the Mary's Creek at Ridglea
Country Club Drive Bridge Streambank Protection Project at Fort
Worth, Texas, on March 22, 1993; and,
WHEREAS, construction of the Mary's Creek at Ridglea Country
Club Drive Bridge Streambank Protection Project (hereinafter the
Project) at Fort Worth, Texas, was completed in February, 1994,
and by written notice dated July 14, 1994, the Government
notified the Local Sponsor of its determination that the Project
is complete in accordance with Article II.—b. of the Original
Agreement; and,
WHEREAS, the Local Sponsor and the Government are desirous
of making a Project Modification (defined in Article I.a of this
Supplemental Agreement) to the Project which is required to
accomplish the original Project purpose, which is necessary to
make the Project function as initially intended, and which is
justified by safety and economic considerations, but is not
required due to changed conditions or inadequate local
maintenance; and
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WHEREAS, the Local Sponsor has the authority and capability
to furnish the cooperation set forth in this Supplemental
Agreement, and is willing to participate in accordance with the
terms of this Supplemental Agreement. Total Government
participation in the project was $152,600. Therefore, the
maximum Government participation in the project modification is
limited to $347,400;
WHEREAS, Section 103 of the Water Resources Development Act
of 1986, Public Law 99-662, as amended, specifies the
cost-sharing requirements applicable to the Project Modification;
WHEREAS, Section 221 of the Flood Control Act of 1970,
Public Law 91-611, as amended, and Section 103 of the Water
Resources Development Act of 1986, Public Law 99-662, as amended,
provide that the Secretary of the Army shall not commence .
construction of any water resources project, or separable element
thereof, until each non-Federal sponsor has entered into a
written agreement to furnish its required cooperation for the
project or separable element;
WHEREAS, the total Government participation in the project
and project modification is limited to $500,000;
WHEREAS, the project modification as described in Article
I.a of this agreement is a locally preferred plan selected by the
Local Sponsor, and therefore the Local Sponsor accepts the
consequences of future project modifications as a result of a
deficient design;
NOW, THEREFORE, the parties agree to supplement the
Agreement of March 22, 1993, as follows:
ARTICLE I- DEFINITIONS AND GENERAL PROVISIONS _.
a. The term Project Modification shall mean the removal of
the failed portion of the original project, and replaced with an
extensive gabion protection plan and grouting of the voids
underneath the concrete slope paving. The gabion protection
consists of the placement of 12-inch and 18-inch thick gabion
mattresses upstream and downstream of the existing concrete slope
paving and across the entire streambed between the concrete slope
paving. The gabion mattresses would extend approximately 150
feet upstream of the north abutment side, where the erosion is
the most severe. The gabion mattresses would extend out
approximately 25 feet from the other three edges of the concrete
slope paving. A continuous row of 3-foot by 3-foot gabions would
be placed along the upstream edges of the gabion mattresses and
along the toe of the gabion mattresses on the slopes.
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b. The term total project modification costs shall mean all
costs incurred by the Local Sponsor and the Government directly
related to construction of the Project Modification. Subject to
the provisions of this Supplemental Agreement, the term shall
include, but is not necessarily limited to: continuing planning
and engineering costs; advanced engineering and design costs;
preconstruction engineering and design costs; engineering and
design costs during construction; the costs of investigations to
identify the existence and extent of hazardous substances in
accordance with Article XI of this Agreement; costs of historic
preservation activities in accordance with Article XIII of this
Agreement; actual construction costs, including the costs of
alteration, lowering, raising, or replacement and attendant
removal of existing railroad bridges and approaches thereto;
supervision and administration costs; costs of participation in
the Project Modification Coordination Team in accordance with
Article II.f. of this Agreement; costs of contract dispute
settlements or awards; the value of lands, easements, rights-of-
way, relocations, and suitable borrow and dredged or excavated
material disposal areas for which the Government affords credit;
and costs of audit in accordance with Article VI of this
Agreement. The term does not include any costs for operation,
maintenance, repair, replacement, or rehabilitation; any costs
due to betterments; or any costs of disput�e resolution under
Article IV of this Agreement.
c. The term period of construction shall mean the time from
the date the Government first notifies the Local Sponsor in
writing of the scheduled date for issuance of the solicitation
for the first construction contract for the Project Modification
to the date that the District Engineer notifies the Local Sponsor
in writing of the Government's determination that the
construction of the Project Modification is complete.
d. The term "Local proportionate share" shall mean the
ratio of the Local Sponsor's total cash contribution required in
accordance with Articles II.b.l. and II.b.3. of this Supplemental
Agreement to total financial obligations for construction, as
projected by the Government.
ARTICLE II - OBLIGATIONS OF THE PARTIES �
a. The Government, subject to and using funds provided by
the Local Sponsor and appropriated by the Congress of the United
States, shall expeditiously construct the Project Modification as
specified in ARTTCLE I above, applying those procedures usually
followed or applied in Federal projects, pursuant to Federal
laws, regulations, and policies. Articles II.a. and II.b. of the
Original Agreement shall govern the Project Modification in the
same manner which they governed the Project.
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b. The estimated total project modification cost is
$190,000. The Local Sponsor shall contribute a minimum of 25%,
but not more than 50% of total project modification costs in
accordance with the provisions of this paragraph. However, once
the government participation in the project modification reaches
$347,400 all additional costs will be paid solely by the Local
Sponsor, even if this causes the Local Sponsor's contribution to
exceed 50% of total project modification costs.
l. The Local Sponsor shall provide a cash contribution
equal to 5 percent of total project costs in accordance with
Article III of this Supplemental Agreement.
2. The Local Sponsor shall provide all lands,
easements, rights-of-way, and suitable borrow and dredged or
excavated material disposal areas that the Government determines
the Local Sponsor must provide for the construction, operation,
and maintenance of the Project Modification, and shall perform or
ensure performance of all relocations that the Government
determines to be necessary for the construction, operation, and
maintenance of the Project Modification. Articles III and IV of
the Original Agreement shall govern the Project Modification in
the same manner which it governed the Project.
3. If the Government projects that the value of the
Local Sponsor's contributions under paragraphs b.l. and b.2. of
this ARTICLE of the Supplemental Agreement will be less than 25
percent of total project costs, the Local Sponsor shall provide
an additional cash contribution, in accordance with Article III
of this Agreement, in the amount necessary to make the
Non-Federal Sponsor's total contribution equal to 25 percent of
total project modification costs.
4. If the Government determines that the value of the
Local Sponsor's contributions provided under paragraphs b.2. and
b.3. of this ARTICLE of this Supplemental Agreement has exceeded
45 percent of total project modification costs, the Government,
subject to the availability of funds, shall reimburse the Local
Sponsor for any such value in excess of 45 percent of total .
project modification costs. After such a determination, the
Government, in its sole discretion, may provide any remaining
Project Modification lands, easements, rights-of-way, and
suitable borrow and dredged or excavated material disposal areas
and perform any remaining Project Modification relocations on
behalf of the Local Sponsor.
c. No Federal funds may be used to meet the Local Sponsor's
share of the total project modification costs under this
Supplemental Agreement unless the expenditure of such funds is
expressly authorized in writing by the granting agency.
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d. The Local Sponsor shall hold and save the Government
free from all damages arising from the construction, operation,
maintenance, repair, replacement, and rehabilitation of the �
Project Modification, except for damages due to the fault or
negligence of the Government or its contractors.
e. The Government shall perform a final accounting in
accordance with Article III.c. of this Supplemental Agreement to
determine the contributions provided'by the Local Sponsor in
accordance with paragraphs b. and f. of this Article and Articles
VI and X.a. of this Agreement and to determine whether the Local
Sponsor has met its obligations under paragraph b of this
Article.
f. The Local Sponsor and the Government agree to
communicate, cooperate and otherwise manage the Project
Modification in the same manner as that provided for the Project
under Article V of the Original Agreement.
ARTICLE III - METHOD OF PAYMENT
a. The Government shall maintain current records of
contributions provided by the parties and current projections of
total project modification costs. At least quarterly, the
Government shall provide the Local Sponsor with a report setting
forth all contributions provided to date and the current
projections of total project modification costs, of the
components of total project modification costs, of each party's
share of total project modification costs, of the Local Sponsor's
total cash contributions required in accordance with ARTICLE II.b
of this Supplemental Agreement, and of the Local proportionate
share. On the effective date of this Supplemental Agreement,
total project modification costs are projected to be $190,000,
and the Local Sponsor�s cash contribution required under Article
II.b. of this Supplemental Agreement is projected to be $47,500.
Such amounts are estimates subject to adjustment by the
Government and are not to be construed as the total financial
responsibilities of the Government and the Local Sponsor. Once
government participation in the project reaches $347,400, all
additional costs will be paid solely by the Local Sponsor, even
if this causes the Local Sponsor's contribution to exceed 50% of
total project modification costs.
b. The Local Sponsor shall provide the cash contribution
required under ARTICLE II.b. and ARTICLE III.a. of this
Supplemental Agreement in accordance with the following
provisions: Not less than 30 calendar days prior to the scheduled
date for issuance of the solicitation for the first construction
contract, the Government shall notify the Local Sponsor in
writing of such scheduled date and the funds the Government
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determines to be required from the Local Sponsor to meet its
projected cash contribution under ARTICLE II.b. and ARTICLE
III.a. of this Supplemental Agreement. Not later than such
scheduled date, the Local Sponsor shall provide the Government
with the full�amount of the required funds by delivering a check
payable to "FAO, USAED, FORT WORTH DISTRICT" to the U.S. Army
Corps of Engineers Finance Center, CEFC-AD-C EROC M2, 5722
Integrity Drive, Millington, TN 38054-5005. The Government
shall draw from the funds provided by the Local Sponsor such sums
as the Government deems necessary to cover: (a) the Local
proportionate share of financial obligations for construction
incurred prior to the commencement of the period of constructian;
and (b) the Local proportionate share of financial obligations
for construction as they are incurred during the period of
construction. In the event the Government determines that the
Local Sponsor must provide additional funds to meet the Local
Sponsor's cash contribution, the Government shall notify the
Local Sponsor in writing of the additional funds required.
Within 60 calendar days thereafter, the Local Sponsor shall
provide the Government with a check for the full amount of the
additional required funds.
c. Upon completion of the Project Modification or
termination of this Supplemental Agreement, and upon resolution
of all relevant claims and appeals, the Government shall conduct
a final accounting and furnish the Local Sponsor with the results
of the final accounting. The final accounting shall determine
total modification project costs, each party's contribution
provided thereto, and each party's required share thereof. The
final accounting shall determine the Local Sponsor's cash
contribution provided pursuant to Article II.b. of this
Supplemental Agreement.
1. In the event the final accounting shows that the
total contribution provided by the Local Sponsor is less than its
required share of total project modification costs provided in
accordance with ARTICLE II.b. of this Supplemental Agreement, the
Local Sponsor shall, no later than 90 calendar days after receipt
of written notice, make a cash payment to the Government of
whatever sum is required to meet the Local Sponsor's required
share of total project modification costs provided in accordance
with Article II.b. of this Supplemental Agreement.
2. In the event the final accounting shows that the
total contribution provided by the Local Sponsor exceeds its
required share of total project modification costs provided in
accordance with ARTICLE II.b. of this Supplemental Agreement, the
Government shall, subject to the availability of funds, refund
the excess to the Local Sponsor no later than 90 calendar days
after the final accounting is complete; however, the Non-Federal
Sponsor shall not be entitled to any refund of the 5 percent cash
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contribution required pursuant to Article II.b. of this
Supplemental Agreement.
ARTICLE IV - DISPUTE RESOLUTION
Article VII of the Original Agreement shall govern the
Project Modification in the same manner which it governed the
Project. �
ARTICLE'V - OPER.ATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND REHABILITATION (OMRR&R)
a. Upon notification in accordance with Article II.a.3. of
this Supplemental Agreement and for so long as the Project
remains authorized, the Local Sponsor shall operate, maintain,
repair, replace, and rehabilitate the Project or the functional
portion of the Project in accordance with Article VIII of the
Original Agreement.
b. Article VIII.b. of the Original Agreement shall govern
the Project Modification in the same manner which it governed the
Proj ect .
AR.TICLE VI - MAINTENANCE OF RECORDS AND AUDIT
Articles X and XI of the Original Agreement shall govern the
Project Modification in the same manner which it governed the
Proj ect .
ARTICLE VII - FEDERAL AND STATE LAWS
Article XII of the Original Agreement shall govern the
Project Modification in the same manner which it governed the
Proj ect .
ARTICLE VIII - RELATIONSHIP OF PARTIES
Article XIII of the Original Agreement shall govern the
Project Modification in the same manner which it governed the
Project.
ARTICLE IX -�OFFICIALS NOT TO BENEFIT •
No member of or delegate to the Congress, nor any resident
commissioner, shall be admitted to any share or part of this
Supplemental Agreement, or to any benefit that may arise
therefrom.
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ARTICLE X- TERMINATION OR SUSPENSION
a. If at any time the Local Sponsor fails to fulfill its
obligations under Articles II.b., III, or XIII.c. of this
Supplemental Agreement, the Assistant Secretary of the Army
(Civil Works) shall terminate this Supplemental Agreement or
suspend future performance under this Supplemental Agreement
unless he determines that continuation of work on the Project
Modification is in the interest of the United States or is
necessary in order to satisfy agreements with any other
non-Federal interests in connection with the Project or Project
Modification.
b. If the Government fails to receive annual appropriations
in amounts sufficient to meet Project Modification expenditures,
the Government shall so notify the Local Sponsor in writing, and
60 calendar days�thereafter either party may elect without
penalty to terminate this Supplemental Agreement or t�o suspend
future performance under this Supplemental Agreement. In the
event that either party elects to suspend future performance
under this Supplemental Agreement pursuant to this paragraph,
such suspension shall remain in effect until such time as the
Government receives sufficient appropriations or until either the
Government or the Local Sponsor elects to terminate this
Supplemental Agreement.
c. In the event that either party �lects to terminate this
Supplemental Agreement.pursuant to this �rticle or Article XI of
this Supplemental Agreement, both parties shall conclude their
activities relating to the Project Modification and proceed to a
final accounting in accordance with Article III.c. of this
Supplemental Agreement.
d. Any termination of this Supplemental Agreement or
suspension of future performance under this Supplemental
Agreement in accordance with this Article or Article XI of this
Supplemental Agreement shall not relieve the parties of liability
for any obligation previously incurred. Any delinquent payment
shall be charged interest at a rate, to be determined by the
Secretary of the Treasury, equal to 150 per centum of the average
bond equivalent rate of the 13-week Treasury bills auctioned
immediately prior to the date on which such payment became
delinquent, or auctioned immediately prior to the beginning of
each additional 3-month period if the period of delinquency
exceeds 3 months.
ARTICLE XI - HAZARDOUS SUBSTANCES
Article XIX of the Original Agreement shall govern the
Project Modification in the same manner which it governed the
Project.
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ARTICLE XII - CONFIDENTIALITY
Article XVIII of the Original Agreemen� shall govern the
Project Modification in the same manner which i� governed the
Proj ect .
ARTICLE XIII - HISTORIC PRESERVATION
a. The costs of identification, survey and evaluation of
historic�properties shall be included in total project ,
modification costs and cost shared in accordance with the
provisions of this Supplemental Agreement.-
b. As specified in Section 7(a) of Public�Law 93-291 (16
U.S.C. Section 469c(a)), the costs of mitigation and data
recovery activities associated with historic preservation shall
be borne entirely by the Government and shall not be included in
total project costs, up to the statutory limit of one percent of
the total amount authorized to be appropriated for the Project.
c. The Government shall not incur costs for mitigation and
data recovery that exceed the statutory one percent limit
specified in paragraph b. of this Article unless and until the
Assistant Secretary of the Army (Civil Works) has waived that
limit in accordance with Section 208(3) of Public Law 96-515 (16
U.S.C. Section 469c-2(3)). Any costs of mitigation and data
recovery that exceed the one percent limit shall not be included
in total project costs but shall be cost shared between the Local
Sponsor and the Government consistent with the minimum non-
Federal cost sharing requirements for the underlying flood
control purpose, as follows: 25 percent borne by the Local
Sponsor, and 75 percent borne by the Government.
ARTICLE XIV - FURTHER UNDERSTANDINGS
Al1 other provisions of the original Mary�s Creek at
Country Club Road at Fort Worth Flood Control Project Local
Cooperation Agreement, dated April 6, 1992, as amended herein,
remain in full force and effect.
ARTICLE XV - NOTICES
a. All notices, requests, demands, and other communications
required or permitted to be given under this Supplemental
Agreement Number 1 or under the original Agreement shall be
deemed to have been duly given if in writing and delivered
personally, given by prepaid telegram, or mailed by first-class
postage (postage pre-paid), registered, or certified mail, as
follows:
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0
IF TO THE LOCAL SPONSOR:
City manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
IF TO THE DISTRICT:
District Engineer
U.S. Army Engineer District, Fort Worth
P.O. Box 17300
Fort Worth, Texas 76102-0300
IN WITNESS WHEREOF, the parties hereto have executed this
Supplemental Agreement, which shall become effective upon the day
and year first above written.
THE DEPARTMENT OF THE ARMY
BY : �'�,��.���.�.��/� �..---_
J��S . WELLER
Co 1, Corps of Engineers
District Engineer
Fort Worth District
Dat e : f� G � `� ��
v
APRO:BD AS TO FORM AND LECALITY:
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= Asaistan City Attorney
THE CITY OF FORT WORTH
By: .�-t ��
.� �
OB TERRELL
City Manager
City of Fort Worth
Date . �� ✓' � 1 �
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.`✓/� ►/ / �i � .
�.-L .� .�
� -- / �75 �e �
Contract Authorization
10
��3- 99
Date
CERTIFICATE OF AUTHORITF
' 1 I, ���J s7��^��� do hereby certify that I am the
��°�'�:�-�a1 �.egal officer of the city of Fort Worth, Texas, that
the city of Fort Worth, Texas, is a legally�constituted public
body with full authority and legal capability to perform the
terms of the Supplemental Agreement Number 1 between the
Department of the Army and the city of Fort Worth, Texas, in
connection with the Mary's Creek at Ridglea Country Club Drive
Bridge Streambank Protection Project Modification, and to pay
damages in accordance with the terms of this Supplemental
Agreement Number 1, if necessary, in the event of the failure to
perform, as required by Section 221 of Public Law 91-611 (42
U.S.C. Section 1962d-5b), and that the persons who have executed
this Agreement on behalf of the city of Fort Worth, Texas have
acted within their statutory authority.
IN WITNESS WHEREOF, I hav�,made and exec�ed thi q
certification this ��"�—' day of ����u� 1� �
v ��
SIGNATURE]
��'`� ,57��'��a�. 6E�
J [TYPED NAME]
�� 5�no.� Gr-j �7?�i�c-�,-
[TITLE IN F'rJLLJ
11
r �
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge
and belief that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or•employee of
Congress, or an employee of�a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to in€luence an officer or employee of any agency, a
Member of Congress, an officer or emplayee of Congress, or an
employee of a Member of Congress in connectiori with this Federal
contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such
failure.
/��W— � � �
. [SI�NATURE OF PCA AMENDMENT SIGNATORY]
Eob Terrell
[TYPED NAME]
City Manager
[TITLE IN FULL]
DATE : August 17, 1999
12
City of Fort Worth, Texas
n►�Ayar And Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
$�3�99 **C-17561 20EROSION 1 of 1
SUBJECT SUPPLEMENTAL AGREEMENT NO. 1 WITH THE U.S. ARMY CdRPS OF ENGINEERS
FOR IMPROVEMENTS TO MARY'S CREEK AT RIDGLEA COUNTRY CLUB DRIVE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Supplemental
Agreement No. 1 with the U.S. Army Corps of Engineers (City Secretary Contract No. 19566) for
improvements to Mary's Creek at Ridglea Country Club Drive at a cost not to exceed $47,500.
DISCUSSION:
On February 2, 1993 (M&C C-13688), the City entered into a local cooperative agreement with the U.S.
Army Corps of Engineers to construct streambank erosion improvements on Mary's Creek at the
Ridglea Country Club Drive bridge. These improvements, completed in 1994, have been undermined
due to continued erosion along the bottom of the creek channel. Immediate action is required to
prevent major damage to the bridge structure.
Under this agreement, the U.S. Corps of Engineers will repair the damage to streambank erosion
improvements completed in 1994, and will extend slope protection upstream and downstream from the
bridge. The total estimated cost for this project is $190,000 of which the City will pay 25%, or a
maximum of $47,500.
This project is located in COUNCIL DISTRICT 3, Mapsco 88B.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
MG:k
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Hugo Malanga
Additional Information Contact:
George Behmanesh
FUND I ACCOUNT I CENTER I AMOUNT
(to)
6140 I
�
7801 I (from)
C115 541200
7800
020115028910 $47,500.00
CITY SECRETARY
APPROVED
c�TY couNc�.
e�)G 3 1999
�� l�a,�/
City Secretary of the
Gity of Fort Worth, 7�etas