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HomeMy WebLinkAboutContract 46944-A1 14N CITY MCRETAW /rxmnVED . AMENDMENT No. 1 CMITRACT NO. q * FEB-9 AN rj-jy 0r r0RTWORTf1. TO CITY SECRETARY AGREEMENT cIiYSEGRETJ�Heritage Plaza Restoration License Agreement - Contract Number 46944 WHEREAS, the City of Fort Worth ("CITY') and Downtown Fort Worth Initiatives, Inc., ("DFWII") made and entered into a License Agreement City Secretary Contract No. 46944, (the "Agreement") which was administratively authorized on the 18th day of August, 2015; and WHEREAS, it has become necessary to execute Amendment No. 1 to the Agreement to provide for restoration improvements to be constructed at Heritage Plaza with City participation in the amount of $1,500,000.00 in 2014 Bond Funding; and WHEREAS, this Amendment No. 1 establishes the administration and criterion pursuant to which DFWII shall be granted exclusive access to perform or have performed construction of the restoration of Heritage Plaza; and WHEREAS, Tax Increment Finance Zone Number Three ("Downtown TIF") has authorized the use of up to $1,000,000.00 in TIF funding for the reconstruction and restoration of Heritage Plaza; and WHEREAS, the Downtown TIF Board retains the right to review plans for restoration improvements before releasing TIF funding; and WHEREAS, it is understood that DFWII will publicly advertise for the services of a Construction Manager at Risk firm ("Construction Team") to collaborate on final design and oversee the construction at Heritage Plaza; NOW THEREFORE, CITY and DFWII, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the AGREEMENT: 1. Section 1.1 of the AGREEMENT is amended to add to the purpose that DFWII may perform or have performed on its behalf, construction activities to restore Heritage Plaza. 2. Section 2.1 of the AGREEMENT is amended to extend the primary term to twenty-four months. OFFICIAL RECORD 1 d 'ECRETARy Page -1- _WIRTH,`� 3. Section 3.1 A of the AGREEMENT is amended to allow DFWII's Construction Team access to the Park. Section 3.2 of the AGREEMENT is amended by adding subsection C. as follows: DFWII shall engage by separate agreement a Construction Team for the construction portion of the restoration of Heritage Plaza and the Construction Team shall have the same rights and obligations as the Design Team, 4. Section 4 of the Agreement is amended by adding the following sections: 4.2 DFWII shall submit Construction Team invoices to the CITY for review and, upon approval, City shall provide payment to DFWII. The CITY will pay invoices first using the 2014 Bond Funds up to a maximum amount of $1,500,000.00 and second, if necessary, Downtown TIF funding up to $1,000,000.00 approved for construction activities leading to the restoration of Heritage Plaza by a resolution passed at the June 17, 2015 meeting, subject to plan design review by the TIF board. Section 4.3 DFWII shall update the Downtown TIF regarding progress on design and restoration of Heritage Plaza. 5. The AGREEMENT is globally amended to confer to the Construction Team the same rights and obligations in all relevant locations contained in the Agreement as the Design Team. Page -2- 6. All other provisions of the AGREEMENT, which are not otherwise amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City Manager. APPROVED: City of Fort Worth Downtown Fort Worth Initiatives, Inc. Fernando Costa ndy Taft Assistant City Manager President DATE: 2/0/6 DATE: " S-41 MAPPZECMNENDE coor Randle Ha od Director, Planning and Development Department APPROVED AS TO FORM AND LEGALITY: M&C: G - 18595 DATE: to- 2- Douglas Douglas W. Black Sr. Assistant City Attorney ATTEST: FO ,t`$aS10 Mary J. Kir `� °�� COFFICIALRIEC °°°oaaaa° City Secre ary y Page -3- City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/27/2015 DATE: Tuesday, October 27, 2015 REFERENCE NO.: G-18595 LOG NAME: 06HERITAGE PLAZA AMENDMENT 1 LICENSE AGREEMENT SUBJECT: Authorize Execution of Amendment No. 1 to a License Agreement with Downtown Fort Worth Initiatives,Inc., City Secretary No. 46944, to Provide for Construction Services for the Restoration of Heritage Plaza to Provide for Construction of the Renovations, City Project No. CO2471, Authorize City Participation in the Amount of $1,500,000.00 and Authorize Waiver of Permitting and Construction—Related Fees (2014 BOND PROGRAM) (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No. 1 to a License Agreement with Downtown Fort Worth Initiatives,Inc., City Secretary No. 46944, to provide for construction services for the restoration of Heritage Plaza with City participation in the amount of$1,500,000.00; 2. Authorize waiver of permitting and construction—related fees; and 3. Find that the waiver of such fees serves to carry out the public purpose of restoring Heritage Plaza for use by the citizens of Fort Worth on a timeline faster than could be performed by the City and a budget greater than existing City funding and that adequate controls are in place through the License Agreement to carry out such public purpose. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of Amendment No. 1 to the License Agreement (City Secretary No. 46944) with Downtown Fort Worth Initiatives, Inc. (DFWII), to provide for construction services for the restoration of Heritage Plaza(City Project No. 533020). This public—private partnership will include the City, Tax Increment Reinvestment Zone No. 3 (TIF No. 3) and DFWII. The License Agreement provides for City funding of a portion of the construction of the restoration project with 2014 Bond Funds. DFWII, with the support of its private funding partners, will contribute the final design and construction documents and general construction oversight. TIF No. 3 (Resolution No. 2015-6, June 17, 2015)is providing funding in the amount up to $1,000,000.00. DFWII will procure construction services through public notice seeking a Construction Manager at Risk Firm (CMAR). This project is included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with this project is sold,bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241−05−2014). On July 28, 2009, the City Council adopted Resolution No. 3768-07-2009 expressing the City's intent to collaborate with a variety of public and private partners in formulating schematic design recommendations for the restoration and improvement of Heritage Plaza and, as financial resources permit, in implementing such recommendations. This resolution was in response to a community effort lead by Ruth Carter Stevenson to reopen the Plaza after its closure in 2007. On May 19, 2011, Informal Report 9384 provided the Council an update on efforts by City Staff, in cooperation with various stakeholders represented on the Heritage Plaza Steering Committee, to restore Heritage Plaza. In this report, Council was updated on necessary steps leading to the restoration of Heritage Plaza. Since May 2011, City Staff and DFWII through a series of License Agreements (City Secretary Nos.42630 and 45260)have overseen the completion of a series of preliminary studies and analysis intended to inform final design for the restoration of Heritage Plaza. During this time,DFWII engaged in private fundraising efforts to provide funding for the final design of the improvements. The private financial contributions to the project total the amount of$984,000.00 to date. In 2013, DFWII issued an RFP for final design and selected a partnership of Studio Outside and Bennett, Benner and Partners to lead this effort. On May 10, 2014, Fort Worth citizens passed a bond package that included $1.5 million in Capital Funds for the restoration of Heritage Plaza. On June 17, 2015, by Resolution No. 2015-6,TIF No. 3 Authorized Funding for the renovations in an amount up to $1,000,000.00. On August 19,2015 the City and DFWII entered into a License Agreement(City Secretary No. 46944) to provide DFWII and its consultant's access to Heritage Plaza for the purpose of preparing design and construction documents. Proposed distribution of costs and responsibilities for utilities and related infrastructure, source of funds and respective participation amounts are listed in the following table: Publicly Fun ed mount: ource of Funds Improvements Heritage Plaza Construction: City of Fort Worth $1.5 Million 12014 Bond Package IF No. 3 $1.0 Million Construction costs in excess of the Public Funds will be provided by DFWII. Staff recommends that the City waive fees related to the renovation of Heritage Plaza that would otherwise be charged by the City including but not limited to: (a) all building permit related fees (including plans review, inspections, re−inspection fees and any associated penalty fees); (b) sign permit fees; and (c) street closure fees. Water and sewer impact fees, if any, are not waived and must be paid in full. Waiver of the above fees is an appropriate tool to incentivize and promote private participation, including financial, with the City in pursuit of its goal to quickly rehabilitate and reopen Heritage Plaza to the public. The fee waivers serve the public purpose of achieving the goal of providing open space to the public by re—establishing Heritage Plaza. An M/WBE subcontracting goal of five percent will be applied to the solicitation seeking CMAR services. Staff will provide periodic updates to City Council as the project progresses including announcing the selected construction team. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that appropriations are included in the Fiscal Year 2015 Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds are available in the General Fund to pay expenses which will be incurred on the Heritage Park Redevelopment Project until reimbursement can occur from the issuance of public securities; and subject to receipt of the funds, and adoption of the appropriation ordinance, funds will be available as appropriated, of the 2014 Bond Program Fund. FUND IDENTIFIERS (FIDs): TO FundDepartment ID Account Project ID Program ActivityBudget YearReference#(Chartfield 2)Amount FROM Department Project Budget Reference# Fund Account ProgramActivity year Amount ID ID (Chartfield 2) 1)34014 60419 5330201 CO2471 N/A N/A 2016 14020104 $1,500,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Randy Hutcheson (8008) Sevanne Steiner (8012) ATTACHMENTS 1. Heritage Plaza Project Area MaI2.12df (Public) 2. License Agreement Amendment HP.pdf (CFw Internal)