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: "
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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
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Mary J. Kir `� °�� COFFICIALRIEC
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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)