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HomeMy WebLinkAboutContract 46496-A1 CSC No. 46496-A1 AMENDMENT No.1 TO CITY SECRETARY CONTRACT No. 46496 WHEREAS, the City of Fort Worth (CITY) and Fort Worth Zoological Association, (ZOO) made and entered into a Supplemental Agreement (City Secretary Contract No. 46496) to the Master Agreement (City Secretary Contract No. 40564) , (the Supplemental Agreement) which was authorized by M&C C-27211 on the 3rd day of March, 2015 in the amount of $1, 421, 654 . 63; and WHEREAS, the Supplemental Agreement provides for the City to fund utility work services for the following project: African Savannah Exhibit; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CONTRACT to include an increased scope of work and associated costs . NOW THEREFORE, CITY and ZOO, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the Supplemental Agreement: 1 . Item 1 . of the Supplemental Agreement is amended to include the additional water and sanitary sewer utility work described in Attachment A and incorporated herein. The cost to City for the additional water and sanitary sewer utility work to be performed by ZOO totals $117, 075. 79, so that the total fee paid by the City for all work and services shall be an amount of $1, 538, 730 . 42 . 2 . All other provisions of the Supplemental Agreement, which are not expressly amended herein, shall remain in full force and effect. City of Fort Worth OFFICIAL RECORD African Savanna Exhibit Amendment CITY SECRETARY Page 1 of 4 FT.WORTH, TX EXECUTED and EFFECTIVE as of the date last written by a signatory, below. APPROVED: City of Fort Worth Fort Worth Zoological Association �lGf�Gt�AGLA�O� A Dana Burghdoff(J)rB,2020 :04 CDT) Megan been(Ju127,202017:01 MDT) Dana Burghdoff Megan Deen Assistant City Manager Chief Financial Officer DATE: Jul 29, 2020 DATE: Jul 27, 2020 APPROVAL RECOMMENDED: � tint D DC Richard Zavala Director, Park & Recreation Department 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 . Joel McElhany Capital Program Manager City of Fort Worth OFFICIAL RECORD African Savanna Exhibit Amendment CITY SECRETARY Page 2 of 4 FT.WORTH, TX APPROVED AS TO FORM AND LEGALITY: M&C: G-19491 -, Date: 02/12/19 Mack(Jul 28,202015:38 CDT) Douglas W. Black Senior Assistant City Attorney 4,dg40an11 ATTEST: 'IV 0 o 0000l 0 ad do — °�9dd p dv8 �=d dd* fo ?o A/d * A� f ) l P. Gon(Joa/i� HI 3CDT) �aaa�nEXA5o°p� Mary J. Kayser City Secretary City of Fort Worth OFFICIAL RECORD African Savanna Exhibit Amendment CITY SECRETARY Page 3 of 4 FT.WORTH, TX FUNDING BREAKDOWN SHEET City Secretary No. 46496 Amendment No. 1 Department Fund-Account-Center Amount 080 34014 0800450 5740010 CO2447 C03680 9999 48, 920 . 30 080 34018 0800450 5740010 CO2447 C03680 9999 68, 155 . 49 Total : $117, 075 . 79 City of Fort Worth African Savanna Exhibit Amendment Page 4 of 4 Attachment A Fort Worth Zoological Association African Savanna City of Fort Worth Contract#46496 Additional costs associated with the installation of utilities related to the African Savanna exhibit. The cost overruns are due to unforeseen site conditions and upsizing water and sewer lines to meet CFW sizing requirements for public facilities. The proposed amendment to the supplemental Letter of Agreement is as follows: City-Funded Improvements Ori inal Amended lFundinaSource ' mount mount _ _ ater Capital F(1) Domestic Water Line Improvements [$U 198,778.97272,654.34 Projects Fund & _ _2018 Bond Sewer Capital Fo) Sanitary Sewer Line Improvements $298,168.45 $341,368.87 up to Projects Fund & _ _ 2018 Bond FDrainage and Erosion Control r ori) Improvements, including Storm $924,707.21 no change 2014 Bond Sewer Box Culvert(s) M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRT�Tli COUNCIL ACTION: Approved on 2/12/2019 DATE: 2/12/2019 REFERENCE NO.: G-19491 LOG NAME: 80SAVANNA EXHIBIT CODE: G TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Amendment to a Supplemental Letter Agreement with the Fort Worth Zoological Association for the Development of the African Savanna Exhibit and Authorize Acceptance and Recording of the Gift Deed from the Fort Worth Zoological Association for the African Savanna Exhibit at the Fort Worth Zoo (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize Execution of an Amendment to a Supplemental Letter Agreement, City Secretary Contract No. 46496, with the Fort Worth Zoological Association for the Development of the African Savanna Exhibit; and 2. Authorize Acceptance and Recording of the Gift Deed from the Fort Worth Zoological Association for the African Savanna Exhibit at the Fort Worth Zoo. DISCUSSION: In conjunction with the conveyance of the Savanna Exhibit as a gift to the City, the purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager to execute an amendment to a supplemental Letter Agreement with the Fort Worth Zoological Association (FWZA) (M&C C-27211 approved March 3, 2015, City Secretary Contract No. 46496)for an alternative utility-funding arrangement specific to the African Savanna exhibit to provide for adjustments due to unforeseen conditions and cost overruns and to accept the African Savanna exhibit capital asset at the Fort Worth Zoo. The proposed amendment to the supplemental Letter of Agreement is as follows: City-Funded Improvements Original Amended Funding Source Amount Amount Waterup Capital (i) Domestic Water Line Improvements $198,778 97 up to Projects Fund & 2018 Bond up to Sewer Capital (ii) Sanitary Sewer Line Improvements $298,168.45 $341,368.87 Projects Fund & 2018 Bond Drainage and Erosion Control (iii) Improvements, including Storm up to no change 2014 Bond Sewer Box Culvert(s) http://apps.cfwnet.org/council_packet/mc review.asp?ID=26448&councildate=2/12/2019 7/7/2020 M&C Review Page 2 of 2 Section 3.06 of City Secretary Contract No. 40564 with the Fort Worth Zoological Association (Association) provides that the Association shall take all steps necessary to vest title to new zoo improvements in the City, including, without limitation, the delivery of an instrument of donation to the City. In addition, the Section 3.07 stipulates that the Association is to provide a maintenance endowment equal to five percent (5%)of the required construction costs for any major animal exhibit constructed at the Zoo. The Association has tendered a gift deed for the constructed improvements located at the Fort Worth Zoo known as the African Savanna exhibit. This gift deed is accepted subject to all legal requirements of City Secretary Contract No. 40564. The African Savanna exhibit was constructed at a value of$12,287,850.00 for the major animal exhibits and $3,347,862.00 for the buildings for a total of$15,635,712.00. The Association has deposited $614,393.00 for the major animal exhibit improvements of the African Savanna exhibit in the Maintenance Endowment Account for the maintenance of those improvements. The Fort Worth Zoo is located in COUNCIL DISTRICT 9 and is classified as a Special-Use Facility that serves a City-wide and regional basis. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that that the City's financial records will be updated in alignment with the Donations and Capital Asset Policies, as applicable, for this donation. TO _ Fund Department Account Project Program Activity Budget Reference# Amoun� ID ID i Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Offlce_bL Fernando Costa (6122) Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek(5744) ATTACHMENTS African Savanna.pdf Gift Deed -FWZA Savanna 10.10.2018.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=26448&councildate=2/12/2019 7/7/2020