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HomeMy WebLinkAboutContract 27770 CITY SECRETARY ?NTRACT NO. 06-12-02 1109 : 34 IN FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 18454 STATE OF TEXAS § COUNTY OF TARRANT § This Fourth Amendment to City Secretary Contract No. 18454 (the "Agreement"), as previously amended by City Secretary Contract Nos. 20826, 24455 and 26640, is made and entered into by and between the City of Fort Worth (the "City") and the Fort Worth Zoological Association, a Texas nonprofit corporation (the "Zoo Association") effective as of the 7 day of_�LU e , 2002. WHEREAS on May 14, 1991, the City and the Zoo Association entered into City Secretary Contract No. 18454, pursuant to which the Zoo Association currently manages and operates the Fort Worth Zoo (the "Zoo'); and WHEREAS, the City and the Zoo Association have amended City Secretary Contract No, 18454,by entering into City Secretary Contract Nos. 20826, 24455 and 26640; and WHEREAS, pursuant to Section 8.06 of the Agreement, on February 7, 1998, a Capital Improvement Program was approved by the voters of Tarrant County authorizing $3,000,000 in bond financing for improvements at the Fort Worth Zoo, (collectively, the "1998 CIP Projects") as further described in the Second Amendment, known as City Secretary Contract No. 24455; and _ WHEREAS, the 1998 CIP Projects included the construction and development of the Aquarium, Herpetarium, Lion Mountain, public restrooms, Animal Nutrition Complex, Small Mammal Village, and the public Picnic Pavilion; and WHEREAS, to date, there is approximately $1,323,255.00 remaining following the construction of three of the 1998 CIP Projects, which include the public restrooms, the public Picnic Pavilion and the Animal Nutrition Complex; and 05FRI(NAL RECORD CAW Eff-GCE RRY WHEREAS, due to materially changed conditions, it is no longer prudent to continue to operate the existing James R. Record Aquarium or to begin and complete the construction on the Lion Mountain or the Small Mammal Village; and WHEREAS, the City and the Zoo Association desire to amend said City Secretary Contract No. 18454 a fourth time to provide for the closure and demolition of the existing Aquarium and Herpetarium and expend the balance of the funds on the construction of a new Herpetarium. NOW,THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: That for good and valuable consideration which both parties acknowledge by their signatures below, the City and the Zoo Association here by covenant and agree as follows: I. Subject to the terms of the Contract, as amended, the Zoo Association agrees to manage and retain such contractors, professional service providers, and consultants, as required to perform, coordinate, or cause to be performed all work necessary to complete the following 1998 CIP Project: the closure and demolition of the existing Aquarium and Herpetarium and the construction of the new Herpetarium. In return, the City agrees to reimburse the Zoo Association in an amount not to exceed $1,323,255.00 for the expense of the construction and development of the Herpetarium and the closure and demolition of the existing Aquarium and Herpetarium. The timing of such reimbursement shall be as set forth in the Second Amendment to City Secretary Contract No. 18454 (also known as City Secretary contract No. 24455). H. As specified in Section 3.07 of the Contract, the Zoo Association covenants and agrees to provide, at its sole cost and expense and from non-CIP funds, a maintenance endowment of five percent(5%) of the required construction costs for the Herpetarium. 0-MCA PECOO RD ON R Y CO'I"IN9 Va., III. All of the terms and conditions in the Contract as amended by the First, Second, and Third Amendments shall remain in full force and effect, and the Contract shall be supplemented and amended to incorporate the provisions of the Fourth Amendment with respect to the 1998 Capital Improvement Projects. IN WITNESS THEREOF, the parties hereto have executed-this Fourth Amendment as of the day and year first written above. ATTEST: CITY OF FO W T 0 _ !L7 By: City Secretary As ' tot it pager APPROVED AS TO FORM AND FORT WORTH ZOOLOGICAL LEGALITY ASSOCIATION David Yett,City Attorney By: By ���' ��i�rQ-� Ardon Moore Assista ity Attorney President --- d - /9,035 Contract Authorization Date I �l �N t REAUdy •,. UI�Wn City of Fort Worth, Texas Ma yor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/16/02 C-19035 REVISED 80AQUARIUM 1 of 2 SUBJECT AUTHORIZE THE CLOSURE OF THE FORT WORTH ZOO'S AQUARIUM, DEMOLISH THE AQUARIUM AND HERPETARIUM, CONSTRUCT A NEW HERPETARIUM, AMEND CITY SECRETARY-CONTRACT NO. 24455, AND REPROGRAM 1998 ZOO CAPITAL IMPROVEMENT PROGRAM BONDS FOR CONSTRUCTION OF THE NEW HERPETARIUM RECOMMENDATION: It is recommended that the City Council: 1. Find that due to a material change in conditions, use of the 1998 Zoo Capital Improvement Program (CIP) bond funds for renovation of the Aquarium and construction of Lion Mountain and the Small Mammal Village is not prudent; and 2. Authorize all remaining 1998 Fort Worth Zoo CIP bond funds in the amount of $1,323,255 (designated for renovation of the Aquarium and Herpetarium and construction of Lion Mountain and the Small Mammal Village) to be reprogrammed for demolition of the existing Herpetarium and Aquarium and the construction of a new Herpetarium;.and 3. Authorize closure and demolition of the existing Aquarium and Herpetarium; and 4. Authorize the City Manager to amend City Secretary Contract No. 24455 with the Zoological Association to eliminate the Aquarium, Lion Mountain, and the Small Mammal Village capital projects from the 1998 CIP bond-funded projects and direct those funds to demolition of the existing Herpetarium and Aquarium and the construction of a new Herpetarium; and 5. . Find that the use of these funds for the Zoo development is within the voted purposes of the bonds. DISCUSSION: The 1998 CIP, proposition No. 3, authorized $11.8 million for Parks and Community Services Department projects. In the 1998 CIP promotional booklet, $3 million of the $11.8 million was advertised for the Fort Worth Zoo, and seven projects were listed without specific dollar amounts. Three of the projects, including the commissary, restrooms, and public picnic pavilion, have been completed. On November 17, 1998 (M&C C- 17141), the City Council authorized the execution of Amendment No. 2 to City Secretary Contract No. 18454 to allow the Zoological Association (Association) to manage the design and development of the 1998 CIP projects for the Fort Worth Zoo in accordance with City and state procurement requirements. The Association has proposed demolishing the existing Aquarium and Herpetarium. Further, the Association has proposed that a new Herpetarium be constructed at the Aquarium site. Their proposal includes using the remaining balance of 1998 Zoo CIP project funds to demolish the existing Aquarium and Herpetarium, construct a new Herpetarium at the existing Aquarium site, and eliminate the following two of the remaining four projects: Lion Mountain and the Small Mammal Village. The Association's long-range plan is to build a new Aquarium in partnership with the City, at a future site to be determined. City of Fort Worth, Texas [Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME - 4/16/02 C-19035 REVISED 80AQUARIUM 2 of 2� SUBJECT AUTHORIZE THE CLOSURE OF THE FORT WORTH ZOO'S AQUARIUM, DEMOLISH THE AQUARIUM AND HERPETARIUM, CONSTRUCT- A NEW HERPETARIUM, AMEND CITY SECRETARY CONTRACT NO. 24455, AND REPROGRAM 1998 ZOO CAPITAL IMPROVEMENT PROGRAM BONDS FOR CONSTRUCTION OF THE NEW I HERPETARIUM The City Council has the right to abandon or modify this project if conditions materially change so that the project, as originally proposed, is no longer prudent to complete. Thus, the City Council has the authority to reprogram the 1998 Zoo CIP project funds. The existing Aquarium has exceeded its useful life and is no longer economical to repair, and an Aquarium of the scope and scale needed to adequately serve the citizens of Fort Worth is not feasible within the boundary of the Fort Worth Zoo. It is anticipated that with this action a study committee will be appointed to review future options and the feasibility of constructing a new Aquarium. City Secretary Contract No. 18454, as amended by City Secretary Contract No. 24455, will be amended to achieve these changes. On December 11, 2001, at the Pre-Council Meeting, the Association made a presentation to the City Council on the status of the Aquarium and the need for reprogramming funds to the Herpetarium. In November 1995 (Ordinance No. 12262), the Fort Worth Zoological Park was designated Demolition Delay (DD) overlay. A request for the issuance of a Certificate of Appropriateness to demolish the Aquarium and Herpetarium was presented to the Historic and Cultural Landmarks Commission for their consideration on April 15, 2002. The Fort Worth Zoo is.located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Parks and Community Services Fund. JP:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) C181 541200 080181052020 $1,323,255.18 Joe Paniagua 6140 Originating Department Head: Richard Zavala 5704 (from) APPROVED 04/16/02 C181 541200 080181051010 $ 843,255.18 Additional Information Contact: C181 541200 080181052040 $ 21,575.18 Christine Taylor 5725 FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 18454 STATE OF TEXAS § COUNTY OF TARRANT § This Fourth Amendment to City Secretary Contract No. 18454 (the "Agreement"), as previously amended by City Secretary Contract Nos. 20826, 24455 and 26640, is made and entered into by and between the City of Fort Worth (the "City") and the Fort Worth Zoological Association, a Texas nonprofit corporation (the "Zoo Association") effective as of the day of 2002. WHEREAS on May 14, 1991,-the City and the Zoo Association entered into City Secretary Contract No. 18454, pursuant to which the Zoo Association currently manages and operates the Fort Worth Zoo(the"Zoo"); and WHEREAS, the City and the Zoo Association have amended City Secretary Contract No, 18454,by entering into City Secretary Contract Nos. 20826, 24455 and 26640; and WHEREAS, pursuant to Section 8.06 of the Agreement, on February 7, 1998, a Capital Improvement Program was approved by the voters of Tarrant County authorizing $3,000,000 in bond financing for improvements at the Fort Worth Zoo, (collectively, the"1998 CIP Projects") as further described in the Second Amendment, known as City Secretary Contract No. 24455; and WHEREAS, the 1998 CIP Projects included the construction and development of the Aquarium, Herpetarium, Lion Mountain, public restrooms, Animal Nutrition Complex, Small Mammal Village, and the public Picnic Pavilion; and WHEREAS, to date, there is approximately $1,323,255.00 remaining following the construction of three of the 1998 CIP Projects, which include the public restrooms, the public Picnic Pavilion and the Animal Nutrition Complex; and III. All 'of the terms and conditions in the Contract as amended by the First, Second, and Third Amendments shall remain in full force and effect,.and-the Contract shall be supplemented and amended to incorporate the provisions of the Fourth Amendment with respect to the 1998 Capital Improvement Projects. IN WITNESS THEREOF,the parties hereto have executed this Fourth Amendment as of the day and year first written above. ATTEST: CITY OF FORT WORTH By: City Secretary Assistant City Manager APPROVED AS TO FORM AND FORT WORTH ZOOLOGICAL LEGALITY ASSOCIATION David Yett, City.Attorney By: By: Ardon Moore Assistant City Attorney President City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/2/02 C-19035 1 80AQUARIUM_I 1 of 2 SUBJECT AUTHORIZE THE CLOSURE OF THE FORT WORTH ZOO'S AQUARIUM, DEMOLISH THE AQUARIUM AND HERPETARIUM, CONSTRUCT A NEW HERPETARIUM, AMEND CITY SECRETARY CONTRACT NO. 24455, AND REPROGRAM 1998 ZOO CAPITAL IMPROVEMENT PROGRAM BONDS FOR CONSTRUCTION OF THE NEW HERPETARIUM RECOMMENDATION: It is recommended that the City Council: 1. Find that due to a material change in conditions, use of the 1998 Zoo Capital Improvement Program (CIP) bond funds for renovation of the Aquarium and construction of Lion Mountain and the Small Mammal Village is not prudent; and 2. Authorize all remaining 1998 Fort Worth Zoo CIP bond funds in the amount of $1,323,255 (designated for renovation of the Aquarium and Herpetarium and construction of Lion Mountain and the Small Mammal Village) to. be reprogrammed for demolition of the existing Herpetarium and Aquarium and the construction of a new Herpetarium; and 3. Authorize closure and demolition of the existing Aquarium and Herpetarium; and 4. Authorize the City Manager to i amend City Secretary Contract No. 24455 with the Zoological Association to* eliminate the Aquarium, Lion Mountain, and the Small Mammal Village capital projects from the 1998 CIP bond funded projects and direct those funds to demolition of the existing "Herpetarium and Aquarium and the construction of a new Herpetarium; and 5. Find that the use of these funds for the Fort Worth Zoo development is within the voted purposes of the bonds. DISCUSSION: The 1998 CIP, proposition No. 3, authorized $11.8 million for Parks and Community Services Department projects. In the 1998 CIP promotional booklet, $3 million of the $11.8 million was advertised for the Fort Worth Zoo, and seven projects were listed without specific dollar amounts. Three ,of the projects, including the commissary, restrooms, and public picnic pavilion, have been completed. On November 17, 1998 (M&C C- 17141), the City Council authorized the execution of Amendment No. 2 to City Secretary Contract No. 18454 to allow the Zoological Association (Association) to manage the design and development of the 1998 CIP projects for the Fort Worth Zoo in accordance with City and state procurement requirements. The Association has proposed demolishing the existing Aquarium and Herpetarium. Further, the Association has proposed that a new Herpetarium be constructed at the Aquarium site. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER I LOG NAME PAGE 4/2/02 C-19035 80AQUAF 2 of 2 SUBJECT AUTHORIZE THE CLOSURE OF THE FORT WORTH ZOO'S AQUARIUM, DEMOLISH THE AQUARIUM AND HERPETARIUM, CONSTRUCT A NEW HERPETARIUM, AMEND CITY SECRETARY CONTRACT NO. 24455, AND REPROGRAM 1998 ZOO CAPITAL IMPROVEMENT PROGRAM BONDS FOR CONSTRUCTION OF THE NEW HERPETARIUM Their proposal includes using the remaining balance of 1998 Zoo CIP project funds to demolish the existing Aquarium and Herpetarium, construct a new Herpetarium at the existing Aquarium site, and eliminate the following two of the remaining four projects: Lion Mountain and the Small Mammal Village. The Association's long-range plan is to build a new Aquarium in partnership with the City, at a future site to be determined. The City Council has the right to abandon or modify this project if conditions materially change so that the project, as originally proposed, is no longer prudent to complete. Thus, the City Council has the authority to reprogram the 1998 Zoo CIP project funds. The existing Aquarium has exceeded its useful life and is no longer economical to repair, and an Aquarium of the scope and scale needed to adequately serve the citizens of Fort Worth is not feasible within the boundary of the Fort Worth Zoo. It is anticipated that with this action a study committee will be appointed to review future options and the feasibility of constructing a new Aquarium. City Secretary Contract No. 18454, as amended by City Secretary Contract No. 24455, will be amended to achieve these changes. On December 11, 2001, at the Pre-Council Meeting, the Association made a presentation to the City Council on the status of the Aquarium and the need for reprogramming funds to the Herpetarium. The Fort Worth Zoo is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current capital budget, as appropriated, of the Parks and Community Services Fund. JP:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) C181. 541200 080181052020 $1,323,255.18 Joe Pamagua 6140 Originating Department Head: Richard Zavala 5704 (from) WITHDRAWN 04/16/02 C181 541200 080181051010 $ 843,255.18 Additional Information Contact: C181 541200 080181052040 $ 21,575.18 Christine Taylor 5725 FOURTH AMENDMENT TO CITY SECRETARY CONTRACT NO. 18454 STATE OF TEXAS § COUNTY OF TARRANT § This Fourth Amendment to City Secretary Contract No. 18454 (the "Agreement"), as previously amended by City Secretary Contract Nos. 20826, 24455 and 26640, is made and entered into by and between the City of Fort Worth (the "City") and the Fort Worth Zoological Association, a Texas nonprofit corporation (the "Zoo Association") effective as of the day of WHEREAS on May 14, 1991,-the City and the Zoo Association entered into City Secretary Contract No. 18454, pursuant to which the Zoo Association currently manages and operates the Fort Worth Zoo(the"Zoo"); and WHEREAS, the City and the Zoo Association have amended City Secretary Contract No, 18454,by entering into City Secretary Contract Nos. 20826, 24455 and 26640; and WHEREAS, pursuant to Section 8.06 of the Agreement, on February 7, 1998, a Capital Improvement Program was approved by the voters of Tarrant County authorizing $3,000,000 in bond financing for improvements at the Fort Worth Zoo, (collectively, the "1998 CIP Projects") as further described in the Second Amendment, known as City Secretary Contract No. 24455; and WHEREAS, the 1998 CIP Projects included the construction and development of the Aquarium, Herpetarium, Lion Mountain, public restrooms, Animal Nutrition Complex, Small Mammal Village, and the public Picnic Pavilion; and WHEREAS, to date, there is approximately $1,323,255.00 remaining following the construction of three of the 1998 CIP Projects, which include the public restrooms, the public Picnic Pavilion and the Animal Nutrition Complex; and III. All 'of the terms and conditions in the Contract as amended by the First, Second, and Third Amendments shall remain in full force and effect, and.the Contract shall be supplemented and amended to incorporate the provisions of the Fourth Amendment with respect to the 1998 Capital Improvement Projects. IN WITNESS THEREOF,the parties hereto have executed this Fourth Amendment as of the day and year first written above. ATTEST: CITY OF FORT WORTH By: City Secretary Assistant City Manager APPROVED AS TO FORM AND FORT WORTH ZOOLOGICAL LEGALITY ASSOCIATION David Yett, City Attorney By: By: Ardon Moore Assistant City Attorney President