HomeMy WebLinkAboutContract 45245-A3 MY 1"'ORETARY
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THIRD AMENDMENT TO CITY SECRETARY C NTRACT NO,45245
LICENSE NSE AGREEMEN
This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 45245 ("Third
Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule
municipal corporation, aeting herein by and through its duly authorized Assistant City Manager, and
Downtown Fort Worth Initiatives, Inc., a Texas non-profit corporation "DiFW11" , acting by and through
its duly authorized President..
WHEREAS, the City owns a park located at 801 Main Street, Fort Worth, Texas 76102, known
as General Worth Square(the "Park"), and operates and maintains the Park for public use and benefit;
WHEREAS, on August 25, 20,09, the City Council approved M&C G-16674, hich authorized
the City Manger to enter into a license agreement with DF WII for the redesign and update of the Park
and allocated funding ing in the amount of$2 ,000. -frorn gas well revenue;
WHEREAS, pursuant to the authority granted by the City Council, the City and DFWII entered
into a Memorandum of Understanding to provide, for the development of plans to redesign and update the
Park and an amendment thereto, 'the same being,City Secretary Contract ("CSC") Nos. 39919 and 3991
.I (collectively,the "M'OU");
WHEREAS, the parties executed CSC No. 45245 for the purpose of establishing fishing the rule and
guidelines pursuant t wrhieh l I II shall comply in carrying out certain Project repairs and renovations
at the Park
WHEREAS., on February 8, 2012, the parties entered into CSC No. 45245 1, which amended
the CSC"No. 45245 to extend the tirne for perf ormance and allow !City fends to he used toward the cost of
,the identified elements of the Tribute, without increasing the amount of the overall expenditure by the
City;
WHEREAS, on August 22, 2012, the parties entered into CSC No. 45245-A2. further amending
CSC No, 45245 to allow Ili lI access to the Park for an additional hour in the mornings on Monday
through Friday to help facilitate the timely completion of the Project
WHEREAS, DFWI1 has identified additional elements �f the Project needed in order to complete
the Project
WHEREAS, the City has expended the $250,000.00 in gas well revenue allocated for this Pro eet
and wishes to provide DF 11 an additional $25,000.00, from other parr funds, for use towards fending
the additional costs related to the increased scope of work,
WHEREAS, DF WII has requested additional time to complete the increased scope of work; and
WHEREAS, the parties wish to amend the Agreement to extend the time for performance and
allow additional City funds to he used towards the costs of-the increased scope of work.
NOW, THEREFOREKNOW ALL PERSONS BY'THESE P RESENTS
That City and DFW11, in considerat on of the mutual covenants and agreements contained herein,
do mutually covenant and agree that CSC No. 45245, as previously amended by CSC Nos. 45245-A 1 and
45245-A2,, "A reement") is further amended as follows:
OFFICIAL L RECORD
Third Amendment to Contract 45,245 CITY SECRETARY
FT.,WORTH,
E C E I V S D AUG`
I.
Section 2 of the Agreement titled "Term" is amended to extend the term of the Agreement
through September 30, 2013, for the purpose of allowing DFWl I to complete the increased scope of work
for the Project. Section 2 is deleted in its entirety and replaced with a new Section 2 to read as,follows:
"The primary term of this Agreement shall commence on September 1, 2011 and end on
September 30,2013.7
Section 3 of the Agreement titled "Responsibilities of the Parties" is amended to add subsection
3.1.2.a to allow the City to increase the funding by Twenty-Five Thousand Dollars for use toward funding
additional. costs, related to the increased scope of work 'for the Project. Subsection 3.1.2.a shall read as
follows..
"11.2.a Provide went Thousand Dollars and 'No Cents $25,0 !0.001) frorn other Park
funds (City's General Fund) for use toward funding those additional elements of the Park
redevelopment contained in Exhibit B, which is attached hereto and incorporated herein for all
purposes as though it were set forth at length."
fit.
All terms in this "'17hird Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IV.
All terms and conditions of the Agreement that are not expressly amended pt,irsuant to this Third
Amendment shall remain in full force and effect.
V.
Funds previously paid to DFW11 prior to this 'Third Amendment shall apply toward the total
funding under the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment, to be
executed by their duly authorized representatives.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment in ]'arrant, COUnty,
Fort Worth,Texas this,.-,—.,.—day of ........... 2013.
CITY OF FORT WORTH DOWNTOWN FORT WORTH
INITIATIVES,INC.
,A
AV&
By.
B
I san Alanis y AA drew T
a
A s sistant City Manager President t`(
OFFICIAL CR D
Third,Amendment to Contract 45,24S CITY SECRETARY
FTWORTHJX
�u
A'"PROVED AS TO FORM AND LEGALITY:
Air
B
F. Wallach
Assistant City Attorney
AY
Mary Kayser
City Secretary
Authorization:
&C: G-16674
Date-, August 25 2009
OFFICIAL F ICIAL REC RECORD
C ITY �2
SECRETARY
10 THI TX
Thad Amendment to Contract 45245 f`
Exhibit B
Additional Scope of Work
I WATERPROOFING SIDEWALK
2. INSTALL LIGHTING FOR AVIATION WALL
3. DEMOLITION OF EXISTING STAIRS AND PLANTERS
4. BRICK AND CONCRETE REPATCHING
5. INSTALL ADDITIONAL ELECTRICAL OUTLETS
6. REMOVE AND, RE PI.ACE CONCRETE PLANTER WALL
7. SCOPE WATER LINE
8. INSTALL DRAINAGE LINE, FOR BACK PLANTER
9. INSTALL ADDITIONAL LANDSCAPING IMPROVEMENTS
10. WATERPROOF GARAGE ROOF
11. INSTALL BRICK WALKWAY AROUND TRIBUTE
12. RAISE CURB ALONG 81"11 TO,ADDRESS TO BRING THE CURB INTO COMPLIANCE
WITH THE AMERICANS WITH DISABILITIES ACT
13. REPLACE SOUTH STAIR
'I"hird Amendment to Contract 45245 4 of4