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Home My WebLink AboutContract 45245-A1 R v ` CITY SCO~ W�'5 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NUMBER 45245 LICENSE AGREEMENT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45245 ("First Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas (the "City"), acting by and through its duly authorized Assistant City Manager, and Downtown Fort Worth Initiatives, Inc., a Texas non-profit corporation ("DFWII"), 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; and WHEREAS, the City and DFWII are parties to an agreement for the redevelopment and enhancement of the Park, the same being Fort Worth City Secretary Contract No. 45245 (the "Contract"); and WHEREAS, under the terms of the Contract, the redevelopment and enhancement is divided into two parts — redevelopment of the Park as outlined in Attachment I and installation of a JFK Tribute Exhibit as outlined in Attachment II; and WHEREAS, the Contract calls for certain City-allocated funds to be used for Park redevelopment as outlined in Attachment I; and WHEREAS, the City and DFWII have identified certain elements of the JFK Tribute Exhibit that constitute capital projects and that qualify for expenditure of gas well revenues pursuant to the policies established by the Fort Worth City Council in M&C G- 16013 and determined that additional time is required to complete renovations; and WHEREAS, the parties wish to amend the Contract to extend the time for performance and allow City funds to be used toward the costs of the identified elements of the Tribute, without increasing the amount of the overall expenditure by the City. NOW, THEREFORE, City and DFWII do mutually covenant and agree as fellows: First Amendment to CSC 45245 ��c�.��ETP%Ry 6 F S. j I. That Section 2, "Term," of Fort Worth City Secretary Contract No. 45245 is deleted in its entirety and replaced with a new Section 2 to read as follows: SECTION 2 TERM 2.1 The primary term of this Agreement shall be for sixteen (16) months, commencing on the September 1, 2011, and ending on December 31, 2012. II. That Subsection 3.1.2 of Section 3, "Responsibilities of the Parties," of Fort Worth City Secretary Contract No. 45245 is deleted in its entirety and replaced with a new Subsection 3.1.2 to read as follows: 3.1.2 Provide Two Hundred Twenty Five Thousand Dollars ($225,000.00) from park gas-related revenue for use toward funding those elements of Phase I and Phase II outlined in Attachment I, which is attached hereto and incorporated herein for all purposes as though it were set forth at length. III. That Subsection 3.2.2 of Section 3, "Responsibilities of the Parties," of Fort Worth City Secretary Contract No. 45245 is deleted in its entirety and replaced with a new Subsection 3.2.2 to read as follows: 3.2.2 Expend funds received from the City in a manner that is consistent with the requirements related to competitive bidding and disadvantaged business enterprises that would apply if the City were spending such funds directly. IV. That Attachment I, %'General Worth Square - Scope of Work," and Attachment II, ``JFK Tribute - Scope of Work," of Fart Werth 0ty Secretary Contract No. 45245 are deleted First Amendment to CSC 45214 5 Page 2 of 3 t in their entirety and replaced with a new Attachment I, "General Worth Square — Amended Scope of Work," and a new Attachment II, "JFK Tribute-- Amended Scope of Work," which are attached to this First Amendment and hereby incorporated into Fort Worth City Secretary Contract No. 45245 for all purposes as though they were set forth at length. V. That all other terms and conditions of City Secretary Contract No. 45245 that are not amended herein shall remain in full force and effect throughout the term of the Contract and any renewals thereof. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in Fort Worth, Tarrant County, Texas, this � �—day of �� 92012. 0 y y CITY OF FORT WORTH DOWNTOWN FORT WORTH INITIATIVES,INC. (Oit A- usa Afani s drew M. Taft Assistant City Manager .. President APPROVAL RECOMMENDED BY: lzpc-�.Nh.- Q Ri and Zavala, Director Paris and Community Services Department APPROVED AS TO FORM AND EGAL Y Denis C. c-Elroy Assistant City Attorn M&C G-16674 ATTEST: _� �► oa Aar/twkz�)4 First Amendment to CSC 45245 i d f L General Worth Square-Amended Scope of Work Attachment I Estimate of Probable Costs Description SITE DEMOLITION AND SITE PREP HARDSCAPE SAW CUT PAVEMENT REMOVE CONCRETE STEPS AND BRICK TREADS(INCLUDING CONCRETE BASE) REMOVE BRICK PAVEMENT SIDEWALK (INCLUDING CONCRETE BASE) LIGHTING REMOVE OVERHEAD LIGHT FIXTURES ON TRELLIS COLUMNS IN JFK PLAZA ADD ALTERNATE#1 REMOVE LIGHTS ON WALLS REMOVE LIGHTS IN WALLS REMOVE LIGHT BOLLARDS WALLS SAW CUT EXISTING WALLS REMOVE EXISTING WALLS LANDSCAPE SOIL REMOVAL OF OLD RAISED BEDS SITE AMENITIES REMOVE TRASH RECEPTACLE Provided additional funding remains PLAQUES REMOVE AND PROTECT JFK PLAQUE FOR RELOCATION REMOVE AND PROTECT'HATS'SCULPTURES FOR RELOCATION OFF SITE INSTALLATION HARDSCAPE BRICK PAVER SET ON CONCRETE TO FILL IN WHERE OLD TREES WERE BRICK PAVEMENT AT STREET CORNER AND UPPER PLAZA DECOMPOSED GRANITE 6"DEEP AROUND TREES WATER PROOFING ABOVE PARKING GARAGE STAIR TREAD IN BRICK AND CONCRETE CONCRETE FOOTING UNDER GRANITE TREADS REPOINT BRICK PAVEMENT JOINTS AROUND THE PARK AND SIDEWALKS ADD ALTERNATE#2 LANDSCAPE NEW SOD FOR LAWN AREA SITE AMENITIES FREESTANDING CHAIRS Provided additional funding remains FREESTANDING TABLE Provided additional funding remains TRASH RECEPTACLE-LANDSCAPE FORMS CONCORD SERIES Provided additional funding remains LIGHTING PATCHING WHERE TOP OF WALL LIGHT FIXTURES WERE REMOVED PATCHING WHERE 48"LIGHT BOLLARDS WERE REMOVED FROM PAVEMENT ELECTRICAL WORK LIGHT BOLLARDS IN GENERAL WORTH SQUARE 12'PEDESTRIAN LIGHT-LANDSCAPE FORMS CONCORD SERIES LIGHTING TO REPLACE LIGHTS IN WALL LIGHTING IN TREES,3-4 LIGHTS PER TREE,24 TREES LOW VOLTAGE TRANSFORMERS FOR LIGHTS IN TREES LIGHTING ON TRELLIS IN JFK PLAZA ADD ALTERNATE#3 IRRIGATION IRRIGATION REPLACEMENT OF TOTAL SITE(LAWN AND PLANTERS) PLAQUES REINSTALLATION JFK HISTORIC MARKER IN NEW LOCATION POTENTIAL ADD ALTERNATES REPOINT BRICK PAVEMENT JOINTS AROUND THE PARK AND SIDEWALKS ADD ALTERNATE#1 REMOVE AND INSTALL LIGHTING ON TRELLIS IN JFK PLAZA ADD ALTERNATE#3 JFK Tribute-Amended Scope of Work Attachment II Description INSTALLATION HARDSCAPE FOUNDATION FOR STATUE 12"DEEP BY 6'SQUARE ATTACHED TO PARKING GARAGE CONCRETE BAND AT UPPER PLAZA GRANITE(santa barbara granite)FRONT WALL FACE 1.5"THICK GRANITE(santa barbara granite)BACK WALL FACE.75"THICK GRANITE(santa barbara granite)LOWER WALL FACE .75"THICK PAVEMENT ON TOP OF AND AROUND THE 6"RAISED STATUE PLINTH-TILE PAVEMENT AROUND THE STATUE PLAZA-TILE CURBING-BRICK STRUCTURAL FILL UNDER PAVEMENT 12" LANDSCAPE SOIL BEHIND RETAINING WALLS 3"CALIPER ORNAMENTAL TREES 3 GALLON CONTAINER SHRUBS VINES ON EDGE OF BACK WALL FACING HOTEL BARK MULCH,3"DOUBLE SHREADED MISCELLANEOUS RELOCATE AIR VENT FROM GARAGE NEAR PROPOSED STATUE UTILITY ADJUSTMENT-ESTIMATE SIGN RELOCATION CONCRETE WALLS 1.5'CONCRETE BENCH WALL,CURVED BENCH BY GRASS X CONCRETE BENCH WALL,CURVED BENCH INFRONT OF STATUE 6'CONCRETE RETAINING WALL,FACING HOTEL 12'CONCRETE RETAINING WALL,EXHIBIT WALL EXHIBIT WALL FOOTING SITE AMENITIES LARGE CUSTOM CURVED BENCH SMALL CUSTOM CURVED BENCH-ELIMINATED PER SHIRLEE COMMENT 4-1-2011 IRRIGATION IRRIGATION ADJUSTMENTS LIGHTING LIGHTING VARIOUS FIXTURES FOR SCULPTURE,WALLS,EXHIBITS ADDITIONAL ELECTRICAL WORK(TRANSFORMER ETC.) EXHIBITS EXHIBIT IMAGES-TEMPERED GLASS ENGRAVED TEXT ON WALL:NARRATIVE,JFK NAME&QUOTE ON BACK GLASS DONOR WALL GLASS PLAQUES ON SMALL PLINTHS WATER FEATURE WATER WALL BEHIND STATUE M&C Review Page I of 2 Official site of the City of Fort Worth,Texas FO R ��I�T�I CITY COUNCIL AGENDA �T . ............. ............... COUNCIL ACTION: Approved on 8/2512009 - Ord. No. 18772-08-2009 DATE: 8/25/2009 REFERENCE G-1 5574 LOG NAME: 80JFKGENWORTHS QUARE . NO.. CODE: G TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the City Manager to Enter Into a License Agreement with Downtown Fort Worth Initiatives, Inc., for Improvements to General Worth Square Park with a City Contribution of$250,000.00 from Gas Well Revenues and Adopt Appropriation ordinance RECOMMENDATION: It is recommended that the City Council: - 1. Authorize the City Manager to enter into a License Agreement with Downtown ror r _ h nitiatives, Inc., for improvements to General Worth Square Park with a City contribution of$250,000-TO from gas well revenues; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $250,000.00 in the Park Gas Lease Projects Fund from gas well revenues. DISCUSSION: The purpose of this M&C is to authorize the City Manager to enter into a License Agreement with Downtown Fort Worth Initiatives, Inc., for improvements to General Worth Square Park with a City contribution of$250,000.00 from gas well revenues and to adopt an appropriation ordinance. General Worth Square Park is located at 801 Main Street and was acquired in 1980. The 1.53 acre park is located immediately north of the Fort Worth Convention Center. In 2008, Downtown Fort Worth Initiatives, Inc., approached the City and proposed the redevelopment of General Worth Square Park to improve and enhance daily use of the park, encourage and support special events and incorporate a tribute to President John F. Kennedy who gave his last public speech at this site on November 22, 1963. On December 7, 2008, a design charrette was held with a team of volunteer design professionals to develop potential redesign schemes for the park. A Place-Making Workshop was facilitated by the Project for Public Spaces on June 1, 2009. Workshop attendees included adjacent property owners and key downtown stakeholders including special event organizers. one of the outcomes of these meetings was a recommendation that efforts should be made to develop and complete interim improvements to General Worth Square Park to accommodate the placement of the President John F. Kennedy sculpture. The donation of the President John F. Kennedy sculpture and other refurbishments will be addressed in a future M&C. The License Agreement will allow Downtown Fort Worth Initiatives, Inc., and their designated design engineers/architects, contractors and vendors access to the park throughout the term of the Agreement. The Parks and Community Services Department will review and approve plans for design and installation of improvements at the park. At their June 24, 2009, meeting the Parks and Community Services Advisory Board concurred with staffs recommendation to accept the donation of repairs, refurbishments and improvements to General Worth Square Park and endorse the appropriation of$250,000.00 from the City-wide undesignated park gas well funds. mhtml:file://C:\Documents and SettingsJohnsowilTocal Settings\Temporary Internet Files\... 2/8/2012 M&C Review Page 2 of 2 An estimate of the direct and indirect costs is attached. The proposed expenditure of the City funds complies with the City of Fort Worth's Financial Management Policy for the use of park gas well lease revenues. General Worth Square Park is located in COUNCIL DISTRICT 9. FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1 0282 446200 801929990100 $250,000.00 2 0282 538070 801929990100 $250,000.00 3) GG01 539120 0807041 $250,QOO.00 4) GG01 539120.0807041 1250,000.00 1� 0282 538070 801929990100 $250,000-00 2&3 GG01 472282 0807041 $250,000.00 Submitted for Cily Manager's Office b y:. Charles W. Daniels (6199) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 80J FKGENSWORTHSQUARE AO.doc Aerial - General Worth S uare. df J FK Sculpture 1.,J PG JFK Sculpture 2.JPG Location Map - General Worth._S.guare.pdf Updated General Worth„Square Revised Est,im„ates.doc mhtml:file://C:\Documents and SettingsJohnsowilTocal Settings\Temporary Internet Files\... 2/8/2012