HomeMy WebLinkAboutContract 62801CSC No. 62801
INFRASTRUCTURE CONSTRUCTION AGREEMENT
EXPLORATION & LEARNING CENTER AND FORESTS & JUNGLES
This INFRASTRUCTURE CONSTRUCTION AGREEMENT ("Agreement") is made and
entered into by and between The City of Fort Worth ("City"), a home-rule municipal corporation of the
State of Texas, acting by and through its duly authorized Assistant City Manager, and the Fort Worth
Zoological Association ("Zoo Association"), acting by and through its duly authorized representative. City
and Zoo Association are referred to herein individually as a "party" and collectively as the "parties."
WHEREAS, Zoo Association, a 501(c) (3) corporation, is managing the Zoo pursuant to that
certain Management Agreement regarding management of the Zoo, City Secretary No. 58824, between Zoo
Association and City ("Management Agreement"); and
WHEREAS, on May 7, 2022, the residents of City of Fort Worth approved the 2022 Bond
Program. In Proposition B, $3,500,000.00 is designated to fund design and construction of utility
infrastructure required to support new facilities being constructed at the zoo; and
WHEREAS, pursuant to the Management Agreement, the City will fund the Exploration &
Leaming Center and Forests & Jungles projects ("Project") at the Zoo as further described herein and
depicted on the Table attached hereto as Attachment A; and
WHEREAS, pursuant to the Management Agreement, Zoo Association, for no additional
management fee or compensation, will design and construct the Project; and
WHEREAS, City desires to pay the actual construction costs of the Project in an amount not to
exceed $2,887,642.83.00, funded by 2022 Bond funds ("City Participation"); and
WHEREAS, Zoo Association and the City desire to enter into this Agreement to facilitate
construction and reimbursement of the Project;
NOW, THEREFORE, for and in consideration of these recitals and the covenants and conditions
contained herein, Zoo Association and the City do hereby agree as follows:
1.
CF A Ordinance
The Community Facilities Agreements Ordinance ("CF A Ordinance"), as amended, but limited to
only the specific sections listed in this paragraph, is incorporated into this Agreement by reference, as if it
was fully set forth herein. In addition to the terms and conditions in this Agreement, Zoo Association agrees
to comply with the following provisions of the CF A Ordinance (City Code, Part II, Chapter 9
https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-62316) in the performance of Zoo
Association's duties and obligations pursuant to this Agreement:
■§ 9-3 PURPOSE AND SCOPE
■§ 9-4 DEFINITIONS
■§ 9-301 MATERIAL TESTING
■§ 9-302 INSPECTION FEES
City of Fort Worth, Texas
Infrastructure Construction Agreement -Exploration & Leaning Center and Forests & Jungles
Page 1 of 13
■ § 9-304 CALCULATION AND PAYMENT OF ESTIMATED INSPECTION AND
TESTING FEES
■ § 9-317 REQUIREMENTS FOR CONTRACTORS CONSTRUCTING COMMUNITY
FACILITIES
■ § 9-318 REQUIREMENTS FOR A NOTICE TO PROCEED TO CONSTRUCTION
■ § 9-401 PUBLIC PROCUREMENT REQUIREMENTS
■ § 9-403 LIMITS ON CITY PARTICIPATION
■ § 9-404 CITY'S WAGE RATES
■ § 9-406 CHANGE ORDERS
■ ARTICLE VIL• CONSTRUCTION, FINAL INSPECTION, AND CFA CLOSEOUT
Zoo Association further agrees to cause all contractors hired by Zoo Association to comply with the CFA
Ordinance as recited herein in connection with the work performed by the contractors.
2.
Incorporation of Engineering Plans
The plans for the Project shall be approved by the Director of City Park & Recreation Department
prior to construction. Final engineering plans and documents should be sent to City Park & Recreation
Department for records upon request.
3.
Description of Improvements; Exhibits and Attachments
The eXhibits and attachments attached hereto describe the general nature and extent of the
Improvements that are the subject of this Agreement and are incorporated herein.
To the extent that the Exhibits, Location Map, or the Cost Estimates conflict with the
Engineering Plans, the Engineering Plans shall control.
4.
Construction of Improvements
Zoo Association agrees to cause the construction of the Project contemplated by this Agreement
with construction to be completed in a good and workmanlike manner and in accordance with all City
standards and specifications, the Engineering Plans, the Cost Estimates provided for the Project, and this
Agreement. Zoo Association acknowledges that City will not accept the Project until the City receives
affidavits and lien releases signed by Zoo Association's contractors verifying that the contractors, and
all subcontractors and material suppliers, have been paid in full for constructing the Project, and consent
of the surety on payment and performance bonds provided for the Project.
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Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
5.
City Participation
The City shall reimburse Zoo Association in an amount not to exceed $2,887,642.83 for design
and construction costs after presentation of proper documentation by Zoo Association to the City that the
Project has been constructed and accepted by Zoo Association and all contractors and material suppliers
have been paid. Reimbursement payments shall be made per Project and may be made on a monthly
(ongoing) basis or in a lump sum upon completion of the specific Project.
It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity
Firms in the procurement of all goods and services. All requirements and regulations stated in the City's
current Business Equity Ordinance No. 25165-10-2021, as amended (`BEO") as codified in the City of Fort
Worth Code of Ordinances at Chapter 20, Article X, apply to this Agreement. Under �20-368 of the BEO,
City shall set a Business Equity Goal for Community Facilities Agreements, Infrastructure Construction
Agreements, and any other agreement relating to the construction of public infrastructure or a public
building when the City's participation in the agreement is $1,000,000.00 or more in City Funds.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager (`Bffective Date"). Zoo Association shall complete construction ofthe Projects and obtain
the City's acceptance of the Improvements by December 31, 2027 ("Term"). If construction of the
Project has started during the Term, the Zoo Association may request that this Agreement be extended
for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing
by the City and the Zoo Association as set forth in a written amendment to this Agreement. In no event
shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Zoo Association's Financial Guarantee, if any, or the funding set aside for
this Agreement, to cause the completion of the construction of the Project if at the end of the Term,
and any Extension Periods, the Project have not been completed and accepted by the City. If the
Project is not completed at the end of the Term, and any Extension Periods, there will be no further
obligation for City Participation to be paid to the Zoo Association.
(b) The City may utilize the Zoo Association's Financial Guarantee to cause the completion of the
construction of the Project or to cause the payment of costs for construction of the Project before
the expiration of the Term, and any Extension Period, if the Zoo Association breaches this
Agreement, becomes insolvent, or fails to pay costs of construction.
(c) Nothing contained herein is intended to limit the Zoo Association's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Zoo Association's agreements with Zoo
Association's contractors, or other related agreements.
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Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
8.
Termination
If Zoo Association desires to terminate this Agreement before Zoo Association's contractors
begin constructing the Project, Zoo Association agrees to the following:
(a) that Zoo Association and City must execute a termination of this Agreement in writing;
(b) to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City's inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(a) Zoo Association will award all contracts for the construction of the Project and cause the Project
to be constructed in accordance with the CFA Ordinance.
(b) Zoo Association will employ construction contractors who meet the requirements of the City to
construct the Project including, but not limited, to being prequalified, insured, licensed and bonded
to construct the Project in the City.
(c) Zoo Association will require Zoo Association's contractors to provide the City with payment and
performance bonds naming the City and the Zoo Association as dual obligees, in the amount of one
hundred percent (100%) of the cost of the Project as required by the CFA Ordinance. The payment
and performance bonds shall guarantee construction of the Project and payment of all
subcontractors and material suppliers. Zoo Association agrees to require Zoo Association's
contractors to provide the City with a maintenance bond naming the City as an obligee, in the
amount of one hundred percent (100%) of the cost of the Project, that guarantees correction of
defects in materials and workmanship for the Project by the contractor and surety for a period of
two (2) years after completion and final acceptance of the Project by the City. All bonds must be
provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code.
(d) Zoo Association will require Zoo Association's contractors to provide the City with insurance equal
to or in excess of the amounts required by the City's standard specifications and contract documents
for Zoo Association-awarded infrastructure construction contracts. The City must be named as an
additional insured on all insurance policies. The Zoo Association must provide the City with a
Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each
contractor's insurance provider, which shall be made a part of the Project Manual.
(e) Zoo Association will require the Zoo Association's contractors to give forty-eight (48) hours'
advance notice of their intent to commence construction of the Improvements to the City's
Construction Services Division so that City inspection personnel will be available. Zoo Association
will require Zoo Association's contractors to allow construction of the Improvements to be subject
to inspection at any and all times by the City's inspectors. Zoo Association will require Zoo
Association's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe
unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests
as may be required by the City.
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Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
(� Zoo Association will not allow Zoo Association's contractors to begin construction of the Project
until a notice to proceed to construction is issued by the City.
(g) Zoo Association will not allow Zoo Association's contractors to connect buildings to service lines
of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water
mains and service lines have been completed to the satisfaction of the City.
(h) Zoo Association shall ensure the contractors are paid the City's wage rates in effect during
construction of the Projects.
10.
Utilities
Zoo Association shall cause the installation or adjustment of utilities required to: (1) serve the
Project; and (2) to construct the Improvements required herein, notwithstanding public utilities which are
the responsibility of the City as required and defined in the Management Agreement.
11.
Easements and Rights-of-Way
Zoo Association agrees to provide, at its expense, all necessary rights-of-way and easements, if any
are required for the construction of the Project provided for by this Agreement, and any easements acquired
shall be dedicated to the City.
12.
Liability and Indemniiication
(a) ZOO ASSOCIATION HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND
AND HOLD THE CITYHARMLESS FOR ANYINADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE ZOO ASSOCIATION FOR THIS AGREEMENT.
(b) THE ZOO ASSOCIATION COVENANTS AND AGREES TO, AND BY THESE PRESENTS
DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF
ANYCHARACTER, WHETHER REAL ORASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OFANY WORK TO BE
PERFORMED BY SAID ZOO ASSOCIATION, ITS CONTRACTORS, SIIBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAIL URE TO
PROPERLYSAFEGIIARD THE WORK, OR ONACCOIINT OFANYACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDIICT OF SAID ZOO ASSOCIATION, ITS
CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES.
(c) ZOO ASSOCIATION WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES
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Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF
ANYNATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR
ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH, RESULTING FROM, OR INANY WAY CONNECTED WITH, THE
CONSTR UCTION OF THE PROJECTS CONTEMPLATED HEREIN, WHETHER OR NOT
SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY
THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,
SERVANTS, OR EMPLOYEES. FURTHER, ZOO ASSOCIATION WILL REQUIRE ITS
CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR
ANYLOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CA LISED
AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND
CONSTRUCT THE PROJECTS IN A GOOD AND WORKMANLIKE MANNER, FREE
FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN
ACCORDANCE WITHALL PLANSAND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, Zoo
Association will and hereby does assign to the City a non-exclusive right to enforce the contracts entered
into by Zoo Association with its contractors, along with an assignment of all warranties given by the
contractors, whether express or implied. Further, Zoo Association agrees that all contracts with any
contractor shall include provisions granting to the City the right to enforce such contracts as an express
intended third-party beneficiary of such contracts.
14.
Material Testing
Zoo Association is responsible for arranging and paying for material testing service fees, construction
inspection service fees, and water testing lab fees, if any.
The City maintains a list of pre-approved material testing laboratories. The Zoo Association
must contract with material testing laboratories on the City's list. Material testing laboratories will provide
copies of all test results directly to the City and the Zoo Association. If the Project being constructed fail a
test, the Zoo Association must correct or replace the Project until the Project pass all retests. The Zoo
Association must pay the material testing laboratories directly for all material testing and retesting. The
City will obtain proof from the material testing laboratories that the material testing laboratories have
been paid in full by the Zoo Association before the City will accept the Project.
15.
Notices
All notices required or permitted under this Agreement may be transmitted informally via
electronic means and if required to be formally delivered, given to a party by hand-delivery or by mail,
addressed to such party at the address stated below. Any notice so given shall be deemed to have been
received when deposited in the United States mail so addressed with postage prepaid:
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Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
CITY:
Park & Recreation Department
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Zoo Association:
Fort Worth Zoological Association
Megan Deen, CFO
1989 Colonial Parkway
Fort Worth, Texas 76110
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
16.
Right to Audit
Zoo Association agrees that, until the expiration of three (3) years after acceptance by the City of
the Project constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Zoo Association involving
transactions relating to this Agreement. Zoo Association agrees that the City shall have access during
normal working hours to all necessary Zoo Association facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this section. City
shall give Zoo Association reasonable advance notice of intended audits.
Zoo Association further agrees to include in all contracts with Zoo Association's contractors for
the Project a provision to the effect that the contractor agrees that the City shall, until the eXpiration of three
(3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Zoo Association's contractors reasonable advance notice of
intended audits.
17.
Independent Contractor
It is eXpressly understood and agreed that Zoo Association and its employees, representative,
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Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent
contractors as to all rights and privileges and work performed under this Agreement, and not as agents,
representatives or employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Zoo Association shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers. Zoo Association acknowledges that the
doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents,
servants and employees, and Zoo Association and its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Zoo Association further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Zoo Association. It is further
understood that the City shall in no way be considered a co-employer or a joint employer of Zoo
Association or any employees, representatives, agents, servants, officers, contractors, subcontractors, and
volunteers of Zoo Association. Neither Zoo Association, nor any officers, agents, servants, employees or
subcontractors of Zoo Association shall be entitled to any employment benefits from the City. Zoo
Association shall be responsible and liable for any and all payment and reporting of taxes on behalf of
itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and
volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
18.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the
state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of TeXas, Fort Worth Division.
19.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
20.
Governmental Powers and Immunities.
It is understood that by eXecution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
21.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
City of Fort Worth, Texas Page 8 of 13
Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
25.
Prohibition on Boycotting Energy Companies
Zoo Association acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000
or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification from the company that it: (1)
does not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms
by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government
Code is applicable to this Agreement, by signing this Agreement, Zoo Association certifies that Zoo
Association’s signature provides written verification to the City that Zoo Association: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
26.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Zoo Association acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, the City is prohibited from entering into a contract for goods or services that has a value
of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written verification from the company
that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade
association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To
the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Zoo Association certifies that Zoo Association’s signature provides written verification
to the City that Zoo Association: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement.
The provisions and conditions of this Agreement are solely for the benefit of the City and Zoo
Association, and any lawful assign or successor of Zoo Association, and are not intended to create any
rights, contractual or otherwise, to any other person or entity.
31.
Compliance with Laws, Ordinances, Rules and Regulations
Zoo Association, its officers, agents, servants, employees, and contractors, shall abide by and
comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is
agreed and understood that, if City calls to the attention of Zoo Association any such violation on the part
of Zoo Association or any of its officers, agents, servants, employees, or subcontractors, then Zoo
Association shall immediately desist from and correct such violation.
32.
Signature Authority
The person signing this Agreement on behalf of Zoo Association warrants that he or she has the
legal authority to execute this Agreement on behalf of the Zoo Association, and that such binding authority
has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is
fully entitled to rely on this warranty and representation in entering into this Agreement.
33.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
34.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Zoo Association concerning the work to be performed hereunder,
and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof
shall be void.
35.
Fiscal Funding Limitation
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the
City will immediately notify Zoo Association of such occurrence and this Agreement shall be terminated
on the last day of the fiscal period for which appropriations were received without penalty or expense to
the City of any kind whatsoever, except to the portions of annual payments herein agreed upon for which
funds shall have been appropriated.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page ll of 13
Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
IN WITNESS WHEREOF, the City and Zoo Association have each executed this Agreement by
their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date: 02/16/2025
Recommended by:
Richard Zavala
Director, Park & Recreation Department
Approved as to Form & Legality:
Douglas Black (Feb 13, 2025 17:53 CST)
Douglas Black
Senior Assistant City Attorney
M&CNo. �2�4�-1�1�40�-----
Date: --=12=/.:..10=/=20=2::..:4'--------
ATTEST:
�A�
Jannette P. Goodall
City Secretary
City of Fort Worth, Texas
FORT WORTH ZOOLOGICAL
ASSOCIATION
By: Megan Deen (Feb 5, 202515:04 CST)
Name: Megan Deen
Title: Chief Financial Officer
Date: 02/05/2025
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.
Name: Jing Yang
Title: Landscape Architect Manager
Page 12 of 13
Infrastructure Construction Agreement -Exploration & Leaning Center and Forests & Jungles
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
❑X Attachment A— Project Funding Table
� Attachment B— Mayor and Council Communication
� Attachment C — Location Map
City of Fort Worth, Texas Page 13 of 13
Infrastructure Construction Agreement— Exploration & Leaning Center and Forests & Jungles
Attachment A
2022 Bond Funds ICA with FWZA
List of Projects
CPN Project Names 2022 Bond
105820 EXploration & Learning Center $ 500,91191
105821 Forests & Jungles $ 2,386,73092
TOTALS $ 2,887,642.83
City of Fort Worth, Texas Page 1 of 1
Infrastructure Construction Agreement with City Participation
Rev. 08/09/21
Attachment B F�RT'�'4'�RTfI
CITY COUNCIL AGENDA -�`�
Create New From This M�C
REFERENCE **M&C 24- 80FWZA2022 BOND
DATE: 12/10/2024 NO.: 1140 �OG NAME: INFRASTRUCTURE
CONSTRUCTION AGREEMENT
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 9) Authorize Execution of an Infrastructure Construction Agreement with the Fort
Worth Zoological Association to Fulfill the City of Fort Worth's Obligation to Construct,
Maintain, and Repair Certain Infrastructure within the Fort Worth Zoo in an Amount Up to
$2,887,642.83 (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Infrastructure Construction
Agreement with the Fort Worth Zoological Association to fulfill the City of Fort Worth's obligation to
construct, maintain, and repair certain infrastructure within the Fort Worth Zoo in an amount up to
$2,887,642.83.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize an Infrastructure
Construction Agreement (ICA) with the Fort Worth Zoological Association (FWZA) in an amount up to
$2,887,642.83 for the Exploration & Learning Center, and Forests & Jungles projects at the Fort Worth
Zoo (Zoo). This ICA will fulfill the City's obligation to construct, maintain, and repair certain public
infrastructure within the Zoo pursuant to the Management Services Agreement (MSA) with FWZA (City
Secretary Contract No. 58824) collectively defined as "Capital Improvements". The MSA with FWZA
contains a list of identified Capital Improvements — deferred facility maintenance projects or other
capital expenditures.
Due to FWZA's management presence on-site, it was determined that the most efficient way to
accomplish the City's obligation is to provide funding to the FWZA through an ICA so that FWZA can
obtain administer construction contracts within the Zoo.
The 2022 Bond Program allocated $3,500,000.00 to fund the design and construction of utility
infrastructure required to support new facilities being constructed at the Zoo.
To date, $612,357.17 has been spent on the Predator Ridge project under a separate ICA with FWZA
(City Secretary Contract No. 60419). With this ICA, the City of Fort Worth will reimburse the FWZA the
remaining 2022 Bond Funds in the amount up to $2,887,642.83 for the design and construction of
utilities for the Exploration & Learning Center, and Forests & Jungles projects at the Zoo.
Zoo 2022 Bond Program project list is as follows:
Project
Number
104926
105820
105821
Project Name
Predator Ridge
Exploration & Learning
Center
Forests & Jungles
Total
M&C 2022 Bond
Funds
M&C 23-
0839
This M&C
This M&C
$612,357.17
$500,911.91
$2,386,730.92
$3,500,000.00
These three projects are included in the 2022 Bond Program. The City's Extendable Commercial
Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the
apps.cfwnet.org/council_packeUmc_review.asp?ID=32846&councildate=12/10/2024 1 /2
1/20/25, 2:12 PM
M&C Review
appropriation. Available resources will be used to make any interim progress payments until debt is
issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing
source in accordance with the statement expressing official intent to reimburse what was adopted as
part of the ordinance canvassing the bond election (Ordinance 25515-05-2022).
The projects will have no impact on the Park & Recreation Department's annual operating budget
when completed.
Funding is budgeted in the 2022 Bond Program Fund for the Park & Recreation Department for the
purpose of funding the 22 Zoo ELC and 22 FWZA Forests & Jungles ICA projects.
The Zoo is located in COUNCIL DISTRICT 9 and is classified as a Special-Use Facility that serves on
a City-wide and regional basis.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2022 Bond Program Fund for the 22 Zoo ELC and 22 FWZA Forest & Jungle ICA
projects to support the approval of the above recommendation and execution of the agreement. Prior
to any expenditure being incurred, the Park & Recreation Department has the responsibility to validate
the availability of funds.
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Jesica L. McEachern (5804)
Richard Zavala (5704)
Joel McElhany (5745)
80FWZA 2022 BOND INFRASTRUCTURE CONSTRUCTION AGREEMENT FID.XLSX (CFW Internal)
80FWZA 2022 BOND INFRASTRUCTURE CONSTRUCTION AGREEMENT.docx (CFW Internal)
Fort Worth Zoo- Utility Infrastructure - Bond 2022 Proposition.pdf (CFW Internal)
Zoo Map.JPG (CFW Intemal)
apps.cfwnet.org/council_packeUmc_review.asp?ID=32846&councildate=12/10/2024 2/2
Attachment C Location Map
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