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HomeMy WebLinkAbout056196-A1 - Construction-Related - Contract - Botanical Research Institute of Texas, Inc.AMENDMENT No .1 CSC No. 56196-A1 TO CITY SECRETARY CONTRACT No. 56196 WHEREAS, the City of Fort Worth (CITY) and Botanical Research Institute of Texas,Inc., (DEVELOPER) made and entered into City Secretary Contract No. 56196, (the CONTRACT) which was authorized by M&C 21-0367 on the 8 day of June, 2021 in the amount up to $2,547,441.00; and WHEREAS, the CONTRACT involves infrastructure construction reimbursements for the following project in the Botanic Garden: South Vista, Old Garden Road, Southwest quadrant, Rose Ramp Fountains, Moon Bridge, Hill Arbor and Site Amenities Renovations, CPN 102820, 102826, 102827, 102828, 102831, 102833 and 102837; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CONTRACT to replace Attachment A with Attachment A-1 which amends the funding allocations from project -specific to general to provide flexibility in project implementation. NOW THEREFORE, CITY and DEVELOPER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1. Attachment A is hereby deleted and replaced with Attachment A-1, a revised funding allocation for the group of projects, which is attached hereto and incorporated herein. 2. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas 2020 Tax Notes Infrastructure Construction Agreement Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 1 of 2 APPROVED: City of Fort Worth DEVELOPER Botanical Research Institute of Texas,Inc. Dana Burghdoff (Dec 13, 202514: 9 CST) Patrick Neman (Dec 3, 202513:01:32 CST) Dana Burghdoff Patrick Newman Assistant City Manager Chief Executive Officer and President DATE: 12/13/2025 ATTEST: Jannette Goodall City Secretary a aO-.�4 ��a ,F°o�.°� �0 0 0 o F �l� o c ��o 000° TAy K`l 0000000 'C/ AEXAS�oAp APPROVAL RECOMMENDED: DATE: 12/03/2025 (� �I]yi s" JtMcEthany �DVaVve 1Lewis 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. Jing Yang Landscape Architect Manager APPROVED AS TO FORM AND LEGALITY: M&C No.#: 25-0999 Qyor— M&C Date: 10/28/2025 Douglas Black (Dec 12, 2025 16:50:44 CST) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas 2020 Tax Notes Infrastructure Construction Agreement Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 2 of 2 CFW-BRIT ICA CSC No. 56196 Attachment A-1 Project Tax Note CIP Total Cost Including, but not limited to: Full Moon $2,321,441.00 $226,000.00 2,547,441.00 Bridge, Hill Arbor, Old Garden Road Renovation, Rose Ramp Fountains, Site Amenities (Water Fntn, Elec.), South Vista, Southwest Quadrant Renovation 11/6/25, 2:14 PM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORTWORTII Create New From This M&C DATE: 10/28/2025 REFERENCE **M&C 25- LOG NAME: 802020 & 2022 BRIT ICA NO.: 0999 RESTRUCTURE CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Amending Two Infrastructure Construction Agreements with the Botanical Research Institute of Texas, Inc. to Provide Greater Flexibility in Project Budgeting and Delivery with No Change to the List of Projects or Overall Funding, Adopt Appropriation Ordinance, and Amend Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize Amendment No.1 to City Secretary Contract No. 56196, an Infrastructure Construction Agreement with the Botanic Research Institute of Texas, Inc., to restructure the scope of the City of Fort Worth's obligation to construct, maintain, and repair certain public infrastructure within the Fort Worth Botanic Garden; 2. Authorize Amendment No.1 to City Secretary Contract No. 60446, an Infrastructure Construction Agreement with the Botanic Research Institute of Texas, Inc., to restructure the scope of the City of Fort Worth's obligation to construct, maintain, and repair certain public infrastructure within the Fort Worth Botanic Garden; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Tax Note 2020 Fund by increasing estimated receipts and appropriations in the Botanic Garden Renovation -Rehab project (City Project No. P00110) in the amount of $12,000.00 and by decreasing the BG South Vista Drainage project (City Project No. 102820) by the same amount; and 4. Amend the Fiscal Year 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to authorize the restructuring of two Infrastructure Construction Agreements (ICA) with the Botanical Research Institute of Texas, Inc. (BRIT). On May 19, 2020, the City Council authorized execution of an MSA (City Secretary No.54201) with the BRIT for management of the Botanic Garden (M&C 20-0347). Per this agreement, the City committed to construct, maintain, repair, or relocate certain public infrastructure within the Botanic Garden. The City entered into ICAs with the BRIT for the delivery of projects outlined in the MSA. The two ICAs being amended are City Secretary Contract No. 56196 (M&C 21-0367, June 8, 2021) and City Secretary Contract No. 60446 (M&C 23-0837, September 26, 2023). It has become necessary to restructure the two ICAs by removing the project and amount specificity to provide flexibility for project selection, management, and prioritization. The restructured scope for City Secretary Contract No. 56196 will read as follows: Attachment A List of Projects (including, but not limited to): Projects 2020 Tax CIP Total Public Notes Funding apps.cfwnet.org/council_ packet/mc_review.asp? I D=33861 &councildate=10/28/2025 1 /3 11/6/25, 2:14 PM Full Moon Bridge, Hill Arbor, Old Garden Road Renovation, Rose Ramp Fountains, Site Amenities (Water Fountain, electrical, etc.), South Vista, Southwest Quadrant Renovation, M&C Review F_ _F_ $2,321,441.00 $226,000.00 $2,547,441.00 The restructured scope for City Secretary Contract No. 60446 will read as follows: Attachment A List of Projects (including, but not limited to): Projects 1 2022 Bond i Program Greenhouse Improvements, Infrastructure, Japanese I Garden, Master Plan, Master Plant Site Preparation, Moncrief Garden Center, Old Garden Road, $7,000,000.00 Pedestrian / Circulation Improvements, Rolling Hills Greenhouse Phase I, South Vista Event Venue These projects will not impact the Park & Recreation Department's annual operating budget when completed. Approval of Recommendation No. 3 will amend the Fiscal Years 2026-2030 Capital Improvement Program (CIP) as approved in connection with Ordinance 27979-09-2025.The restructuring of BRIT appropriations was not anticipated in the CIP. Funding is budgeted in the General Capital Projects Fund, Tax Note 2020 Fund, and the 2022 Bond Program Fund for the purpose of funding the Botanic Garden Renovation -Rehab projects (P00110) and in the Fort Worth Botanic Gardens project (PB0025) of the Parks & Recreation Department. The Botanic Garden is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available within the Tax Note 2020 Fund and in the General Capital Projects Fund for the Botanic Garden Renovation -Rehabilitation project and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Tax Note 2020 Fund for the Botanic Garden Renovation-Reh project to support the above recommendations and execution of the amendments. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I Year (Chartfield 2) FROM Fund Department ID Account � Project Program ID I Activity Budget Year Reference # Amount (Chartfield 2) , Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) apps.cfwnet.org/council_ packet/mc_review.asp? ID=33861 &councildate=10/28/2025 2/3 11/6/25, 2:14 PM M&C Review ATTACHMENTS 802020 & 2022 BRIT ICA RESTRUCTURE funds avail.docx (CFW Internal) 802020 & 2022 BRIT ICA Restructure.xlsx (CFW Internal) ICA 56196 Restructured Attachment A.docx (CFW Internal) ICA 60446 Restructured Attachment A.docx (CFW Internal) ORD.APP 802020 & 2022 BRIT ICA RESTRUCTURE AO26(r3).docx (Public) apps.cfwnet.org/council_ packet/mc_review.asp? ID=33861 &councildate=10/28/2025 3/3 Contractor's Name: BRIT Subject of the Agreement FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Amendment No.1 to Botanic Garden 2020 Tax Notes ICA M&C Approved by the Council? * Yes © No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes © No ❑ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes © No ❑ If unsure, see back page for permanent contract listing. Amendment No.1 to CSC No. 56196 Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 102820,102826, 102827,102828, 102831,102833,102837 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the following _ order: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.