HomeMy WebLinkAbout064604 - Construction-Related - Contract - Fort Worth Zoological AssociationCSC No. 64604
INFRASTRUCTURE CONSTRUCTION AGREEMENT
TEXAS HALL OF WONDERS BUILDING RENOVATION
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 June 11, 2024, the City of Fort Worth applied for a Texas Parks and Wildlife
("TPWD") Urban Indoor Recreation Grant for the Texas Hall of Wonders Building Renovation project
("Project"). On January 23, 2025 TPWD approved the issuance of $2,000,000.00 in grant funding to the
City for the renovation project; and
WHEREAS, on June 10, 2025 the City of Fort Worth City Council accepted the grant funds and
authorized execution of a State Grant Agreement with TPWD ("Grant Agreement") (M&C 25-0486); and
WHEREAS, pursuant to the Grant Agreement, TPWD will reimburse the City for allowable
expenses related to the Project at the Zoo as further described herein and depicted on the Project Budget
Details, 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 reimburse the actual construction costs of the Project in an amount
not to exceed $2,000,000.00, funded by the TPWD Urban Indoor Recreation Grant ("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.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA 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 CFA Ordinance (City Code, Part II, Chapter 9
https://codclibrarv.amlc�al.com/codcs/ftworth/latcst/ftworth �/0-0-0-62316) in the performance of Zoo
Association's duties and obligations pursuant to this Agreement: I oFF�o�a� REooRo I
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 1 of 13
Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
■ § 9-3 PURPOSE AND SCOPE
■ § 9-4 DEFINITIONS
■ § 9-301 MATERIAL TESTING
■ § 9-302 INSPECTION FEES
■ § 9-304 CALCULATION AND PAYMENT OF ESTIMATED 1NSPECTION 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 VII: CONSTRUCTION, F1NAL 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 Ciry 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 incorparated 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 design and construction of the Project contemplated by this
Agreement with construction to be completed in a good and warkmanlike 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 far constructing the
Project, and consent of the surety on payment and performance bonds provided for the Project.
5.
City Participation
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Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
The City shall submit a reimbursement request to TPWD on behalf of the Zoo Association in an
amount not to exceed $4,000,000.00 for construction costs after presentation of proper documentation by
Zoo Association to the City that wark has been completed and accepted by Zoo Association and contractors
and/or material suppliers have been paid. Reimbursement payments shall be made on a monthly (ongoing)
basis and total reimbursement amount shall not exceed $2,000,000.00.
It is the policy of the City of Fort Worth to ensure the full and equitable participation of Small
Business Firms in the procurement of all goods and services. All requirements and regulations stated in the
City's Small Business Ordinance No. 27832-08-2025 to be codified in the City of Fort Worth Code of
Ordinances at Chapter 21 apply to this Agreement. The City Manager has set a 30% Small Business 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. Since the TPWD grant is State
funds and City's participation is less than $1,000,000.00, the Small Business Goal does not apply to this
Agreement.
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 of the Projects and obtain
the City's acceptance of the Improvements by April 30, 2029 ("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 has 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.
8.
Termination
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Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
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 issue construction procurement documents indicating the Small Business
Goal amount and will follow the procedures set forth in Fort Worth Administrative Regulations
as to award of contracts.
(b) Zoo Association will award all contracts far the construction of the Project and cause the Project
to be constructed in accordance with the CFA Ordinance.
(c) 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.
(d) 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. A11 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.
(e) 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.
(f� 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 — Texas Hall of Wonders Building Renovation-TPWD Grant
(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 Indemnification
(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 ZDD 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
ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SLISTAINED BYANYPERSONS, INCL UDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BYSAID ZOO ASSOCIATION, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERL Y SAFEG UARD THE WORK, OR ON ACCO UNT OF ANY A CT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT 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
FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF
City of Fort Worth, Texas Page 5 of 13
Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
ANYNATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR
ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCL UDING 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 USED
AS A RESULT OF SAID CONTRACTORS' FAILI�RE 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 benefciary of such contracts.
14.
Material Testing
Zoo Association is responsiblc for arranging andpaying 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 Ciry 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
Ciry 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 farmally 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:
CITY:
Zoo Association:
Park & Recreation Department Fort Worth Zoological Association
City of Fort Worth Megan Deen, CFO
City of Fort Worth, Texas Page 6 of 13
Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
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
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 Ciry 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 cxpressly understood and agrccd that Zoo Association and its employees, representative,
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
City of Fort Worth, Texas Page 7 of 13
Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
doctrine of respondeat superior shall not apply as between the City and its ofiicers, 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 Ciry 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
subcontractars 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 autharized 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.
22.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
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Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
23.
Review of Counsel
City and Zoo Association, and if they so choose, their attorneys, have had the opportunity to
review and comment on this document; therefore any rule of contract construction or interpretation
that would normally call for the document to be interpreted as against the drafting party shall not
apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement
shall be construed solely on the basis of the language contained therein, regardless of who authored
suchlanguage.
24.
Prohibition on Boycotting Israel
Zoo Association acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company with 10 or more full-time
employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City for goods or services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The term "boycott
Israel" has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term
"company" has the meaning ascribed to it by Section 2271.001 of the Texas Government Code. To the
extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Zoo Association certifies that Zoo Association's signature provides written veriiication to the
City that Zoo Association: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this
Agreement.
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 certi�es 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
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Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
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," "�irearm 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.
27.
Immigration and Nationality Act
Zoo Association shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-9).
Upon request by City, Zoo Association shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Zoo Association
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that
no services will be performed by any Zoo Association employee who is not legally eligible to perform such
services. Zoo Association SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY Zoo
Association, Zoo Association's EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Zoo Association, shall have the right to immediately terminate this Agreement
for violations of this provision by Zoo Association.
28.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Zoo
Association.
29.
Assignment and Successors
Zoo Association shall not assign or subcontract all or any part of its rights, privileges, or duties
under this Agreement without the prior written consent of City. Any attempted assignment or subcontract
without the City's prior written approval shall be void and constitute a breach of this Agreement.
30.
No Third-Party Beneficiaries
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
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Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
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, e�ibits, 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.
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City of Fort Worth, Texas Page 11 of 13
Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
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
Dana Bu��hdoff
,� � ���K�,�,�«<���,�� ,� �,,� _� ��
Dana Burghdoff
Assistant City Manager
Date:
O1/24/2026
Recommended by:
FORT WORTH ZOOLOGICAL
ASSOCIATION
�Icp,an�71, 7076 15:38:49 CSTI
By:
Name: Megan Deen
Title: Chief Financial Officer
Date:
� `�e� ,� � �,, ,,— 77T
Dave Lewis
Director, Park & Recreation Department
Approved as to Form & Legality:
. �.aJ�
�ou�las 51ack (Jan J3, �0761 I:10:S4 CST)
Douglas Black
Senior Assistant City Attorney
M&C No. 25-0486
Date: 6/10/2025
ATTEST
� % ..biA>m�3
Jannette P. Goodall
City Secretary
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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.
� �'-'$9ap'm
Name: Blaise Grissom
Title: Park Planner
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Page 12 of 13
Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
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
� Attachment A — Project Budget
❑X Attachment B— Mayor and Council Communication
C� Attachment C— Location Map
� Attachment D— Matching Funds Letter of Commitment
City of Fort Worth, Texas Page 13 of 13
Infrastructure Construction Agreement — Texas Hall of Wonders Building Renovation-TPWD Grant
Attachment A
Sponsor: City of Fort Worth - Parks and Recreation Department
Project Name:
Project Number:
Indoor Renovations
Fort Worth Zoo Hall of Wonders Building Renovation
56-25001
TOTAL PROFESSIONAL SERVICES COST
TOTAL LAND ACQUISITION COST
TOTAL CONSTRUCTION COST
TOTAL PROJECT COST
APPROVED GRANT FUNDS - 50%
REQUIRED SPONSOR MATCH - 50%I
$0.00
$0.00
$1,400,000.00
$4,000,000.00
$4,000,000.00
$2,000,000.00
$2,000,000.00
�Interactives, Interpretives, and Graphics $1,200,000.00
M&C Review
Page 1 of 2
IG���T.�� �TiL�iii:
CITY COUNCIL AGENDA
Create New From This M&C
DATE:
6/10/2025 REFERENCE
NO..
G TYPE:
**M&C 25- LOG NAME:
0486
Official site of the City of Fort Worth, Texas
FflRT�'4'ORTII
��
80FORT WORTH ZOO
BUILDING RENOVATION
CODE:
PUBLIC
CONSENT HEARING: NO
SUBJECT: (CD 9) Authorize Execution of a Recreation Grant Agreement to Accept an Urban Indoor
Recreation Grant in an Amount Up to $2,000,000.00 from the Texas Parks & Wildlife
Department for the Fort Worth Zoo Hall of Wonders Building Renovation Projecti
Accept a Letter of Commitment from the Fort Worth Zoological Association Committing
Funds for the Local Match in an Amount Up to $2,000,000.00; Authorize Execution of an
Infrastructure Construction Agreement with the Fort Worth Zoological Association
for Construction of the Hall of Wonders Renovation Project in an Amount Up to
$4,000,000.00; Adopt Appropriation Ordinance; and Amend the Fiscal Years 2025-
2029 Capital Improvement Plan
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Recreation Grant Agreement to accept an Urban Indoor Recreation
Grant in an amount up to $2,000,000.00 from the Texas Parks & Wildlife Department for the
Fort Worth Zoo Hall of Wonders Building Renovation project ;
2. Accept a letter of commitment from the Fort Worth Zoological Association to fund the grant's
local match in an amount up to $2,000,000.00;
3. Authorize execution of an Infrastructure Construction Agreement with the Fort Worth
Zoological Association in an amount up to $4,000,000.00 to construct a portion of the Hall of
Wonders Building Renovations;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Capital Project State Fund in an amount up to $2,000,000.00 subject to the
receipt of the grant for the Fort Worth Zoo Hall of Wonders Building Renovation project; and
5. Amend the Fiscal Years 2025-2029 Capital Improvement Plan.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize a Recreation Grant
Agreement to accept an Urban Indoor Grant in an amount up to $2,000,000.00 from the Texas Parks
& Wildlife Department (TPWD) and acknowledge and accept the Fort Worth Zoological Association's
financial participation by providing the grant's local match in the amount of $2,000,000.00. This will
fund renovations to the Hall of Wonders building located within the Fort Worth Zoo, as part of a larger
renovation being undertaken by the Zoo Association.The Grant Repository Number is GRNT-APPL-
0000000137.
On June 11, 2024, the City Council adopted Resolution No.5967-06-2024 authorizing the Park &
Recreation Department (PARD) to apply for an Urban Indoor Recreation Grant from TPWD. The
application was well received and on January 23, 2025, the Texas Parks and Wildlife Commission
approved the issuance of $2,000,000.00 in grant funding to the City for the purpose of renovations
to the Hall of Wonders building.
Per the TPWD grant application structure, a 1:1 grant match is required. The Zoo Association will
fund the $2,000,000.00 match.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33347&councildate=6/10/2025 6/1 U2025
M&C Review
Page 2 of 2
This is a reimbursement grant. The City is solely responsible for any additional costs associated with
project administration, design, construction inspection, and materials testing. Since no city salaries
will be charged, indirect cost recovery does not apply.
PARD's Capital Improvements Plan (CIP) does not include potential grant awards. Therefore, the
requested action in this M&C will amend the Fiscal Year (FY) 2025-2029 CIP.
The Fort Worth Zoo is located in COUNCIL DISTRICT 9 and is classified as a Special-Use Facility.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance funds will be available in the current capital budget, as
appropriated, in the Grants Capital Project State Fund. The Park & Recreation Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to any expenditure being incurred, the Park & Recreation Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget I Reference # � Amount
ID I ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget � Reference # Amount
ID , ID I Year �(Chartfield 2) i
Submitted for Citv Manaaer's Office bv: Dana Burghdoff (8018)
Oriqinatinq Department Head:
Additional Information Contact:
ATTACHMENTS
Dave Lewis (5717)
Joel McElhany (5745)
FID Table 80 ZooTPWD Grant 052225 v3.xlsx (CFW Internal)
ORD.APP 80FORT WORTH ZOO BUILDING RENOVATION(r5)v2.docx (Public)
Zoo Letter of Commitment COFW TPWD Grant 5-19-2025.pdf (Public)
Zoo Resolution 5967-06-2024.pdf (Public)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33347&councildate=6/10/2025 6/11/2025
Aerial Map — Fort Worth Zoo Hall of Wonders
Attachment C
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City af Fort Worth
C/O Ms. Dana Burghdoff
Assistant City Manager
100 Fort Worth Trail
Fort Worth, Texas 76102
Dear Ms. Burghdoff,
Attachment D
The Fort Worth Zoological Association has raised the funds for the required $2 million match
required in accordance with the Texas Parks and Wildlife Department Urban Indoor Recreation
Grant Agreement. The Zoo will retain custody of the matching funds and will disburse these
funds for grant related expenditures in accordance with the Grant Agreement to fund building
renovations to the Texas Wild! Hall of Wanders project.
Sincerely,
..i� ��
�
Michael Fouraker
Executive Director
fort worth zoo association
1989 colonial parkway, fort worth, texas 76110 • 817-759-7500 • fax 817-759-7501
www.fortworthzoo.org
F�RT�ORTHt�
City Secretary's Office
Contract Routing & Transmittal Slip
COritraCtOr'S Name: Fort Worth Zoological Association
Subject of the Agreement: Infrastructure Construction Agreement: Texas Hall of Wonders Building Renovation
M&C Approved by the Council? * Yes 0 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, p�ovide the original cont�act number and the amendment numbe�.
Is the Contract "Permanent"? *Yes ❑■ No ❑
If unsu�e, see back page for peNmanent contract listing.
Is this entire contract Confidentiial? *Yes ❑ No 0 If only specific info��nation is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If �different f�oin the approvul date. If �applicable.
Is a 1295 Form required? * Yes ❑ No 0
*Ifso, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable. 106282
*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 nrocessin� in the followin� order:
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.