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HomeMy WebLinkAbout060446-A2 - Construction-Related - Contract - Botanical Research Institute of Texas, Inc. (BRIT)CSC No. 60446-A2 AMENDMENT No . 2 TO CITY SECRETARY CONTRACT No. 60446 WHEREAS, the City of Fort Worth (CITY) and Botanical Research Institute of Texas, Inc. (DEVELOPER) made and entered into City Secretary Contract No. 60446 (the CONTRACT) which was authorized by M&C 23-0837 on the 26 day of September, 2023 in the amount of $ 6,338,500.00; and WHEREAS, The CONTRACT was subsequently revised by Amendment No. 1 in the amount of $0 which was authorized by M&C 25-0999 on October 28th, 2025; and WHEREAS, the CONTRACT involves infrastructure construction reimbursements for the following project in the Botanic Garden: Master Plan Site Preparation, Master Planning, Japanese Garden, Infrastructure, Pedestrian/ Circulation, Greenhouse and South Vista Event Venue Improvements, CPN 104986, 104987, 104988, 104989, 104991, 104992 and 102820; and WHEREAS, it has become necessary to execute Amendment No. 2 to the CONTRACT to add Botanic Garden Old Garden Road Renovation project, CPN 102826 and increase the contract in the amount of $281,486.66. 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-1 is hereby deleted and replaced with Attachment A-2, a revised funding allocation for the group of projects, which is attached hereto and incorporated herein. 2. The total contract amount paid by the City for all infrastructure construction reimbursements shall be an amount of $6,619,986.66. OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas infrastructure Construction Agreement Prof Services Agreement Amendment Template FT. WORTH, TX Revision Date: June. 13, 2025 Page 1 of 4 3. 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. APPROVED: City of Fort Worth Dana SL ► h4gff Dana Burghdoff (Aug 26, 26 17:21:26 CDT) Dana Burghdoff Assistant City Manager DATE: 08/26/2026 a oanvan� ATTEST: P of .°pT Pvo o=p 00 /ld�PiLut� CQ�L[C6� aaaCynEXo?4 Jannette Goodall City Secretary APPROVAL RECOMMENDED: Developer Botanical Research Institute of Texas PafricK NewML-ul Patrick Newman (Aug 25, 2026 09:41:05 CDT) Patrick Newman Chief Executive Officer and President DATE: 08/25/2026 T-W&g-pv Teresa Thomason (Aug 25, 2026 10:59:00 CDT) s Teresa Thomason Deputy Director, Park & Recreation Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Infrastructure Construction Agreement Prof Services Agreement Amendment Template Revision Date: June. 13, 2025 Page 2 of 4 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. 4 Y � ` f� Jing Yang Landscape Architect Manager APPROVED AS TO FORM AND LEGALITY: Douglas Black (Aug 26, 2026 12:15:43 CDT) Douglas W. Black Sr. Assistant City Attorney City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 3 of 4 M&C No.#: 26-0649 M&C Date: 08/11/2026 Infrastructure Construction Agreement FUNDING BREAKDOWN SHEET City Secretary No. 60446 Amendment No. 2 Fund Dept ID Account Project ID CF1- Activity CF2 - Bond Reference Amount 34027 0800450 5740010 102826 CAPEXP $86,000.00 34021 0800450 5740010 102826 CAPEXP $170,486.66 30100 0800450 5740010 102826 CAPEXP $25,000.00 Total: $281,486.66 City of Fort Worth, Texas Infrastructure Construction Agreement Prof Services Agreement Amendment Template Revision Date: June 13, 2025 Page 4 of 4 CFW-BRIT ICA CSC No. 60446 Attachment A-2 Project 2022 Bond Including, but not limited to: Greenhouse Improvements, $6,619,986.66 Infrastructure, Japanese Garden, Master Plan Site Preparation, Master Planning, Pedestrian / Circulation Improvements, South Vista Event Venue, Botanic Garden Old Garden Road Renovation MAYOR AND COUNCIL COMMUNICATION 7.1.35 BRIT 2022 BOND ICA AMEND. 2 DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0649 DEPARTMENT: PARK AND RECREATION SUBJECT (CD 7) Authorize Amendment No. 2, in the Amount of $281,486.66, to the Infrastructure Construction Agreement with the Botanical Research Institute of Texas, Inc. to Add Additional Projects and Revise the Contract Amount to $6,619,986.66, Adopt Appropriation Ordinances, and Amend Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION It is recommended that the City Council: 1. Authorize Amendment No. 2, in the amount of $281,486.66, to the Infrastructure Construction Agreement with the Botanical Research Institute of Texas, Inc. (City Secretary Contract No. 60446) to add the Botanic Garden Old Garden Road Renovation project (City Project No. 102826) and increase the contract amount to $6,619,986.66; 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund in the total amount of $25,000.00, by decreasing Botanic Garden Renovation-Reh project (City Project No. P00110) and increasing appropriations in the Botanic Garden Old Garden Road Renovation project (City Project No. 102826) by the same amount; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Tax Notes 2020 Fund in the total amount of $170,486.66, by decreasing: (a)Botanic Garden Fiberglass Greenhouse project (City Project No. 102829) in the amount of $135,260.50; (b)Botanic Garden Moncrief Garden Center project (City Project No. 102832) in the amount of $7,249.45; (c)Botanic Garden Restaurant/Rock Spring Road project (City Project No. 102835) in the amount of $2,653.35; (d)Botanic Garden Shelter House project (City Project No. 102836) in the amount of $13,323.36; (e)Botanic Garden Renovation -Rehabilitation programmable project (City Project No. P00110) in the amount of $12,000.00; and increasing appropriations in the Botanic Garden Old Garden Road Renovation project (City Project No. 102826) by the same amount; 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the 2022 Bond Program Fund in the total amount of $446,000.00, by decreasing appropriations in the Fort Worth Botanic Garden project (City Project No. j' i ,i i l ��r ; l 'i, P130025) and increasing appropriations in the Botanic Garden Old Garden Road Renovation project (City Project No. 102826) by the same amount which was authorized under the original Infrastructure Construction Agreement; and 5. Amend the Fiscal Year 2026-2030 Capital Improvement Program. DISCUSSION The purpose of this Mayor & Council Communication (M&C) is to authorize Amendment No. 2 to the Infrastructure Construction Agreement (ICA) with the Botanical Research Institute of Texas, Inc. (BRIT) to add additional projects in the amount of $281,486.66 and increase total contract amount to $6,619,986.66. On May 19, 2020, The City Council authorized execution of a Management Services Agreement (MSA) City Secretary Contract (CSC) No. 54201, M&C 20-0347 with BRIT. Per the agreement, the City committed to construct, maintain, repair, or relocate certain public infrastructure within the Botanic Garden (BG). On September 26, 2023, City entered an ICA (CSC No. 60446, M&C 23-0837) with BRIT for the delivery of the projects outlined in the MSA. On October 28, 2025, Amendment No. 1 (MSC 25- 0999) was authorized to restructure the ICA without changing the total contract amount. It has become necessary to execute Amendment No. 2 to the ICA to add BG Old Garden Road Renovation project (City Project No. 102826) and increase the total contract amount to $6,619,986.66. Total ICA contract amount increase is summarized below. Original Amount Revised Fund Authority Amount Change Amount 2022 Bond Fund M&C 20-0347, this M&C $6,338,500.00 $86,000.00 $6,424,500.00 Tax Note 2020 Fund this MSC $0.00 $170,486.66 $170,486.66 General Capital Projects Fund this M&C $0.00 $25,000.00 $25,000.00 Total Contract $6,338,500.00 $281, 486.66 $6,619,986.66 Amount These projects will not impact on the Park & Recreation Department's annual operating budget when completed. ]' i ,i" I I 'W I Approval of Recommendation No. 2,3 and 4 will amend the Fiscal Years 2026-2030 Capital Improvement Program (CIP) as approved in connection with Ordinance 27979-09-2025. Funding is budgeted in the 2022 Bond Program, Tax Note 2020 and General Capital Projects Funds for the Park & Recreation Department for the purpose of funding the BG Old Garden Road Renovation project (City Project No. 102826). The Botanic Garden in located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that funds are currently available in BG Moncrief Garden Center, BG Replace Fiberglass Greenhou, BG Restaurant/Rock Spings Bid, BG Shelter House projects and the Botanic Garden Renovation-Reh programmable project within the 2022 Bond, Tax Note 2020 and the General Capital Projects Funds, and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the 2022 Bond, Tax Note 2020 and the General Capital Projects Funds for the Old Garden Road Renovation project to support the execution of the contract. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Dana Burghdoff, # 8018 ORIGINATING BUSINESS UNIT HEAD: Teresa Thomason, #5708 ADDITIONAL INFORMATION CONTACT: Joel McElhany, #5745 ATTACHMENTS 1. BRIT 2022 Bond ICA Amend 2 AO R2 [7.1.35.1 - 2 pages] 2. BRIT 2022 Bond ICA Amend 2 AO R3 [7.1.35.3 - 2 pages] 3. BRIT 2022 Bond ICA Amend 2 AO R4 [7.1.35.4 - 2 pages] 4. CONFIDENTIAL - FIDS 26 993 BRIT ICA Amd 2 [7.1.35.5 - 5 pages] 5. CONFIDENTIAL - BRIT 2022 Bond ICA Amend 2 funds avail [7.1.35.8 - 4 pages] 6. CONFIDENTIAL - 1295 Form [7.1.35.9 - 1 page] CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1488876 Fort Worth Botanic Garden Fort Worth, TX United States Date Filed: 07/14/2026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. No Available Construction services under an Infrastructure Construction Agreement. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is �r� and my date of birth is My address is /Vi� lilii� % �J,�r!/(lam GOr W©f 1k _, t (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 7A--1r(1 County, State of ,l on the day of 20Z& (mo th) (year) t Signature of authorized ent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.477b1118 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: BRIT Subject of the Agreement: Amendment #2 to Botanic Garden 2022 Bond ICA 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 0 No ❑ 60446 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 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 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104988, 104987, 104988, 104989, 104991, 104992, 102820, 102828 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: 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.