HomeMy WebLinkAboutOrdinance 17604-06-2007Ordinance No. 17604-06-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN THE CULTURE AND
TOURISM FUND IN THE AMOUNT OF $3,254,463 AND DECREASING THE
UNRESERVED, UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT;
FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE PARKING
GARAGE CAPITAL PROJECT FUND TO EXECUTE A CONTRACT WITH THOS
S. BYRNE FOR THE CONSTRUCTION OF A NEW DOWNTOWN PARKING
GARAGE (00136); PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1
That in addition to those amounts allocated to the various City departments for Fiscal Year 2006-
2007 in the Budget of the City Manager, there shall also be increased appropriations in the Culture
and Tourism Fund in the amount of $3,254,463 and decreasing the unreserved, undesignated fund
balance by the same amount, for the purpose of transferring said funds to the Parking Garage
Capital Project Fund to execute a contract with Thos. S. Byrne for the construction of a new
downtown parking garage (City Project No. 00136).
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17142 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
ADOPTED AND EFFECTIVE: June 12 2007
This ordinance shall take effect upon adoption.
City of Fort VI/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2007 -Ordinance Nos. 17604-06-2007 and 17605-06-
2007
DATE: Tuesday, June 12, 2007
LOG NAME: 20TSBGARAGE2 REFERENCE NO.: C-22184
SUBJECT:
Authorize Execution of aConstruction-Manager-at-Risk Agreement with Thos. S. Byrne, Ltd., for the
Construction of the New Downtown Parking Garage and Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and
Tourism Fund by $3,254,463.00 and decreasing the unaudited, unreserved, undesignated fund balance by
the same amount;
2. Authorize the City Manager to transfer $3,254,463.00 from the Culture and Tourism Fund to the Parking
Garage Capital Project Fund;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Parking Garage Capital Project Fund in the amount of $3,254,463.00 from available funds; and
4. Authorize aConstruction-Manager-at-Risk (CMAR) agreement with Thos. S. Byrne, Ltd. (TSB), in the
amount of $22,965,032.00 for the construction of a new downtown parking garage.
DISCUSSION:
On October 13, 2005, a request for proposal was issued for a CMAR firm to participate in the design
process and lead the construction process for the construction of a new downtown City parking garage. A
city staff selection panel identified TSB as the best qualified CMAR firm. On January 24, 2006, (M&C C-
21271) City Council authorized a consultant agreement with Jacobs Facilities Inc. (Jacobs) for the design
and construction administration of this parking garage. On that same date, the City Council approved a
Pre-Construction Services Agreement (M&C C-21272) with TSB for pricing, value-engineering, and
constructability review services associated with the design of a new downtown parking garage.
Jacobs submitted the 100 percent construction design, and based on that a Final Guaranteed Maximum
Price of $22,965,032 has been negotiated with TSB.
The estimated overall cost of the project is:
Design
Pre-Construction Services
CMAR Construction Contract
Geo-tech and materials testing
Utilities
$1,275,000.00
$25,000.00
$22,965,032.00
$427,000.00
$825,000.00
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ITS
Staff Admin
Contingency
Total
$25,000.00
$45,000.00
$87, 968.00
$25,900,000.00
Thos. S. Byrne has committed to 30 percent overall M/WBE participation on the parking garage project and
is in compliance with the City's M/WBE Ordinance. The City's goal on this project is 30 percent.
Funding for this project is coming from two sources: 1) Cultural and Tourism Fund has set aside
$5,400,000, of which $2,145,537 has already been appropriated (M&C's C-21271, C-21272, and C-
21546), leaving a balance of $3,254,463 to be appropriated with this M&C. 2) M&C G-15621 approved
appropriation of $22,030,000 for the parking garage; $20,500,000 will be used to fund construction with
this M&C and the balance of $1,530,000 is available to begin repayment of the bond debt until the parking
garage begins to generate revenue.
Projects of this magnitude typically include at least 5 percent construction contingency. This project has a
much lower contingency than typical (less than 1/2 percent) at this point to allow inclusion of all alternates
related to the appearance of the garage. Examples of alternates accepted include embedded conduits for
lighting and sound systems to be installed under a separate public art contract; the use of colored glass
rather than tinted glass; and replacing a translucent canopy with a colored glass canopy. Avalue-
engineering proposal to delete the thin brick veneer for a credit of $365,000 has not been accepted. If
additional funds are needed for contingency purposes, it is recommended that the thin brick veneer be
deleted from the contract scope and those funds be used for contingency change orders.
The project is physically located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in all Council
Districts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director 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, of
the Parking Garage Fund. The unaudited, unreserved, designated fund balance of the Culture and
Tourism Fund will be $13,957,899 after this appropriation.
TO Fund/AccountlCenters
1) 0004 538070 0240400 $3,254.463.00
3) P259 511080 301070013680 $30.000.00
3) P259 522500 301070013680 $250.000.00
3) P259 531060 301070013680 $400,000.00
3) P259 541200 301070013680 $2,574,463.00
P259 472004 301070013680 $3.254.463.00
FROM Fund/Account/Centers
2) GG04 538070 0240400
4)P259 541200 301070013680
$3.254.463.00
$22,965,032.00
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Marc Ott (8476)
Robert Goode (7801)
Glenn Balog (2028)
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