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Home My WebLink About26-28683 - City Council - OrdinanceAN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GENERAL CAPITAL PROJECTS FUND IN THE AMOUNT OF $89,072.58, BY INCREASING APPROPRIATIONS IN THE 22 BOND WATER GARDEN PROJECT (CITY PROJECT NO. 104751), AND DECREASING APPROPRIATIONS IN THE WATER GARDENS SOUTH WALL REMOVAL PROJECT (CITY PROJECT NO. 100556) BY THE SAME AMOUNT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. The budget of the City of Fort Worth for Fiscal Year 2025-2026, as enacted by Ordinance 27979- 09 2025 as amended, is hereby further amended to adjust estimated receipts and appropriations in the General Capital Projects Fund in the amount of $89,072.58, by increasing appropriations in the 22 Bond Water Garden project (City Project No. 104751), and decreasing appropriations in the Water Gardens South Wall Removal project (City Project No. 100556) by the same amount. SECTION 2. 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. This ordinance shall be cumulative of Ordinance No. 27979-09-2025 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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. This ordinance shall take effect upon adoption. APP TO FORM AND LEGALITY: Douglas Black (Aug 26, 2026 12:54:39 CDT) Assistant City Attorney ADOPTED: August 11, 2026 EFFECTIVE: August 11, 2026 Jannette S. Goodall City Secretary Ordinance No. 26-28683 Page 1 of 1 FORT WORTH. MAYOR AND COUNCIL COMMUNICATION 7.5.4 WATER GARDENS RENOVATION CMAR DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0614 DEPARTMENT: PARK AND RECREATION SUBJECT (CD 9) Authorize Execution of a Construction Manager at Risk Agreement with Thos. S. Byrne, Inc. dba Byrne Construction Services for the Fort Worth Water Gardens Project, with a Preconstruction Phase Services Fee in the Amount of $15,000.00 and a Construction Phase Services Fee of 2.55% within a Project Construction Budget of $4,050,000.00, Adopt Appropriation Ordinance, and Amend the Fiscal Year 2026-2030 Capital Improvement Program (2022 Bond Program) RECOMMENDATION It is recommended that the City Council: Authorize execution of a Construction Manager at Risk Agreement with Thos. S. Byrne, Inc. dba Byrne Construction Services, for the 22 Bond Water Garden project (City Project No. 104751) with a Preconstruction Phase Services Fee in the amount of $15,000.00 and a Construction Phase Services Fee of two and fifty-five tenths percent (2.55%) within a Project Construction Budget of $4,050,000.00; 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund in the amount of $89,072.58, by increasing appropriations in the 22 Bond Water Garden project (City Project No. 104751), and decreasing appropriations in the Water Gardens South Wall Removal project (City Project No. 100556) by the same amount; and 3. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Construction Manager at Risk (CMAR) agreement with Thos. S. Byrne, Inc. dba Byrne Construction Services, for the Fort Worth Water Gardens project with a Pre -construction Phase Services Fee in the amount of $15,000.00 and a Construction Phase Services Fee of 2.55% based on the construction cost, which will collectively be contained within the Guaranteed Maximum Price. The project's construction budget of $4,050,000.00. 1 of 4 FORT WORTH. The park is a historic example of late mid-century design, completed in the mid -1970s. It features three distinct fountain areas: the Quiet Pool on the west side, the Mist Pool at the center of the park, and the Active Pool on the east side, its most iconic feature. This project includes modernizing and replacing the mechanical systems serving the Active Pool fountain along Commerce Street. Improvements include expanding the existing pump house, replacing pumps and electrical equipment, and upgrading the piping systems that feed the fountain. Together, these enhancements are intended to preserve the fountain's operation, ensure another half century of enjoyment for visitors, and continue fostering civic pride within the community. Desian Services On June 10, 2025, a professional services engineering agreement with Freese and Nichols, Inc. (Consultant) was authorized in the amount of $693,078.00 for engineering and preparation of construction documents for this project (M&C 25- 0481, City Secretary Contract No. 63925). CMAR Selection A Request for Proposals for a CMAR was advertised in the Fort Worth Star -Telegram on February 18th and 25th, 2026. A pre -proposal meeting was held on March 12, 2026. The City of Fort Worth received 5 proposals on March 26, 2026, from the contractors listed below: • Thos. S. Byrne, Inc. dba Byrne Construction Services, • Scott Tucker Construction Company, LLC • Falkenburg Construction • CGC General Contractors, INC. • Allen Teinert Construction, Co. The proposers were scored based upon: (a) cover letter, (b) forms and certifications, (c) corporate experience and financial stability, (d) pricing of CMAR services, (e) qualifications and experience of key personnel, (f) pre -construction services approach, (g) construction services approach, (h) Quality Assurance/Quality Control (QA/QC) and safety plan approach, (i) cost and schedule controls, and (j) documentation of a minimum 30% small business goal commitment for construction phase services. The individual scores were totaled for the final score listed in the following table. 2 of 4 FORT WORTH. Proposer Total (a) (b) (c) (d) (e) (f) (g) (h) (i) 0) 100 Pass/Fail Pass/ 10 pts 5 pts 20 pts 25 pts 10 pts 5 pts 25 pts Pass/Fail pts Fail Thos. S. Byrne, Inc. dba Byrne 90 Pass Pass 10 5 18 23 8 5 21 Pass Construction Services Scott Tucker Construction 22 4 88 Pass Pass 10 4 18 9 21 Pass Company, LLC Falkenberg 79 Pass Fail 3 3 18 25 8 4 18 Fail Construction CGC General Contractors, 76 Pass Pass 5 2 8 25 9 5 22 Pass Inc. Allen Teinert Construction 75 Pass Fail 8 3 8 20 6 5 25 Fail Co. Thos. S. Byrne, Inc. dba Byrne Construction Services, will perform 30% of the construction contract with certified small business subcontractors to be procured after this CMAR agreement is executed. Staff recommends that the City Council authorize the execution of the CMAR Construction Contract with Thos. S. Byrne, Inc. dba Byrne Construction Services, for the construction of the Fort Worth Water Gardens improvements. Pre -construction services will commence upon award of this contract and issuance of a notice to proceed. This M&C will also reallocate $89,072.58 of the remaining residual balance from the completed Water Gardens South Wall Removal project (City Project No. 100556) to the 22 Bond Water Garden project (City Project No. 104751). Funding for this project was not included in the Fiscal Years (FY) 2026-2030 Capital Improvement Program due to unforeseen increases in construction costs. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. Funding is available in the 2022 Bond Program Fund, the General Capital Projects Fund for the Park & Recreation Department for the purpose of funding the 22 Bond Water Garden project. 3 of 4 FORT WORTH. This project is 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 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 that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Fort Worth Water Gardens is located in COUNCIL DISTRICT 9. This contract requires a Form 1295. FISCAL IN FORMATION/CERTIFICATION The Director of Finance certifies that funds are currently available in the Water Gardens South Wall Removal project and in the 22 Bond Water Garden project within the General Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the General Capital Projects Fund for the 22 Bond Water Garden project to support the execution of the agreement. Prior to an expenditure being incurred, the Park and Recreation Department has the responsibility of verifying the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: Dana Burghdoff, # 8018 Teresa Thomason, # 5708 Scott Penn, # 5750 ATTACHMENTS 1. ORD APP 80 WATER GARDEN RENOVATION CMAR 30100 A O 26 R 2v2 [7.5.4.1 - 2 pages] 4 of 4