21-2553 - 7671 - GMP Amendment 1 Ordinance ExecutedORDINANCE No. 21-2553
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CMAR
GUARANTEED MAXIMUM PRICE AMENDMENT TO THE CONSTRUCTION MANAGER
AT RISK CONTRACT WITH BALFOUR BEATTY CONSTRUCTION, LLC, FOR THE
RENOVATION OF THE LOOP 288 PROJECT, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7671 — CMAR
GUARANTEED MAXIMUM PRICE AMENDMENT AWARDED TO BALFOUR BEATTY
CONSTRUCTION, LLC, IN THE AMOUNT OF $9,779,701.00, WITH A TOTAL NOT -TO -
EXCEED AMOUNT $9,784,701.00).
WHEREAS, the City of Denton has engaged in a request for qualifications for the
renovation of the Loop 288 Project; and
WHEREAS, Balfour Beatty Construction, LLC was selected as the most qualified firm to
provide construction manager at risk ("CMAR") services for the renovation of the Loop 288
Project, and on August 17, 2021, the City Council approved the CMAR agreement with Balfour
Beatty Construction, LLC, and funded preconstruction services in the not -to -exceed amount of
5,000.00 (Ordinance 21-1691); and
WHEREAS, Balfour Beatty Construction, LLC and the City, in accordance with the
requirements of the CMAR agreement, solicited, received, and tabulated competitive bids and
proposals for the CMAR agreement in accordance with the procedures of state laws and city
ordinances, and rejected and re -solicited certain bids and proposals. The City Council ratifies and
approves any such rejections and finds that the bids and proposals included in the Guaranteed
Maximum Price Amendment are the lowest responsible bids, provide the best value, and are in the
best interest of the City; and
WHEREAS, the City Council desires to establish a not -to -exceed amount of $9,784,701.00
for the renovation of the Loop 288 Project; and
WHEREAS, upon full review of all matters attendant and related thereto, the City Council
is of the opinion that the City Manager, or their designee, should be authorized to execute a
Guaranteed Maximum Price Amendment with Balfour Beatty Construction, LLC, for a
Guaranteed Maximum Price that will not exceed $9,784,701.00.00 for the renovation ofthe Loop
288 Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained in the preamble of this ordinance are true and correct
and are incorporated herewith as part of this ordinance.
SECTION 2. A not -to -exceed amount of $9,784,701.00 for the renovation of the Loop
288 Project has been established and reviewed by the City Council and found to be in the best
interest of the City of Denton and its citizens, and is in all things approved.
SECTION 3. The City Manager, or their designee, is authorized to execute a Guaranteed
Maximum Price Amendment, attached hereto and incorporated herein, to the CMAR agreement
previously approved by City Council on August 17, 2021 under Ordinance No. 21-1691, and all
other necessary and related documents after the same have been reviewed and approved by the
City Attorney, or their designee, with Balfour Beatty Construction, LLC, for the renovation of the
Loop 288 Project with a CMAR Guaranteed Maximum Price that will not exceed $9,789,701.00.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by-'c55e_ - \ I S and seconded
by _ 15dn iWe 9 v ; ce . This ordinance was passed and approved by the following vote
o]:
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: ,r
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5: ,l
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 1_(Q0 day of No k(.erAb-o , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: sl
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed lay Marcella Lunn
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DN: cn—Marcella Lunn, o, ou=City
BY. 11Jl. iU
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of Denton,
Vl. i email=marcella.lunn@cityofdento
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Date: 2021.11.0815:35:44 06'00'
GERARD 9SPETH. MAYOR