22-2282 - 7714 - Construction Ordinance ExecutedORDINANCENO. 22-2282
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE ACONSTRUCTION MANAGER AT RISK CONTRACT WITH MCCARTHY BUILDINGCOMPANIES, INC., FOR CONSTRUCTION PHASE SERVICES FOR SOUTHEASTDENTON PACKAGE B IMPROVEMENTS FOR THE CAPITAL PROJECTS DEPARTMENT;PROVDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING ANEFFECTIVE DATE (RFQ 7714 – AWARDED TO MCCARTHY BUILDING COMPANIES,
INC., IN THE NOT-TO-EXCEED AMOUNT OF $21,582,378).
WHEREAS, the City of Denton has engaged in a request for qualifications for Southeast
Denton Package B Improvements for the Capital Projects Department; and
WHEREAS, McCarthy Building Companies, Inc., was selected as the most qualified firm
to provide construction manager at risk (“CMAR”) services for the Southeast Denton Package B
Improvements, and on December 14, 2021, the City Council approved the CMAR agreement for
preconstruction phase services with McCarthy Building Companies, Inc., and funded
preconstruction services in the not-to-exceed amount of $174,955.00 (Ordinance 21-2686); and
WHEREAS, McCarthy Building Companies, Inc., 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 Construction
Phase Services Contract 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
$21,582,378.00 for the construction of the Southeast Denton Package B Improvements; 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
Construction Phase Services Contract with McCarthy Building Companies, Inc., for a Guaranteed
Maximum Price that will not exceed $21,582,378.00 for the renovation of the Southeast Denton
Package B Improvements; 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 $21,582,378.00 for the construction of the
Southeast Denton Package B Improvements 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 Construction
Phase Services Contract, attached hereto and incorporated herein, to the CMAR agreement
previously approved by City Council on December 14, 202 1 under Ordinance No. 21-2686, and
all other necessary and related documents after the same have been reviewed and approved by the
City Attorney, or their designee, with McCarthy Building Companies, Inc, for the construction of
the Southeast Denton Package B Improvements with a CMAR Guaranteed Maximum Price that
will not exceed $2 1,582,378.00.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
prove
by
this ordinance was made by i3)rfar, %cI( and seconded
This ordinance was passed and approved by the following vote[J-II:
Ayey/
t/
1/
1/
1/
b/
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Nay Abstain Absent
Gerard Hudspeth, Mayor:Vicki Byrd, District 1 :
Brian Beck, District 2:Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase Mcgee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, if d,y ,f bIo\rerr\kb'r , 2022.££a„.
ATTEST:
ROSA RIOS, CITY SECRETARY At$1111111
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APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
Digitally signed by Marcella LunnDN: cn=Marcella Lunn, o, ou=City
M\h n.com, c=US
of Denton.. email=marcella.lunn@cityofdento
Date: 2022.10.21 16:05:45 <)5'OO'
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