23-2117 - 8055 - GMP Amendment 1 Ordinance ExecutedORDINANCE NO. 23-2 117
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION. AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION MANAGER AT RISK CONTRACT WITH SUNDT CONSTRUCTION,
INC., FOR CONSTRUCTION PHASE SERVICES FOR NEIGHBORHOOD 2 AND 6
IMPROVEMENTS FOR THE CAPITAL PROJECTS DEPARTMENT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ
8055 – AWARDED TO SUNDT CONSTRUCTION, INC., INCLUDING THE FIRST
GUARANTEED MAXIMUM PRICE IN THE PARTIAL NOT-TO-EXCEED AMOUNT OF
$ 13,889,600.00).
WHEREAS, the City of Denton has engaged in a request for qualifications for
Neighborhood 2 & 6 Improvements for the Capital Projects Department; and
WHEREAS, Sundt Construction, Inc., was selected as the most qualified firm to provide
construction manager at risk (“CMAR”) services for the Neighborhood 2 & 6 Improvements, and
on November 1, 2022, the City Council approved the CMAR agreement for preconstruction phase
services with Sundt Construction, Inc., and funded preconstruction services in the not-to-exceed
amount of $452, 147.00 (Ordinance 22-2 195); and
WHEREAS, Sundt Construction, 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
$ 13,889,600.00 for the construction of the Neighborhood 2 & 6 Improvements; and
WHEREAS, this project has been phased and this guaranteed maximum price(“GMP“)
proposal is the first of two (or several) GMP proposals that make up the entire project; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; 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 Sundt Construction, Inc., for a Guaranteed Maximum
Price that will not exceed $13,889,600.00 for the renovation of the Neighborhood 2 & 6
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 $13,889,600.00 for the construction of the
Neighborhood 2 & 6 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 November 1, 2022, under Ordinance No. 22-2 195, and
all other necessary and related documents after the same have been reviewed and approved by the
City Attorney, or their designee, with Sundt Construction, Inc, for the construction of the
Neighborhood 2 & 6 Improvements with a CMAR Guaranteed Maximum Price that will not
exceed $13,889,600.00.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The moti8„ to app,o„e this ordi„ance was made by U.-{ J L)6ttg and
seconded by gul M+1 he/ . The ord bythe following vote K-a :
Aye
/
./
1/
,/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :,/
Chris Watts, At Large Place 6:7
PASSEDANDAPPROVEDthi,th, Iq 1'~ day of NJ,,,.,_\,/_, 2023.
NN
ATTEST:
JESUS SALAZAR, CITY SECRETARY
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users
and Groups, ou=General
Government, ou=Legal.
_TnmaTmHm
email=Marcella.Lunn@cityofdent
on.com
Date: 2023.10.3 1 15:52:50 -05'00'
BY: – XXi\n\\h\_ \\IIB