20-1044ORDrNANCE NO.20- 1044
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
GUARANTEED MAXIMUM PRICE AMENDMENT TO THE DESIGN-BUILD
AGREEMENT WITH THOS. S. BYRNE, INC., A TEXAS CORPORATION, FOR THE
RENOVATION AND CONSTRUCTION OF THE PROPERTY LOCATED AT 401 N. ELM ST
FOR THE CITY’S NEW DEVELOPMENT SERVICES CENTER; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND, PROVIDING AN EFFECTIVE DATE (RFQ
7228 – AWARDED TO THOS. S. BYRNE, INC. – GUARANTEED MAXIMUM PRICE OF
DESIGN-BUILD CONTRACT IN THE NOT-TO-EXCEED AMOUNT OF $5,521,702.00).
Whereas, the City of Denton has engaged in a request for qualifications for the renovation
and improvement of property located at 401 N. Elm St. for use by the City as its new Development
Services CenteR and
Whereas, Thos. S. Byrne, Inc. was selected as the most qualified firm to provide to provide
design-build services for the Development Services Center and on March 3, 2020, the City Council
approved the Design Build Agreement with Thos. S. Byrne, Inc. and fbnded preconstruction
services in the not-to-exceed amount of $206, 150.00 (Ordinance No. 20-429); and
Whereas, the City Council desires to establish a not-to-exceed amount of $5,521,702.00
for the renovation and improvement of the Development Services Center; and
Whereas, upon full review of all matters attendant and related thereto, the City Council is
of the opinion that the City Manager, or his designee, should be authorized to execute a Guaranteed
Maximum Price Amendment with Thos. S. Byrne, Inc. for a Guaranteed Maximum Price that will
not exceed $5,521,702.00 for the renovation and improvement of the Development Services Center
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 $5,521,702.00 for renovation and improvement
of the Development Services Center 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 his designee, is authorized to execute a Guaranteed
Maximum Price Amendment, attached hereto and incorporated here, to the Design Build
Agreement previously approved by City Council on March 3, 2020 under Ordinance No. 20-429,
and all other necessary and related documents after the same have been reviewed and approved by
the City Attorney, or his designee, with Thos. A. Byrne, Inc. for the renovation and improvement
of the Development Services Center with a Guaranteed Maximum Price that will not exceed
$5,521 ,702.00.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
1]
The motioruo approve this ordinance was made by +Mw\A4bMp IIaM seconded
by h , the ordinance was passed anibrov ia)y the Glowing vote [ Cd
Aye
E
,/
./
Nay Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis. District 3:
John Ryan, District 4:
Deb Armintor. At Large Place 5:
Paul Meltzer, At Large Place 6: /
PASSED AND APPROVED this the @ day of June, 2020.
.//
Z
Z
. MAYOR
ArrEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
SH /#2:”
AARON LEAL, CITY ATTORNEY