22-2495 - 7249 - Change Order 3 Amendment ExecutedORDINANCE NO. 22-2495
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERNO. 3 TO THE OWNER-CONSTRUCTION MANAGER AGREEMENT WITH THOS. SBYRNE, INC.. FOR THE REPLENISHMENT OF OWNER’S CONTINGENCY IN THE GMPFOR THE RENOVATION OF POLICE HEADQUARTERS AND CONSTRUCTION OF THEPOLICE SUBSTATION AND FIRING RANGE; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7249 – CMAR CHANGEORDER NO. 3 AWARDED TO THOS S. BYRNE, INC., IN THE NOT-TO-EXCEED AMOUNT
OF $4,83 1 ,479.00, FOR A TOTAL CONTRACT AWARD AGGREGATED TO $56,870,880.00).
WHEREAS, on April 21, 2020, by Ordinance No. 20-853, the City Council awarded a
CMAR contract to Thos S. Byrne, Inc., in the amount of 845,000.00, for pre-construction services
for the renovation of police headquarters, and the development and construction of the police
substation and firing range; and
WHEREAS, on December 17, 2020, by Ordinance No. 20-247 1, the City Council awarded a
First Amendment between the City of Denton and Thos S. Byrne, Inc., in the CMAR Guaranteed
Maximum Price amount of $46,039,401.00, for the renovation of police headquarters, and the
development and construction of the police substation and firing range; and
WHEREAS, on November 9, 2021, by Ordinance No. 20-2479, the City Council awarded a
Change Order No. 1 between the City of Denton and Thos S. Byrne, Inc., in the not-to-exceed
amount of $6,000,000.00, for the renovation of police headquarters, and the development and
construction of the police substation and firing range; and
WHEREAS, on March 15, 2021, Purchasing awarded a Change Order No. 2 between the
City of Denton and Thos S. Byrne, Inc., increasing the contract time by one hundred and eighty-
eight ( 188) days , for the renovation of police headquarters, and the development and construction of
the police substation and firing range; and
WHEREAS, this procurement was undertaken as part of the City’s governmental function;
and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Change Order No. 3, increasing the amount of the contract between the City
and Thos S. Byrne, Inc., which is on file in the office of the Purchasing Agent, in the amount of Four
Million Eight Hundred Thirty-One Thousand Four Hundred Seventy-Nine and 00/100
($4,83 1,479.00) dollars, is hereby approved, and the expenditure of funds therefore is hereby
authorized in accordance with said change order which shall be attached hereto
order amount increases to $56,870,880.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
pproval.
The motion to approve thjs ordinance was made by Bcs aA Bec k and
a
seconded by vfc_l£ t By r J . This ordinance was passed and approved by the
following vote [X - D]:
Nay Abstain Absent
The total purchase
Aye
Mayor Gerard Hudspeth: /
Vicki Byrd, District 1 : /
Brian Beck, District 2: J'_
Jesse Davis, District 3 : /
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 : /
Chris Watts, At Large Place 6: /
PASSED AND APPROVED this the 1 3 t '- da
ATTEST :
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella LunnDN: cn=Marcella Lunn. o.
BY, \xp,LVcM£] bW& ::=i!:,I',:IEt=X.@d,„rd„.an.com, cas–––--–Date: 2022.11.30 17:1 5:09 -06'00'
b\\ttllrll III/