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Home My WebLink About25-511ORDINANCE NO. 25-5 11 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION. AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC., FOR CONSTRUCTION PHASE SERVICES FOR SOUTHEAST DENTON PACKAGE B (SED-B) IMPROVEMENTS FOR THE CAPITAL PROJECTS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVDING AN EFFECTIVE DATE (RFQ 7714 – CHANGE ORDER NO. 1 1N THE NOT-TO- EXCEED AMOUNT OF $544,645.00, FOR A TOTAL CONTRACT AWARD AGGREGATED TO $22, 127,023.00). WHEREAS, on November 15, 2022, by Ordinance No. 22-2282, the City Council awarded a contract to McCarthy Building Companies, Inc., in the amount of $21,582,378.00, for construction phase services for Southeast Denton Package B (SED-B) Improvements for the Capital Projects Department; 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. 1, increasing the amount of the contract between the City and McCarthy Building Companies, Inc., which is on file in the office of the Purchasing Agent, in the amount of Five Hundred Forty-Four Thousand Six Hundred Forty-Five and 0/100 ($544,645.00) dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount increases to $22,127,023.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Brandon Chase McGee and seconded by Brian Beck. This ordinance was passed and approved by the following vote [ 6 - 0 ] : •a a • 1 Aye 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 : Jill Jester, At Large Place 6: X X X X X X X PASSED AND APPROVED this the 25th day of March, 2025 . drM/C:: ATTEST: LAUREN THODEN, CITY SECRETARY dnLUW\ ,DudE L\\ it tIll III/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY:IEaha&hLtCIUb III It U 11:11!!i1::i = = I + Docusign Envelope ID: 60893A78-2EA8-4B83-9720-9456DFAD7F24 DENTON Docusign City Council Transmittal Coversheet 7714FILE File Name c MAR SED-B c h,,g, o ,d,, N ,. r PurchasingContact I Corj Pov”r City Council Target Date MARCH 25’ 2025 Piggy Back Option Contract Expiration Ordinance 1 i cab1 eNot App N/A 25-511 • r P - / • • h Docusign Envelope ID: 60893A78-2EA84B83-9720-9456DFAD7F24 CONSTRUCTION MANAGER AT RISK (CMAR) CHANGE ORDER (CO) FORM OWNER CM@R®l McCarthy Building CompainesCity of Denton 410 N Elm Street 12851 Manchester Rd. Inc. bfi:IEa:i Denton, TX 76201 St. Louis, MO 63131 Scott Fettig Project Manager David Wallace Dept :Capital Projects Date : CO NO.: 2/7/2025 1Project :Southeast Denton Package B Contract Authorized Date:11/1/21 1/17/23 PMO/Contract#210001-4 7714 202177 Notice to Proceed Issued CSP/CMAR No: Purchase Order No THE CONTRACr IS CHANGED AS FOLLOWS Hi[ese funds MEIMd to the "Owner's CoMency" gIHaltem in the gI@ Cost Model, a[Big fordIMMHiMHEEE use as specified in Section 5.1.3 of the Agreement Original GMP Amount:$21,582,378.00 Previously Authorized Change Orders $0.00 Current GMP Amount $21,582,378.00 This Change Order Request:$544,645.00 Revised GMP Amount:$22,127,023.00 m Construction Manager At Risk Signed by: AUTHORIZATIONSEl;m )aaiX tDaII4& MI SMA }ltMb? Mv 'DocuSigned by Dav1 d wa1 1 ace Project Di rector NAME and TITLE ArrEST: LAUREN THODEN, CITY SECRETARY DocuSign•d by:,„ [ U aWth APPROVED AS TO LEGAL FORM MACK REINWAND, CITY Ai–rORNEY DwuSigned by: By:ALartLLLAbADUL This change order has been both reviewed and approved as to financial and operational obligations and business terms/SIgned by DEw- bib\'n--7B46EEA811BG4F2 By: Name :Trevor cra1 n Title :D1 rector of Capita1 Projects Department: Caplta1 Projects Docusign Envelope ID: 60893A78-2EA8-4B83-9720-9456DFAD7FZ4 , . , .-" -"----’-'’ '-'-'---'-' " - --' '- '-'--' -' -- - '-’'’-’' ' --' ' Eihi bit CIQ CONFLICT OF INTEREST QUESTIONNAIRE - For vendor or other person doing business with local governmental enti This questionnaire reflects changes made to the law 4th Leg., Regular Session FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton Ethics Code, Ordinance 18-757 By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thI date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code, misdemeanor. a mW. An offense under this section is a MCCarthy Buildlng companles , Inc. 2 1 1 Check this box if you are filing an update to a previously filed questionnaire.X (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the l\\~ business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as de£ned by Section 176.00 1(1-a), Local Government Code Attach additional pages to this Form CIQ as necessary. A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? = Yes = No B Is the vendor receiving or likely to receive ta\able income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?n ,“= ,„, C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? [-–] Yes n No D Describe each employment or business and family relationship with the local government officer named in this section 4 5 LJ I have no Conflict of Interest to disclose. SIgned by: I)Mil CbatLacl %natuMVM 2 /\1 /2025 with the governmental entity Date Docusign Envelope ID: 60893A78-2EA84B83-9720-9456DFAD7F24 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy ofC'hapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG. 1 76.htm. For easy reference, below are some of the sections cited on this form Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on (A) a transaction that is subject to rate or fee regulation by a federal, state, or local govemmental entity or an agency ofa federal, state, or local governmental entity (B) a transaction conducted at a price and subject to terms available to the public; or (C) apurchase or lease of goods or services from a person that ischartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $ 176.003(a){2)(A) and (B): (A) Alocal government omcer shall file a conflicts disclosure statement with respect to a vendor if (2) the vendor (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local govemmental entity and vendor has been executed; or (ii) the local govemmental entity is considering entering into a contract with the vaxkE (B) has given to the local govemmentomcer ora family member ofthe oBicer one or more gifts that have an aggregate value ofmore than $1(X) in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code $ 176.006{a) and (a-1 ) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local govemmental entity and ( 1) has an employment or other business relationship with a local govemment officer of that local govemmental entity, or a family member ofthe officer, described by Section 176'003(a)(2)(A); (2) has given a local government officer of that local govemmental entity, or a family member of the omcer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gin described by Section 176.003(a- 1); or (3) has a family relationship with a local government officer of that local governmental entity. (a- 1 ) TIle completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of ( 1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local govemmenta1 entity; or (B) submits to the local governmental entity an application, responsetoa request for proposals or bids, correspondence, or another writing related to a potential contract with the local govemmental entity; or (2) the date the vendor becomes aware (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) ofa family relationship with a local government omcer. City of Denton Ethics Code Ordinance Number 18-757 Definitions Relative: a family member related to a City Official within the third 3d degree of affinity ( marriage) or consanguinitv fblood or adoption) City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning and zoning (,"ommission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board Vendor: a person who provides or seeks to provide goods, services. and/or real property to the City in exchange for compensation. Tbis definition does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use Per the City of Denton Ethics Code, Section 2-273. – Prohibitions (3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gift: cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year. Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one ( 1 ) year. orm provided by Texas Ethics Commission www. ethics . state . tx . us Revised 11/30/2015