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22-2495ORDINANCE 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/ DocuSign Envelope ID: 072FA89D-3AC54C78-9EC8-DA83EBA52540 DENTON Docusign City Council Transmittal Coversheet 7249 File Name : :: Eg:o:d:FbI jc Safety Project P.r,h„i.gC,„t„t c h'1;t' ch'1'ti;- CIty C,,„,II T„g,t D,t, ' ECEMBER 13’ 2022 Piggy Back Option Contract Expiration Ordinance FILE Not Applicab1 e n/a 22-2495 DocuSign Envelope ID: 072FA89D-3AC54C78-9EC8-DA83EBA52540 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and CONSTRUCTION MANAGER 'DocuSigned by: BY, I MaHiw khAn6AUTHORIZED SIGNATURE Trevor Cra1 n SIGNATURE PRINTED NAME Date. 11/23/2022 Interim D1 rector of Facilitles Printed Name: Martin Lehman TITLE Title: President, North Texas Facillt1 es Ma1 ntenance 817-335-3394 DEPARTMENT PHONE NUMBER m1 ehman@tsbyrne . com EMAIL ADDRESS N/A - Amendment TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER ATTEST: ROSrA_W£!Hh£ ITY SECRETARY CITY OF DENTON, TEXAS A Texas Municipal Corporation APPROVED AS TO LEGAL FORM:By:SMA HtML? MACK RErNWAND, CITY ATTORNEY SARA HENSLEY DocuSigned by:CITY MANAGER By; Init. / AIA Document G701 '- - 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. The “AmericanInstitute of Architects,” “AIA," the AIA Logo, and “AIA Contract Documents" are registered trademarks and may not be used without permission. This documentwas produced by AIA software at 18:31 :00 ET on 10/31/2021 under Order No.2114254101 which expires on 10/23/2022, is not for resale, is licensed for one-timeuse only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org.User Notes: W9ADA,2D) 2 Signer Events Trevor Crain trevor.crain@cityofdenton.com Interim Director of Facilities Security Level: Email, Account Authentication(None) Signature Timestamp Sent: 11/23/2022 8:45:22 AM Viewed: 11/23/2022 8:50:16 AM Signed: 1 1/23/2022 8:50:45 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 11/23/2022 8:50:16 AMID: a3cb6ada452a-457a-9c3c-1 86f28060fa3 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Completed Sent: 11/23/2022 8:50:53 AM Viewed: 12/14/2022 9:05:01 AM Signed: 12/14/2022 9:15:10 AMUsing IP Address: 198.49.140.10 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) Sent: 12/1 4/2022 9: 15:14 AM Viewed: 12/14/2022 9:19:06 AM Signed: 12/14/2022 9:19:22 AM Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) 'DwuSlgned by: I Ran Rim IC5CA8C5EI 75493 Sent: 12/14/2022 9:19:26 AM Viewed: 12/14/2022 10:59:10 AM Signed: 12/14/2022 10:59:34 AM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 12/14/2022 10:59:10 AMID: 60dd1727-14f9'4cf9-a8bf-86d58a6941d8 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication(None) Electronic Record and Signature Disclosure:Not Offered via DocuSign Timestamp Sent: 11/21/2022 4:59:48 PM Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Martin Lehman, Trevor Crain, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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