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Exhibit 1 - Agenda Information Sheet - CO 1City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: June 2, 2020 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first change order to a Design-Build Agreement between the City of Denton and Thos. S. Byrne, Inc., amending the agreement approved by City Council on March 3, 2020 in the not- to-exceed amount of $206,150; said first change order to provide additional preconstruction services funding for the design, engineering, and renovation of the Development Services Building, located at 401 North Elm Street; providing for the expenditure of funds therefor; and, providing an effective date (RFQ 7228 – providing for an additional first change order expenditure amount not-to-exceed $66,304, with the total contract amount not-to-exceed $272,454). INFORMATION/BACKGROUND The City of Denton’s Development Services Center Building (formerly known as the “Daybreak Building”) is approximately 28,000 gross square feet and is currently unoccupied. The site address is 401 North Elm Street, Denton, Texas. The City purchased this building in fall of 2019 with the intent of renovating it to accommodate new offices for Development Services, Engineering, Community Development and Fire Inspection staff, all of which will be relocated from other locations to this building upon completion of the project. The purchase price of the building was $4,498,781. On March 3, 2020 Council approved the design-build agreement with Thos. S. Byrne, Inc., for the design, engineering, and renovation (i.e. preconstruction services) for the Development Services Center. The approved design-build agreement included the architectural services of Brandstetter Carroll Inc. to develop the plans and provide options and recommendations. When that Agreement was brought to Council on March 3rd, it was noted it was only for preconstruction services, and anticipated an Amendment for the cost of the actual construction itself coming before City Council for their consideration and approval later in 2020. The preconstruction services in the original agreement were based on an anticipated final contract amount (including both preconstruction and construction services) of $3.0 million. On March 17, 2020 Council approved additional funding for improvements to provide energy efficiency upgrades/sustainability considerations, as well as the appearance of the façade and public facing spaces as appropriate. BCI prepared alternatives for these options, as well as subsequently incorporating those approved by Council into the final construction documents. In addition, the City is requesting further design changes to make this a safer building from a COVID perspective for the City staff and the public. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Given these past, current and future scope changes, the current, proposed contract amount (including both preconstruction and construction services) is just over $5.5 million. The original contract anticipated a range of possible final contract amounts from $3.0 million to $5.0 million. Preconstruction services fees for that range were solicited in a competitive environment from the Design-Builder (which includes BCI), and the results attached to the original Agreement. The preconstruction services fees in the original Agreement for a $5.0 million contract amount (including both preconstruction and construction services) is $294,500; no fee is shown for any higher amount. For comparison, the First Change Order amount requested here is for preconstruction fees of $272,454 on a final contract amount of over $5.5 million, which is clearly reasonable given the contract. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 3, 2020, City Council approved a contract with Thos. S. Byrne, Inc., in the not-to-exceed amount of $206,150 (Ordinance 20-429.) RECOMMENDATION Award a change order number 1 to the Design-Build Agreement between the City of Denton and Thos. S. Byrne, Inc., for the design, engineering and other preconstruction services for the Development Services Building, located at 401 North Elm Street, in the not-to-exceed amount of $272,454. PRINCIPAL PLACE OF BUSINESS Thos. S. Byrne, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This project started design and engineering in February and met the deadline to release 100% complete design documents by April 24th on time, a total of just over eight weeks. The project team received excellent response from subcontractors on May 14, 2020, and in the intervening two weeks the most responsive and responsible subcontractor in each category have been recommended for award by the Design Builder. The project remains on schedule to meet the City’s expected move-in dates, in the event the City Council decides approving this Design Build Amendment is appropriate. As a reminder, staff must begin its move-in on November 13, 2020 and the building be open to the public by December 8, 2020 to allow several other City renovation projects to make their critical dates. FISCAL INFORMATION This project has an approved budget of $11,650,000, including property acquisition; design and engineering; construction; furnishings; IT/teledata/AV/security systems; and owner’s soft costs. The $66,303 requested here is well within the budget for design, engineering and other preconstruction services in this budget. CONSIDERATIONS The Design Builder’s preconstruction services fees requested here are reasonable and are driven by City initiated changes. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Presentation Exhibit 4: Ordinance and Design Build Change Order Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Larry Chan, 940-349-7755. Legal point of contact: Larry Collister at 940-349-8333.