Exhibit 1 - Agenda Information Sheet - CO 1City of Denton
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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.