Exhibit 1 - Agenda Information Sheet - Amendment 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 City Manager to execute the Guaranteed Maximum Price Amendment to the Design-Build
Amendment with Thos. S. Byrne, Inc., a Texas Corporation, for the renovation and construction of the
property located at 401 N. Elm St. for the City’s new Development Services Center; providing for the
expenditure of funds therefor; and, providing an effective date, (RFQ 7228 – awarded to Thos. S. Byrne,
Inc. – Guaranteed Maximum Price of Design-Build contract in the not-to-exceed amount of $5,521,702.00).
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 cervices) 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.
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.
BCS received bids from the subcontractors for the construction of the improvements to the building at their
offices on May 14, 2020, and the City was given copies of those bids that day. The first draft of the
subcontractor bid analysis and award recommendation prepared by BCS was reviewed by City staff and the
project team on May 21, 2020.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
After a detailed validation of the proposed construction cost by the City staff and its project controls
consultant, Peak Program Value, LLC, the final Guaranteed Maximum Price proposal was included in the
Design Build Amendment Council now has before it for consideration.
The project’s building permit is ready to be issued following the City’s standard process for such permits.
This timeline on this project is a critical component to the Police Department renovation project. The current
plan is for various City departments to vacate their current office space beginning in November 2020. Once
vacated the Police Department staff can temporarily occupy these spaces in order to more effectively
complete renovations at City Hall East/Police Headquarters.
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 Guaranteed Maximum Price Amendment with Thos. S. Byrne, Inc., for the renovation and
construction of the property located at 401 N. Elm St. for the City’s new Development Services Center, in
a not-to-exceed amount of $5,521,702.00.
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 required move-in dates, in the event the City Council
decides approving this Design Build Amendment is appropriate.
As you may remember from previous updates, staff must begin its move-in on November 13, 2020 and 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 million, including property acquisition; design and
engineering; construction; furnishings; IT/teledata/AV/security systems; and owner’s soft costs. The
$5,521,720 requested here meets the budget for design, engineering and construction; and includes
$567,533 for Owner’s Contingency inside this number.
This Owner’s Contingency is for the City’s sole use, at its discretion to add items to the Design-Builder’s
construction scope, in the event of unforeseeable conditions (a given in messy renovations of an existing
building such as this). It is also used for City-initiated changes; such as the significant modifications to the
design (now underway) to make this space safer for customers and staff from COVID-type air-borne
contaminants.
CONSIDERATIONS
The Design Builder’s Preconstruction Services fees, Construction Services fees, and onsite overhead costs
(i.e. “general conditions”) were received in a competitive environment; and are included now using the
formulas, durations and unit costs provided in that proposal.
The remainder of the construction cost is a compilation of the best value subcontractor proposals from the
excellent marketplace participation received by the Design Builder, confirming the City is receiving best
possible value.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Presentation
Exhibit 4: Ordinance and Design Build Amendment
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.