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Exhibit 1 - Agenda Information Sheet - Amendment 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 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.