Exhibit 1 - Agenda Information Sheet - GMP AmendmentCity of Denton
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AGENDA INFORMATION SHEET
DEPARTMENT: Procurement and Compliance
ACM: David Gaines
DATE: December 17, 2020
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the City Manager, or his designee, to execute the CMAR Guaranteed Maximum Price
Amendment to the Construction Manager At Risk Contract with Thos. S. Byrne, Inc., a Texas corporation,
for the renovation of police headquarters and the development and construction of the police substation and
firing range; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7249 –
CMAR Guaranteed Maximum Price Amendment awarded to Thos. S. Byrne, Inc., in the not-to-exceed
amount of $46,039,401.00).
INFORMATION/BACKGROUND
The City of Denton’s Public Safety projects consist of the renovation of the existing headquarters building
to bring it up to standards of the industry and accommodate a more efficient layout; a new remote substation
to address the identified need in that location; and indoor firing range to allow the proper training of the
public safety staff. These projects were part of the recent bond passed November 5, 2019.
The design team, headed by Brandstetter Carroll, Inc. (BCI), was awarded the contract for the design and
engineering services for these three public safety projects in a not-to-exceed amount of $3,085,830 in
second quarter of 2019. They were authorized to complete conceptual design through August 1, 2019, and
then suspended work pending the decision of the voters. Design work re-commenced immediately upon
bond vote certification, and currently continues to stay on schedule. BCI’s contract was amended in 2020
to include addition scope for the Firing Range in a not-to-exceed amount of $649,650.
In response to procurement process Solicitation #7249, the City used a two-step Construction Manager at
Risk (CMAR) selection process to award Byrne Construction Services (BCS) an Owner-CMAR Agreement
authorizing BCS to provide preconstruction services for the fee of $45,000. The City Council was informed
at that time an Amendment for the cost of the actual construction itself would come before City Council for
their consideration and approval late in 2020, or in first quarter of 2021.
BCS received final bids from subcontractors for the construction of renovation and new buildings
electronically on October 21, 2020, and the City was provided electronic copies of those bids that day. The
first draft of that subcontractor bid analysis and award recommendation prepared by BCS was reviewed by
City staff and the project team on November 12, 2020.
After a detailed validation of the proposed construction cost by the City staff and its project/program
controls consultant, Peak Program Value, LLC, the final Guaranteed Maximum Price proposal was included
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
in the Design Build Amendment Council now has before it for consideration. Due to the significant
participation by subcontractors in the bidding process, the City realized cost savings that allowed for the
inclusion of several Add Alternate submittals, including burnished block for the PD Headquarters, 100-foot
firing range lanes, and sustainability items (tankless water heaters and internal daylight harvesting).
The project’s building permit will be issued following the City’s standard process for such permits in
January, and the Notice to Proceed with Construction is planned for January 15, 2021.
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 CMAR, confirming the City is receiving best possible
value.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On April 21, 2020, City Council approved an Owner-CMAR Agreement with Thos. S. Byrne, Inc., in the
not-to-exceed amount of $45,000 (Ordinance 20-853).
RECOMMENDATION
Award Guaranteed Maximum Price Amendment with Thos. S. Byrne, Inc., for the renovation of police
headquarters and development and construction of the police substation and firing range, in the not-to-
exceed amount $46,039,401.
PRINCIPAL PLACE OF BUSINESS
Thos. S. Byrne, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This project will be started upon approval with a completion date by April 30, 2021.
FISCAL INFORMATION
These construction services will be funded from General and Certificate of Obligation funds.
This project has an approved overall budget of $61,900,000, including design and engineering;
construction; furnishings; IT/teledata/AV/security systems; and owner’s soft costs. Along with the
previously approved contracts identified and other miscellaneous expenses, the overall project total is
$50,848,706, well under the overall budget amount. The $46,039,401 requested with this amendment
remains within the anticipated overall construction budget amount of $49,397,991.
As was previously discussed with Council, this amendment also includes $5,900,000 for Owner’s
Contingency. This Owner’s Contingency is for the City’s sole use, at its discretion to add items to the
CMAR’s construction scope, in the event of encountering unforeseeable conditions. These unforeseeable
conditions are typical in a renovation of an existing building; and developing a large, untouched site such
as with the Substation and Firing Range. This contingency is also used for City-initiated changes; such as
modifications that may be required by the authorities in 2021 to make this space even safer for citizens and
staff from COVID-type air-borne contaminants. All unused contingency will be returned to the City at the
end of the project.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance and Contract
Exhibit 3: Presentation
Exhibit 4: Ordinance and Guaranteed Maximum Price Amendment
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Scott Gray, 940-349-7744.
Legal point of contact: Marcella Lunn at 940-349-8333.