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Exhibit 1 - Agenda Information Sheet - GMP AmendmentCity of Denton _____________________________________________________________________________________ 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.