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Home My WebLink AboutContract 58062-A1AMENDMENT NO. 1 TO JOB ORDER CONTRACTING SERVICES AGREEMENT STATE OF TEXAS CITY SECRETARY CONTRACT NO. 58062-Al COUNTY OF TARRANT WHEREAS, the City of Fort Worth and Mark IV Construction Group, LLC (Contractor) made and entered into City Secretary Contract No. 58062 (The Contract), effective Sept. 3, 2022 (M&C 22-0577) in the amount of $1,500,000.00_for Job Order construction services; and WHEREAS, it has been determined that additional funds in the amount of $375,000.00 are needed in order to fund a specific construction project, said additional funds having been authorized by the City Council on June 11, 2024 (M&C 24-0499) NOW THEREFORE, City and Contractor, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the Contract: Article 6. CONTRACT SUM is amended as follows: Owner shall pay Contractor for performance of the Job Order Contract on an individual Job Order basis based on the associated Statement of Work, subject to additions and deductions provided therein, and make payment on account as hereinafter provided. The price for a job or project ordered by the Owner under this JOC (the "Job Order Sum") shall be based on the Unit Price Guide and the Coefficient, and any non -pre - priced items. Non -pre -priced items shall not exceed fifty percent (50%) of the value of the Job Order. The Owner shall have the unconditional right to withdraw its Job Order at any time before or after the Contractor has submitted its proposal for the Job Order. If the Job Order is withdrawn, Contractor shall not be entitled to any compensation or reimbursement of any costs incurred by the Contractor of any nature for the withdrawn Job Order. For a Job Order under this JOC to become effective, it must be (a) signed by the Owner and the Contractor, (b) a fixed price, lump sum contract, and (c) based on a Statement of Work incorporated into the Job Order. The City shall pay JOC an amount not to exceed $1,875,000 for all services performed under this Contract. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Mark IV JOC Contract Amendment No. 1 Page 1 of 2 Effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth baw By: � q�� Dana Burghdoff(Jun 202417. CDT) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Jun 20, 2024 Approval Recommended: By: Name: Marilyn Marvin Title: Interim Director, Property Management Attest: ° OQORt��dd 0 Fo ono °=d aan� nEXA?a4p By: Name: Jannette Goodall Title: City Secretary VENDOR: Mark IV Construction Group, LLC Cry„ COW, Amy By: Cope (Jun 17, 202414:20 CDT) Name: Amy Cope Title: President Jun 17, 2024 Date: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4�4 Name: Nikita Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By: Douglas Black (Jun 20, 202415:01 CDT) Name: Douglas Black Title: Senior Assistant City Attorney Contract Authorization: M$C: 24-0499 OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Mark IV JOC Contract Amendment No. 1 Page 2 of 2 FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 11, 2024 REFERENCE NO.: **M&C 24-0499 LOG NAME: 21 NEW CITY HALL ORNAMENTAL LIGHTING SUBJECT: (CD 9) Authorize Execution of Amendment No. 1 to a Job Order Contract with Mark IV Construction Group, LLC., in the Amount of $375,000.00 and Authorize a Task in the Amount of $1,116,200.00, Under the Job Contract with Mark IV Construction Group, LLC., Including a Pre -Payment in the Amount of $400,000.00 for Fabrication of Materials to Make Repairs to the New City Hall's Ornamental Lighting System RECOMMENDATION: It is recommended that the City Council authorize: 1) Execution of Amendment No. 1 to the job order contracts with Mark IV Construction Group, LLC (City Secretary No. 58062-RI), to increase contract capacity in the amount of $375,000.00 increasing the contract amount to $1,875,000.00; 2) Authorize an individual task order with Mark IV Construction Co. Inc., in the amount of $1,116,200.00 under the Job Order Contract, including a pre -payment in the amount of $400,000.00 for fabrication of materials, to make repairs to the New City Hall ornamental lighting system. DISCUSSION: The purpose of this M&C is for the City Council to approve an increase to the overall Job Order Contract with Mark IV Construction Group, LLC (City Secretary No. 58062-RI) and to authorize an individual task order in the amount of $1,116,200.00, to make repairs to the New City Hall -decorative lighting system. New City Hall, located at 100 Fort Worth Trail, was constructed in 2004. The upper portion of the building is constructed of opaque glass panels which were back -lit with colored LED lights. The uppermost portion of the building was also washed with colored up -lights. These lights were controlled by software and a computer system to produce various light displays. Most of the up -lights and many of the colored LED lights have failed over the years. Because of this, the lighting system is limited in what colors it can display and a random "sparkling" affect is used to conceal the fact that not all lights are working. City staff recommends issuing a Job Order to Mark IV Construction Group, LLC to order the required replacement parts and controls and restore the lighting system. On August 9, 2022, the City Council authorized execution of a Job Order Contract with the Mark IV Construction Group, LLC, for construction services for minor construction and renovation projects with the aggregate amount of task orders not to exceed $1,500,000.00 during any one-year period (M&C C-22- 0577). In order to accomplish repairs to the New City Hall decorative lighting system and have capacity for possible future work, staff recommends that the limit for aggregate amount of work orders be increased to $1,875,000.00. State law requires that the governing body approves all task orders that exceed $500,000.00. Staff requests that the City Council approval for this task order in the amount of $1,116,200.00. The overall project costs are expected to be as described in the table below: NEW CITY HALL ORNAMENTAL LIGHTING IITOTALS Materials and Job Order Costs 11 $1,116,200.00 Project Administration, Project Management, Contingency, Etc. $104,000.00 PROJECT TOTAL $1,120,200.00 Pricing for Job Order Contracts is established through a competitive bid process, with contractors providing a "multiplier" which applied to a nationwide construction cost index established by R. S. Means. While this process fixes the price of services, it does not address a construction supply issue which has worsened in the recent past. Many "long lead time" items and items in high demand and have started to demand deposits before they will start fabrication. This requires large upfront costs and impacts the schedule. Staff is recommending City Council approve prepayment, not to exceed $400,000.00, to Mark IV for procurement of critical components. Funding is budgeted in the Facilities Rep/Maint Supplies account within the General Fund for the Property Management Department. BUSINESS EQUITY GOAL - A waiver of the goal for Business Equity subcontracting requirements was submitted and approved by DVIN, in accourdance with the applicable Ordinance, because the LED Lighting System in New City Hall is a proprietary and the contractor is utilizing original manufacture for components, computers and software. New City Hall is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds are available in the current operating budget, as previously appropriated, in the General Fund. Prior to an expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID I Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manaaer's Office bv: Dana Burghdoff (8018) Oriainatina Department Head: Marilyn Marvin (7708) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 1. 21 NEW CITY HALL ORNAMENTAL LIGHTING.docx (CFW Internal) 2. 21 NEW CITY HALL ORNAMENTAL LIGHTING.xlsx (CFW Internal) 3. Doc - Mav 10 2024 - 2-50?PM.Ddf (CFW Internal) 4. SAM Mark IV Construction Group LLC.Ddf (CFW Internal) 5. Waiver Reauest Ar)Droved for New Citv Hall Ornamental Liahtina.Ddf (CFW Internal)