Loading...
HomeMy WebLinkAbout061923-R1A1 - Construction-Related - Contract - Bean Electrical, LLCCity Secretary Contract No. FIRST AMENDMENT AND FIRST RENEWAL OF Page 1 of 3 CITY SECRETARY CONTRACT NO. 61923 A NON-EXCLUSIVE UNIT PRICE TASK ORDER CONSTRUCTION CONTRACT BETWEEN THE CITY OF FORT WORTH AND LUMIN8 TRANSPORTATION TECHNOLOGIES, LLC F/K/A BEAN ELECTRICAL, LLC FIRST RENEWAL AND FIRST AMENDMENT OF CITY SECRETARY CONTRACT NO. 61923 A NON-EXCLUSIVE UNIT PRICE TASK ORDER CONSTRUCTION CONTRACT BETWEEN THE CITY OF FORT WORTH AND LUMIN8 TRANSPORTATION TECHNOLOGIES, LLC F/K/A BEAN ELECTRICAL, LLC This FIRST RENEWAL AND FIRST AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 61923 (“First Renewal and First Amendment”), is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas (“City”), acting by and through its duly authorized Assistant City Manager, and Lumin8 Transportation Technologies, LLC, a Colorado limited liability company, f/k/a Bean Electrical, LLC, a Texas limited liability company (“Contractor”), acting by and through its duly authorized representative. WHEREAS, the City and Contractor entered into a Non-Exclusive Unit Price Task Order Construction Contract for the City’s Small-Scale Infrastructure Program, City Secretary Contract Number 61923 (“Agreement”); and WHEREAS, the Agreement provides for a one-year Initial Term with four optional one- year Renewal Terms; and WHEREAS, the Agreement provides that the total amount of all Task Orders issued to Contractor and to other contractors participating in the Program shall not exceed eight million dollars for the Initial Term or any Renewal Term; and WHEREAS, City and Contractor desire to renew and extend the Agreement for the first one-year Renewal Term; and WHEREAS, City and Contractor desire to establish the total amount of all Task Orders that may be issued to Contractor during the first Renewal Term; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, City and Contractor do mutually covenant and agree to renew, extend, and amend the Agreement as follows: 1. City and Contractor agree to renew and extend the Agreement for the first one-year renewal term, effective beginning on August 28, 2025 and expiring on August 27, 2026. City Secretary Contract No. FIRST AMENDMENT AND FIRST RENEWAL OF Page 2 of 3 CITY SECRETARY CONTRACT NO. 61923 A NON-EXCLUSIVE UNIT PRICE TASK ORDER CONSTRUCTION CONTRACT BETWEEN THE CITY OF FORT WORTH AND LUMIN8 TRANSPORTATION TECHNOLOGIES, LLC F/K/A BEAN ELECTRICAL, LLC 2. Section 4.1 of the Agreement is amended to add the following at the end of the paragraph: During the First Renewal Term the total amount of all Task Orders issued to Contractor shall not exceed Two Million Dollars ($2,000,000.00). 3. a. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment and First Renewal shall remain in full force and effect. b. All terms in this First Amendment and First Renewal that are capitalized but not defined shall have the meanings assigned to those terms in the Agreement. IN WITNESS WHEREOF, the parties have executed this First Amendment and First Renewal to be effective on August 28, 2025. CITY OF FORT WORTH LUMIN8 TRANSPORTAION TECHNOLOGIES, LLC f/k/a BEAN ELECTRICAL, LLC ________________________________ Jesica L. McEachern Robert “Bobby” Webb Assistant City Manager Southwest Regional President Date:Date: Recommended by: D.J. Harrell, Director Development Services Department City Secretary Contract No. FIRST AMENDMENT AND FIRST RENEWAL OF Page 3 of 3 CITY SECRETARY CONTRACT NO. 61923 A NON-EXCLUSIVE UNIT PRICE TASK ORDER CONSTRUCTION CONTRACT BETWEEN THE CITY OF FORT WORTH AND LUMIN8 TRANSPORTATION TECHNOLOGIES, LLC F/K/A BEAN ELECTRICAL, LLC APPROVED AS TO FORM AND LEGALITY: Stephen M. Hines Senior Assistant City Attorney M&C: 24-0461 Form 1295: N/A ATTEST Contract Compliance Manager: By signing, I acknowledge that I am the person Jannette S. Goodall City Secretary responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Tablisha Taylor Acting Contract Services Administrator Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA Create New From This M&C DATE:6/11/2024 REFERENCE NO.: **M&C 24- 0461 LOG NAME: 06SSIP UNIT PRICE TASK ORDER CONSTRUCTION CONTRACTS CODE:C TYPE:CONSENT PUBLIC HEARING:NO SUBJECT: (ALL) Authorize Execution of a Non-Exclusive Unit Price Task Order Construction Agreement with Bean Electrical, LLC, in an Annual Amount Up to $8,000,000.00 for the Initial Term with Four One-Year Renewal Options for the Development Services Department’s Small-Scale Infrastructure Program RECOMMENDATION: It is recommended that the City Council authorize the execution of a non-exclusive unit price task order construction agreement with Bean Electrical, LLC, in an annual amount up to $8,000,000.00 with four one-year renewal options for the Development Services Department’s Small-Scale Infrastructure Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a non- exclusive unit price construction agreement to provide construction services on an as-needed (task order) basis for the construction of projects relating to the installation of small-scale or infill developer- led projects, for the Development Services Department’s Small-Scale Infrastructure Program (Program). The scope of the projects in the Program include 800 feet or fewer of water, sewer, storm services, sidewalk and four or fewer pedestrian/streetlight installations. The construction cost will be funded entirely by developers On March 19, 2024 (M&C 24-0187), the City Council authorized execution of engineering agreements and adopted appropriation ordinances necessary for the Program, including the construction contracts that are the subject of this M&C. The funds appropriated are subject to receipt of funds from the developers for the projects. For the initial phase of the Program, the City issued a public bid for pedestrian and streetlight installation with associated flatwork. The project was bid as a low bid contract. Notice of bids was published in the Fort Worth Star Telegram on February 29, 2024, and March 7, 2024. On April 18, 2024, Bean Electrical, LLC submitted the following bid CONTRACTOR BID Bean Electrical, LLC $74,780,995.00 The unit price bid received inlcudes a large array of items, each having a quantity reflective of the total for the entirety of the contact. Task orders will be issued for each project and the bidder was made aware of the contract cap amount. Bean Electrical, LLC was the only contractor that submitted a bid. An evaluation panel consisting of representatives from the Development Services Department evaluated the bid. The evaluation panel determined that the prices bid by Bean Electrical, LLC are reasonable. As future phases of the Program are initiated, City staff will publicly bid additional infrastructure component construction contracts. All construction contracts for the Program will be non-exclusive agreements to allow the Program the maximum amount of flexibility. Page 1 of 3M&C Review 8/6/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32168&councildate=6/11/2024 Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Funding for the Small-Scale Infrastructure Program is depicted in the table below Fund Name Existing Appropriations Fiscal Year 2024 Budget Small-Scale Infrastructure Program City Project No. P00151 M&C 24-0187 $14,700,000.00 $14,700,000.00 This task order contract will serve current and future capital projects as-needed, and a funds availability verification will be performed by Development Services Contract Managers prior to task order assignment. FUNDING: The maximum combined annual amount allowed under this construction agreement will be $8,000,000.00; however, the actual amount used will be based on the needs of the department and the available budget. DVIN BE: Small Scale Infrastructure Program received a waiver for the Program as there will not be any fiscal City Participation, it does not meet Ordinance, Section 20-368 requirements. AGREEMENT TERMS: Upon City Council approval, the agreements shall begin upon execution and expire one year from that date. RENEWAL TERMS: The agreement may be renewed for four additional one-year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City’s obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the various capital improvement program funds to support the approval of the recommendation and execution of the contract. Prior to any expenditure being incurred, the participating department has the responsibility to validate the availability of funds. TO FROM Submitted for City Manager's Office by:Dana Burghdoff (8018) Originating Department Head:D.J. Harrell (8032) Additional Information Contact:Ty Thompson (2120) Evelyn Roberts (7838) Page 2 of 3M&C Review 8/6/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32168&councildate=6/11/2024 ATTACHMENTS 06SSIP UNIT PRICE TASK ORDER CONSTRUCTION CONTRACT.XLSX (CFW Internal) 1295 Form 2024 small scale jobs.pdf (CFW Internal) Page 3 of 3M&C Review 8/6/2024http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32168&councildate=6/11/2024 DOCUMENT TITLE: Routing and Transmittal Slip Development Services FIRST RENEWAL AND FIRST AMENDMENT OF CITY SECRETARY CONTRACT NO. 61923 A NON-EXCLUSIVE UNIT PRICE TASK ORDER CONSTRUCTION CONTRACT BETWEEN THE CITY OF FORT WORTH AND LUMIN8 TRANSPORTATION TECHNOLOGIES, LLC F/K/A BEAN ELECTRICAL, LLC M&C: 24-0461 CPN_N/A CSO# DOC# Remarks: Contract documents are being routed to execute a contract with and Lumin8 Transportation Technologies, LLC, f/k/a Bean Electrical, LLC,such to provide construction services on an as-needed (task order) basis for the construction of projects relating to the installation of small-scale or infill developer-led projects, for the Development Services Department’s Small- Scale Infrastructure Program. DATE to 1 st Reviewer:INITIALS DATE OUT 1. Robert “Bobby” Webb, Lumin8 2.Tablisha Taylor 3.Steve Hines, Legal 4.Cannon Henry,Asst. Dir. 5.D.J.Harell,Dir. 6.Jesica McEachern,ACM 7.Katherine Cenicola 8.Jannette Goodall,City Sec 9.Allison Tidwell,CS Office DOCUMENTS FOR CITY MANAGER’S SIGNATURE:All documents received from any and all City Departments requesting City Manager’s signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next steps. NEEDS TO BE NOTARIZED:Yes X No RUSH:Yes X No SAME DAY:Yes X No NEXT DAY:Yes X No ROUTING TO CSO:X Yes No Action Required: As Requested Attach Signature, Initial and Notary Tabs For Your Information X Signature/Routing and or Recording Comment File Please call Tablisha Taylor at ext. 6250 for questions. Thank you.