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HomeMy WebLinkAbout064888 - Construction-Related - Contract - Winston Electric, Inc. dba Acme Electric Companycsc No. 64888 _1 Agreement Page 1 of 5 SECTION 00 52 43 EMERGENCY AGREEMENT FOR ROLLING HILLS WATER TREATMENT PLANT — 84" DIAMETER RAW WATER LINE REPAIRS THIS AGREEMENT is made by and between The City of Fort Worth, a Texas home rule municipality acting by and through its duly authorized City Manager, ("City"), and Winston Electric, Inc. dba Acme Electric Company, a corporation authorized to do business in Texas, acting by and through its duly authorized representative ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work specified or indicated in the attachments to the Contract Documents, as attached hereto or specifically referenced herein, for the Project described below. Article 2. PROJECT SUMMARY The "Project" is generally as follows: Perform temporary duct bank relocation to allow for 84" diameter raw water line repairs at Rolling Hills Water Treatment Plant. Article 3. CONTRACT TIME Time is of the essence. Contractor recognizes that time is of the essence, and the Contractor will be required to deliver to remain on the jobsite until sewer main repair is complete and functioning. The City expects the Contractor to have a sense of urgency to procure and bring the equipment online to perform the Work. Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Work, based on Contractor's invoices, an amount up to Three Hundred Fifty Thousand Dollars ($350,000.00). This figure may be adjusted up or down as final invoices are received. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Exhibits to this Agreement: a. Evidence of Current Insurance b. Current Prevailing Wage Rate Table 3. General Conditions incorporated by reference Article 6. INDEMNIFICATION CITY OF FORT WORTH EMERGENCY AGREEMENT (1.21.26) - RHWTP 84" DIA. RAW WATER LINE REPAIRS OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. _2 Agreement Page 2 of 5 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Other Provisions. 7.6.1 City Wage Rate. The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City. CITY OF FORT WORTH EMERGENCY AGREEMENT (1.21.26) - RHWTP 84" DIA. RAW WATER LINE REPAIRS CSC No. -3 Agreement Page 3 of 5 7.6.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 7.6.3 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.6.4 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.6.5 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH EMERGENCY AGREEMENT (1.21.26) - RHWTP 84" DIA. RAW WATER LINE REPAIRS CSC No. -4 Agreement Page 4 of 5 7.6.6 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. SIGNATURE PAGE AND ANY ATTACHMENTS/EXHIBITS TO FOLLOW CITY OF FORT WORTH EMERGENCY AGREEMENT (1.21.26) - RHWTP 84" DIA. RAW WATER LINE REPAIRS CSC No. -5 Agreement Page 5 of 5 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: Winston Electric, Inc. dba Acme Electric Company ��Qj� //// `'� Name: Rob Keith Title: Service Manager Date: 3/17/2026 Address: 5000 Martin St Fort Worth, TX 76119 APPROVAL RECOMMENDED Christopher Harder Christopher Harder (M& 17, 2026 10:40:10 CDT) Christopher Harder, P.E. Director, Water Department City of Fort Worth By: 0� Jesica McEachern Assistant City Manager Date 03/17/2026 Attest: Jannette S. Goodall, City Secretary (Seal) Approved as to Form and Legality: Douglas Black (Mar 17, 2026 11:13:23 CDT) Douglas W. Black Senior Assistant City Attorney M&C N/A - (Attached 03/12/26 Emergency Memo) Date N/A (Attached 03/12/26 Emergency Memo) Form 1295 N/A 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. %e ,S&4& Toq Sholola, P.E Assistant Director, Water Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH EMERGENCY AGREEMENT (1.21.26) — RHWTP 84" DIA. RAW WATER LINE REPAIRS AGENCY CUSTOMER ID: WINSELE-02 LOC #: 4C " AnnMnNAI RFMARKc CrNi=nl n r Paae 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Winston Electric, Inc. Acme Electric Company 5000 Martin Street POLICY NUMBER Fort Worth TX 76119 CARRIER NAIC CODE EFFECTIVE DATE: kDDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability and Auto Liability policies have a blanket Primary & Non Contributory endorsement that affords that coverage to certificate holders when required by written contact. The General Liability, Auto Liability and Workers Compensation policies include a blanket notice of cancellation to certificate holder's endorsement, providing for 30 days' advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation if the named insured requests cancellation. Umbrella is follow form ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $ 17.19 Excavator Operator, Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter, Structures $ 13.84 Form Setter, Paving & Curb $ 13.16 Foundation Drill Operator, Crawler Mounted $ 17.99 Foundation Drill Operator, Truck Mounted $ 21.07 Front End Loader Operator, 3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator, Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy -Float $ 16.24 Truck Driver Transit -Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 FORT WORTH MEMORANDUM Date: March 12, 2026 To: Jesica McEachem, Assistant City Manager From: Chris Harder, P.E. Water Director Via: Doug Black, Senior Assistant City Attorney Haven Wynne, Chief Procurement Officer Subject: Rolling Hills Water Treatment Plant - 84" Diameter Raw Water Line Repairs The 84" diameter pre -stressed concrete raw water line providing service to the Rolling Hills Water Treatment Plant that was installed in 1972 is leaking near a joint where a tapping saddle was previously installed. Excavation of the leak has determined that the pipe defect can not be easily repaired and will require the replacement of two 16-foot long joints. To complicate matters, to access one of the joints for replacement requires the removal of the existing medium voltage reinforced concrete duct bank, which provides electrical service to the ozonation system and blower building. The Water Department will either use existing task order contracts in place or execute emergency contracts to repair the existing raw water pipeline and to reroute electrical conductors out of the ductbank to provide power to critical treatment processes while the repairs are taking place. The portion of the ductbank that must be removed in order to perform the raw water pipeline repairs will be reinstalled upon completion of the raw water pipeline repair work, and electrical conductors will be re -installed within the ductbank system. It is imperative that these repairs be completed prior to the summer demand season. We anticipate one month to deliver the 84" replacement pipe to the jobsite, with the work needing to commence immediately following delivery of the pipe. It is estimated that the work will cost $600,000 to replace the pipes and $350,000 for the temporary relocation of the duct bank. William J. Schultz, Inc. dba Circle C Construction Company will be performing the pipe replacement and Winston Electric, Inc. dba Acme Electric Company will be performing the work to install the temporary electrical feeders and to replace the underground duct bank. Waiting to bid and award a contract to perform this work is not in the best interest of the health and safety of the City of Fort Worth. Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents and procurements necessary because of unforeseen damage to public machinery, equipment, or property. Fort Worth City Code Chapter 2, Article I, Section 2-9 provides additional emergency procurement authority. Upon approval of this memo, staff will issue the PO to the vendor and initiate the repairs next week. If you have any questions, please contact Chris Harder at 817-392-5020. APPROVED: Recommended: Approved as to form and Legality: Approve: Approve: If Z26-4, C rlstopher Harder(gar 12, 2026 07: 3:16 CDT) Chris Harder, P.E., Director, Water Department wac— Douglas Black (Mar 12, 2026 08:29:03 CDT) Douglas W. Black, Sr. Assistant City Attorney 1% ez? , Haven Wynne (Mar 12, 2026 08:31:38 CDT) Haven Wynne, Chief Procurement Officer '�9'c� Jesica McEachern, Assistant City Manager 03/13/2026 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Winston Electric, Inc. dba Acme Electric Company Subject of the Agreement: EMERGENCY AGREEMENT FOR ROLLING HILLS WATER TREATMENT PLANT — 84" DIAMETER RAW WATER LINE REPAIRS M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑✓ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑✓ No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 3/12/26 If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104513 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑✓ No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.