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HomeMy WebLinkAbout065044 - Construction-Related - Contract - Winston Electric, Inc. dba Acme Electric CompanyCSC No. 65044 _1 Agreement Page 1 of 5 SECTION 00 52 43 EMERGENCY AGREEMENT FOR BIOSOLIDS DEWATERING BULDING 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: Replacement of the electrical infrastructure for the dewatering equipment at the biosolids dewatering building. 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 One Million, Eight Hundred Thirty -Eight Thousand Dollars ($1,838,000.00). This figuremay 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 OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH FT. WORTH, TX EMERGENCY AGREEMENT (1.21.26) — Biosolids Dewatering Building Repairs 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 parry 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) — Biosolids Dewatering Building 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) — Biosolids Dewatering Building 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) — Biosolids Dewatering Building 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%�97`'�i��. By: Name: Rob Keith Title: Service Manager Date: 4/16/2026 Address: _5000 Martin St Fort Worth, TX 76119 APPROVAL RECOMMENDED Christopher {+ardor Christopher Harder (A r 16, 2026 14:57:24 CDT) Christopher Harder, P.E. Director, Water Department City of Fort Worth By: -CPL� Jesica McEachern Assistant City Manager Date: 04/16/2026 anp Attest: fr FORT -.1 F. % C� a°°a`'°Sa Jannette S. Goodall, City Secretary (Seal) Approved as to Form and Legality: Douglas Black (Apr 16, 2026 15:11:33 CDT) Douglas W. Black Senior Assistant City Attorney M&C N/A - (Attached 04/11/26 Emergency Memo) Date N/A (Attached 04/11/26 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. TonfSholola, P.E Assistant Director, Water Department CITY OF FORT WORTH EMERGENCY AGREEMENT (1.21.26) — Biosolids Dewatering Building Repairs OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH MEMORANDUM Date; April 11, 2026 To: Jesica McEachern, Assistant City Manager From: Chris Harder, P.E. Water Director Via: Doug Black, Senior Assistant City Attorney Haven Wynne, Chief Procurement Officer Subject: Biosolids Dewatering Building Repairs On March 10, 2026 lightning struck a pole light adjacent to the biosolids dewatering building... The electricity from the strike traveled into the electrical room, resulting in a fire that damaged the electrical equipment beyond repair. Additional damage occurred to the laboratory area, the bathrooms, and the records and storage areas, The biosolids dewatering building houses the biosolids belt filter presses, the key backup to the biosolids dryer for processing biosolids for eventual landfill disposal or beneficial land application. The dewatering equipment is currently out of service and will remain so until the electrical infrastructure damaged by the lightning strike and resulting fire is replaced. City staff have met with Winston Electric, Inc., dba Acme Electric Company (Acme) who has put together a price proposal to repair and replace the damage. Acme plans to self -perform the electrical work and will engage the following sub -contractors for the remaining work; • Archer Western - rehabilitation of the laboratory, bathrooms, and records storage areas • Andritz — replacement of belt filter press control panels • Prime Controls — replacement of PLC and integration of instrumentation with SCADA system • Texas Air — HVAC repairs The replacement work needs to be completed as quickly as possible. Upon approval of this emergency memo, staff will route an emergency contract with Acme and issue a notice to proceed to commence the repair/replacement work. It is estimated that the work will cost approximately $1,838,000, 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 execute the contract, issue the PO to the vendor and initiate the repairs. A ratification and capital appropriation M&C will be submitted for City Council approval following completion and final reconciliation of the repair contract. If you have any questions, please contact Chris Harder at S 17-392-5020. APPROVED: Recommended: Approved as to form and Legality: Approve: Approve: chrisfopke'r Rorder Christopher Harder (Apt 13, 2026 06:55.57 CDT) Chris order, P.E., Director, Water Department Douglas Black (Apr 13, 2026 11:25:23 CDT) Douglas W . ]Mack, Sr. Assistant City Attorney *� Haven Wynne (Apr 14, 2026 09:00:57 CDT) Haven W�nne, Chief Procurement Officer Jesica Mc Faehern, Assistant City Manager 04/14/2026 ILI 5000 Martin St ACME ELL(=:tRlc_ Ft Werth, TX 76119 Company 4I7J2026 City of Fort Worth Attn. Tim Allen 100 Fort Worth Trail Fort Worth, TX 76102 "REVISION 1" SU131ECT: Village Creek— Dewatering Facility Building Repairs ELECTRICAL SERVICE PROPOSAL: 013172026E We are pleased to submit pricing for the following scope of work to address the recent fire damage. Scope of Work: +� Provide labor, materials, & equipment to demolish Dewatering office ceiling, cabinets, CMU partition walls, restroom, air -handler & ductwork, tile, CMU wall for new door, MCC, control cabinets, MCC - underground feeders from Dryer Building, MCC - existing underground feeders from utility transformer, existing branch circuit wiring, existing control wiring. • Provide labor, materials, &. equipment to provide the following Dewatering Building repairs: 1. Power wash & clean inside walls & ceiling.. 2. Paint walls. 3. Seal concrete floor. 4. Install new double door. 5. Block in Existing Door (CMU) 6. Provide new 3-ton air -handler wj 10kW electric heat. 7. Provide New HVAC supply & return plenums, ductwork, and air grilles. 8. Provide new digital thermostat. 0. Provide new refrigerant & condensate piping. 10. Provide Yd party testing service to test the 800A breaker (to be reutilized) in the Dryer Building that feeds the existing MCC. 11. Provide New 800A underground copper feeders in existing conduits from Dryer Building to new 800A distribution board. 12. Provide new 480/277V 800A 65kAIC 2-section 84 circuit MCB distribution board including all associated branch breakers identified in existing MCC one line diagram and 1- 3P 100A spare breaker. 13. Provide new type 1 480/277 transient voltage surge suppressor. ACME Electric Company r 5000 Martin Street, Fort worth, TX 76119 Website: www.acmeelectriccompany.com TECL# 17141 Regulated by the Texas Department of Licensing and Regulation P.O. Box 12157, Austin, TX 78711 800-803-9202 j 512-463-6599 Website: www.td'Ir.texas.gov/complaints 5000 Martin St Ai=M� I i i 14'9i Ft Worth, TIC 76119 ccni�a.y Scope of Work: (Continued) 14. Provide new 30KVA 480-208/120 NFMA 1 transformer. 15. Provide new 301(VA flex primary & secondary connections. 16. Provide new 30KVA transformer grounding. 17. Provide new 208/120V 100A 22kAIC MCB 42 circuit panelboard and all associated branch breakers identified in the panel schedule. 18. Provide new type 1 208/120 transient voltage surge suppressor. 19. Provide labor and materials to intercept and extend existing electrical conduits to new electrical gear in control room. 20. Provide new 480/277 volt branch circuitry in existing conduits to all utilization equipment in the MCC one -line diagram. 21. Provide new 240/120 volt branch circuitry in existing conduits to all utilization equipment in the panel schedule. 22. Provide and install cable in existing underground conduit from Dryer Building for SCADA system integration. 23. Provide new network enclosure w/ network switch and protocol converter. 24. Provide converter configuration and database building to establish communication between new Andritz equipment and existing plant PLC. 25. Provide 4 new belt press SCADA PLC BFP control cabinets w/ color touchscreen operator interface control/monitoring, associated branch circuitry and control wiring are also included. 26. Provide 1 common equipment panel which includes motor starters for 2 air compressors, 3 sludge grinders, and discharge conveyor. 27. Provide 4 liquid polymer skid mounted blending systems, said equipment shall be tied into the BFP control system for dosing. 28. Provide new 4/0 ground loop around perimeter of building, including 2 new test wells, 1 new 4"x12" interior building ground bar, bonding from building structure to ground bar, and associated concrete removal & replacement. ACME Electric Company 5000 Martin Street, Fort worth, TX 76119 Website: www.acmeelectriccompany.com TELL# 17141 Regulated by the Texas Department of 'Licensing and Regulation P.Q. Box 12157, Austin, TX 78711 800-803-9202 l 512-463-6599 Website, www.tdlr.texas.00vfcomolaints CV 5000 Martin 5t ACME FI F{_:TI Ft Worth, TX 76119 Grijxv'y Pricing: ACME Electrical/Controls: Archer Western - Room Rehab: Texas Air Systems - HVAC: $ 667,000 $ 310,000 Andritz - Control Cabinets: $ 626,000 PRIME Controls -'PLC, Terms, Integration: $ 152,000 Bonded - Ground Loon & Concrete R&R: TOTAL: Qualifications/Exclusions: 55,000 $1,838,000 1. Work shall be performed Monday -Friday 7:OOAM-3:30PM, excluding holidays. 2. All raceways are assumed to be intact and free from obstructions. 3. Design and engineering fees are included. 4. Lighting control by switch es/co ntactor only. 5. Exhaust fans are breaker controlled only. 6. Existing utilization equipment testing is excluded, if applicable. 7. Sales tax is excluded (Tax Exempt Entity). 8. Pricing is valid for 15 days. We appreciate the opportunity to be of service to you, please feel free to call or email if you have any questions. Sincerely, �i Rob Keith Service Manager (817) 901-5942 Cell Accepted: (817) 654-1618 Office rkeithCcDacmeelect.com Date: ACME Electric Company 5000 Martin Street, Fort Worth, TX 76119 Website: www.acmeelectriccompany.com TELL# 17141 Regulated by the Texas Department of Licensing and Regulation P.O. Box 12157, Austin, TX 78711 800-803-9202 / 512-463-6599 Website: www.tdlr.texas.gov/complaints , 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. 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 BIOSOLIDS DEWATERING BULDING REPAIRS M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes 0 No ❑ If only specific information is Confidential, please list what information is Confidential and the page it is located. Pages 11 and 12 Effective Date: N/A If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 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.