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CM-2024-178 - 6/28/2024
4883-2328-9034/ss2 AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND AAR INCORPORATED FOR DEMOLITION SERVICES THE STATE OF TEXAS § § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § This AGREEMENT FOR DEMOLITION SERVICES of the City’s building located at 2008 Enterprise Drive, Round Rock, Texas (referred to herein as the “Agreement”), is made and entered into on this the _____ day of the month of ____________, 2024 by and between the CITY OF ROUND ROCK, a Texas home-rule municipality, located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as “Owner” or “City”), and AAR INCORPORATED, located at 6640 Signat Drive, Houston, Texas 77041 (referred to herein as “Contractor”). That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: ARTICLE 1: THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Statement of Work (referred to herein as the “Work” as described in Exhibit “A”, the Fee Schedule (attached as Exhibit “B”), the City of Round Rock’s General, Special, and Technical Conditions (attached as Exhibit “C”), all said Exhibits attached hereto and incorporated herein by reference for all purposes, and any agreed Modifications issued after the execution of this Agreement. The Plans, Details and Notes related to the Work shall be obtained from the City and shall also be incorporated into this Agreement as if attached to this Agreement and repeated herein. All these documents collectively form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes any prior negotiations, representations or agreements, either written or oral. ARTICLE 2: THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 26th June CM-2024-178 2 ARTICLE 3: DATE OF COMMENCEMENT; DATE OF FINAL COMPLETION. 3.1 No later than ten (10) days following the Effective Date, the City shall provide Contractor with a Notice to Proceed. The Notice to Proceed shall provide for the Commencement Date of the Work. 3.2 Contractor shall achieve Final Completion of the Work no later than thirty (30) days from the Commencement Date of the Work. Final Completion is defined as the stage in the progress of the Work when, in Owner’s opinion, the entire Work has been completed, Contractor’s obligations under the Contract Documents have been fulfilled, and Owner is processing or has made final payment to Contractor, as evidenced by a Certificate of Acceptance approved by Owner. ARTICLE 4: CONTRACT SUM Owner shall pay Contractor an amount not-to-exceed Fifty-Eight Thousand Five Hundred and No/100 ($58,500.00) as set forth in Exhibit “B” for the performance of the Work set forth herein and, in the manner set forth herein. ARTICLE 5: PAYMENTS 5.1 Applications for Payment. Based upon Applications for payment submitted to Owner by Contractor, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below. 5.1.1 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.2 Provided that an Application for Payment is received and accepted by Owner not later than the tenth (10th) day of a month, Owner shall make payment to the Contractor not later than the tenth (10th) day of the next month. If an Application for payment is received by received by Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Owner receives and accepts the Application for Payment. 5.1.3 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Owner may require. This Schedule, unless objected to by the Owner, shall be used as a basis for reviewing Contractor’s Applications for Payment. 5.1.4 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 3 5.1.5 Except with Owner’s prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 Final Payment. 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when Contractor has fully performed the Contract except for Contractor’s responsibility to correct Work, and to satisfy other requirements, if any, which extend beyond final payment. 5.2.2 Owner’s final payment to Contractor shall be made no later than thirty (30) days after the Work is fully performed to the acceptance of the Owner. In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment and shall not be treated as warranty items. ARTICLE 6: INSURANCE 6.1. Insurance Companies. 6.1.1 All insurance required by the Contract Documents shall be obtained from surety or insurance companies that are duly licensed by the State of Texas and authorized to issue insurance policies for the limits and coverages required by the Contract Documents. 6.2 Workers’ Compensation Insurance Coverage. 6.2.1 Definitions: .1 Certificate of coverage (“certificate”) - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on the Project, for the duration of the Project. Contractor’s Certificate is attached hereto as Exhibit “D,” and incorporated herein by reference for all purposes. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor’s Work on the Project has been completed and accepted by the Owner. .3 Persons providing services on the Project (“subcontractor” herein) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. 4 This includes, by way of illustration and not of limitation, independent contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. “Services” does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.2.2 Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of Contractor providing services on the Project, for the duration of the Project. 6.2.3 Owner will not execute the Contract prior to Contractor providing all required certificates of coverage. 6.2.4 If the coverage period shown on Contractor’s current certificate of coverage ends during the duration of the Project, Contractor must, prior to the end of the coverage period, file a new certificate of coverage with Owner showing that coverage has been extended. 6.2.5 Contractor shall obtain the following from each person providing services on the Project, and provide to Owner: .1 A certificate of coverage, prior to that person beginning Work on the Project, so Owner will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 No later than seven (7) days after receipt by Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 6.2.6 Contractor shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. 6.2.7 Contractor shall notify Owner in writing by certified mail or personal delivery within ten (10) days after Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 6.2.8 Contractor shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 5 6.2.9 Contractor shall contractually require each person with whom it contracts to provide services on a Project to: .1 Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project. .2 Provide to Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project. .3 Provide Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. .4 Obtain from each other person with whom it contracts, and provide to Contractor: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. .5 Retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter. .6 Notify Owner in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. .7 Contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 6.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, Contractor is representing to Owner: a) that all employees of Contractor who will provide services on the Project will be covered by workers’ compensation coverage for the duration of the Project; 6 b) that the coverage will be based on proper reporting of classification codes and payroll amounts, and c) that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 6.2.11 Contractor’s failure to comply with any of these provisions is a breach of Contract by Contractor which entitles Owner to declare the Contract void if Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from Owner. 6.3 Contractor Insurance Requirements. 6.3.1 General Requirements: .1 Contractor shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by Owner in the care, custody and control of Contractor prior to and during construction and warranty period. .2 Contractor must complete and forward the required Certificates of Insurance to Owner before the Contract is executed as verification of coverage required below. Contractor shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by Owner. Approval of insurance by Owner shall not relieve or decrease the liability of Contractor hereunder and shall not be construed to be a limitation of liability on the part of Contractor. Contractor must also complete and forward the required Certificates of Insurance to Owner whenever a previously identified policy period has expired as verification of continuing coverage. .3 Contractor’s insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A- or better. .4 All endorsements naming Owner as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. .5 The “other” insurance clause shall not apply to Owner where Owner is an additional insured shown on any policy. It is intended that policies required in the 7 Contract, covering both Owner and Contractor, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 Owner shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 Owner reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as Contractor. .9 Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 Contractor shall provide Owner thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicated within the Contract. .12 If Owner-owned property is being transported or stored off-site by Contractor, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect Owner’s property. .13 The insurance coverage required under this contract are required minimums and are not intended to limit the responsibility or liability of Contractor. 6.3.2 Business Automobile Liability Insurance. .1 Contractor shall provide coverage for all owned, non-owned and hired vehicles. The policy shall contain the following endorsements in favor of Owner: 8 a) Waiver of Subrogation endorsement TE 2046A; b) 30-day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. .2 Contractor shall provide coverage in the following types and amounts: A minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability for each accident. 6.3.3 Workers’ Compensation and Employers’ Liability Insurance. .1 Contractor’s coverage shall be consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Section 401). Contractor shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner’s Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for Contractor. Workers’ Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to Owner. Contractor’s policy shall apply to the State of Texas and include these endorsements in favor of Owner: a) Waiver of Subrogation, form WC 420304; and b) 30-day Notice of Cancellation, form WC 420601. .2 The minimum policy limits for Employers’ Liability Insurance coverage shall be as follows: $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 6.3.4 Commercial General Liability Insurance. .1 Contractor’s policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage. d) Independent Contractors coverage. 9 e) Aggregate limits of insurance per project, endorsement CG 2503. f) Owner listed as an additional insured, endorsement CG 2010. g) Thirty (30) day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. .2 Contractor’s Policy shall provide coverages a) and b) with minimum limits as follows: A combined bodily injury and property damage limit of $500,000 per occurrence. ARTICLE 7: TERMINATION AND SUSPENSION 7.1 Owner has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days’ written notice to Contractor. 7.2 In the event of any default Contractor, Owner has the right to terminate this Agreement for cause, upon ten (10) days’ written notice to Contractor. 7.3 Contractor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by Owner, or by mutual agreement to terminate evidenced in writing by and between the parties. 7.4 In the event Owner terminates pursuant to 7.1 or 7.2 above, the following shall apply: Upon Owner’s delivery of the referenced notice to Contractor, Contractor shall discontinue all Work in connection with the performance of this Agreement and shall proceed to cancel promptly all Work insofar as such Work is chargeable to this Agreement. Within thirty (30) days after such notice of termination, Contractor shall submit a statement showing in detail the Work satisfactorily performed under this Agreement to the date of termination. Owner shall then pay Contractor that portion of the charges, if undisputed. The parties agree that Contractor is not entitled to compensation for Work it would have performed under the remaining term of the Agreement except as provided herein. ARTICLE 8: CONTRACTOR’S REPRESENTATIVE 8.1 Contractor’s representative is: Dwain Bankston AAR Incorporated 6640 Signat Drive Houston, Texas 77041 10 8.3 Neither Owner’s representative nor Contractor’s representative shall be changed without ten (10) days’ written notice to the other party ARTICLE 9: NON-APPROPRIATION AND FISCAL FUNDING 9.1 This Agreement is a commitment of Owner’s current revenues only. It is understood and agreed that Owner shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by Owner’s budget for the fiscal year in question. Owner may affect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. ARTICLE 10: TAXES 10.1 Owner is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Owner’s charges. ARTICLE 11: RIGHT TO ASSURANCE 11.1 Whenever either party to this Agreement, in good faith, has reason to question the other party’s intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. ARTICLE 12: INDEMNIFICATION 12.1 Contractor shall defend (at the option of Owner), indemnify, and hold Owner, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney’s fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of the Contractor, or Contractor’s agents, employees or subcontractors, in the performance of Contractor’s obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of Owner or Contractor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. ARTICLE 13: COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES 13.1 Contractor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. 11 13.2 In accordance with Chapter 2271, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. The signatory executing this Agreement on behalf of Contractor verifies that Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. 13.3 In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying 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 signatory executing this Agreement on behalf of Contractor verifies Contractor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. 13.4 In accordance with Chapter 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. The signatory executing this Agreement on behalf of Contractor verifies Contractor does not boycott energy companies, and it will not boycott energy companies during the term of this Agreement. ARTICLE 14: ASSIGNMENT AND DELEGATION 14.1 The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. ARTICLE 15: NOTICES 15.1 All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient’s address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated in this Agreement. 12 Notice to Contractor: AAR Incorporated 6640 Signat Drive Houston, Texas 77041 Notice to Owner: Laurie Hadley, City Manager Stephanie L. Sandre, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of Owner and Contractor. ARTICLE 16: APPLICABLE LAW; ENFORCEMENT AND VENUE 16.1 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. ARTICLE 17: DISPUTE RESOLUTION 17.1 Owner and Contractor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement, or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. ARTICLE 18: SEVERABILITY 18.1 The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 19: MISCELLANEOUS PROVISIONS 19.1 Standard of Care. Contractor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and 13 that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. 19.2 Time is of the Essence. Contractor understands and agrees that time is of the essence and that any failure of Contractor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Contractor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to Owner due to Contractor’s failure to perform in these circumstances, Owner may pursue any remedy available without waiver of any of Owner’s additional legal rights or remedies. 19.3 Force Majeure. Neither Owner nor Contractor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 19.4 Interpretation. Although this Agreement, is drawn by Owner, both parties hereto expressly agree and assert that, in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for not against either party. 19.5 Venue. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms and conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and in accordance with the laws and court decisions of the State of Texas. 19.6 Dispute Resolution. Both parties hereby expressly agree that no claims or disputes between parties arising out of or relating to this Agreement, or a breach thereof shall be decided by an arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 19.7 Successors and Assigns. The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. 19.8 Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. 19.9 Execution. This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies, of which one is to be delivered to the Contractor and the other to the Owner. 14 IN WITNESS WHEREOF, Owner and Contractor have executed this Agreement on the dates indicated. City of Round Rock, Texas AAR Incorporated By: _____________________________ By: _______________________________ Printed Name: ____________________ Printed Name: ______________________ Title: ___________________________ Title: _____________________________ Date Signed: _____________________ Date Signed: ________________________ Attest: By: _____________________________ Meagan Spinks, City Clerk For City, Approved as to Form: By: _____________________________ Stephanie L. Sandre, City Attorney Dwain Bankston (Jun 24, 2024 14:31 ADT) Vp Dwain Bankston 06/24/2024 City Manager Laurie Hadley 06/26/2024 15 Exhibit “A” Statement of Work 16 Exhibit “B” Fee Schedule (Including Bid Form, Bid Bond, and Statement of Bidder’s Safety Experience) BID FORM PROJECT NAME: Old Public Works Building Demolition PROJECT LOCATION: 2008 Enterprise Drive, Round Rock,Texas OWNER: City of Round Rock,Texas DATE: Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the demolition of the Old Public Works Building and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices, to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at https://roundrocktexas.bonfirehub.com by the close of business on May 30, 2024 . Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum 1 Dated 5/22/2024 Addendum 2 Dated 5/29/2024 BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount Demolish 13,800 sq.ft. concrete tilt up building, (Includes asbestos mateirol removal and disposal per 1 1 LS the attached scope.) $ 40,900.00 $ 40,900.00 Demolish and dispose 400' sq.ft. $ 800.00 $ 800.00 2 1 LS framed shed Demolish and dispose of 1S0'tall 16,800.00 16,800.00 3 1 LS antenna tower&guy wire posts. $ $ 00300-9-2015 Page 1 of 1 Bid Form TOTAL BASE BID (Items 1 thru 3 ) $ 58,500.00 _ Materials: $ 800.00 All Other Charges: $ 57,700.00 * Total: $ 58,500.00 A Payment and Perfomance Bond will not required for this project. * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, 6640 Signat Dr Si Bryan Wierwille Houston, Texas 77041 Print Name Address Project Manager 713-466-6800 Title Telephone AAR INCORPORATED Name of Firm June 4, 2024 Date Secreta4iBidder is a Corporation 00200-9-2015 Page 1 of 1 Bid Form ZAX14419 BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS. COUNTY OF WILLIAMSON § That AAR, Incorporated of the City of Houston _ _County of Harris State of Texas as Principal, and Arch Insurance Company _ authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS("O%vner"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below; for the payment whereof, well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, as follows: In no case shall the liability of the Surety hereunder exceed the sum of Five Percent of the Total Bid Bond AmountDoflars (S 50A �. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of Demolition and Asbestos Roofin of 2008 Enter rise, Round Rock TX for which Bids are to be opened at the office of Owner on the 4th day of June ,2o24 . NOW,THEREFORE, if the Principal is awarded the Contract,and within the time and manner required under the"Instructions to Bidders,"after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents, in accordance with the Bid, and tiles the two (2) bonds with the Owner, one to guarantee faithful perfonnance and the other to guarantee payment for labor and materials,then this obligation shall be null and void;otherwise, it shall be and remain in full force and effect. If; however, Principal fails to enter into a written Agreement with the Owner in accordance with the Bid or Principal and Surety fail to timely deliver to Owner the perfonnancc and payment bonds required by the Bid Documents, Surety within five (5)business days after receipt of a written demand from Owner shall pay to Owner the full penal sum of this Bid Bond,subject to the limitation described herein. In the event that suit is brought upon this Bond by the Owner and judgment is recovered, said Surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the 3rd day of the month of June 2024 . AAR, Incoporated Arch qtjretVInsurance Principal Surety Randall R Richardson Peter Ta Printed Name Printed N�Ltre— By: ��.rz7 By: Title: President Title=pg�gy-in-F�ih Address: 6640 Signat Drive Address: 67 Main Street Houston,Texas 77041 Cortland NY 13045 00200 4-2020 rage l Bid Bond 00443639 Rlesiden, Arent of Surety: Signature Peter Tam Printed Name 67 Main Street Street Address Cortland, NY 13045 City. State, Zip I Page 2 00200 4-20210 Hid Bond 0044 16iR NEW YORK STATE NOTARY ACKNOWLEDGMENT THE STATE OF NEW YORK COUNTY OF CORTLAND On the 6/3/2024 before me, the undersigned, personally appeared Peter Tam personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names)is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. L Notary Public Signature Print: Sarah E. West Title or Office: Notary My commission expires: August 3, 2026 Sarah E.West I,uy Public, State of Now York No 01 WE6011309 (iu, lilac i in cortiand county nu fi5swn Expires Aug 3, 201X (Seal) DPage t of 1 I ZAX14419 I.IINII HA) 11ON'1''It OF Al 1'01%\1-:Y Kum, \II 1h n[IN I lu,e I're,cnl,: 111'1 \\IS hntirume 1 nnlpan\ do Ilhrlor,plolIcrh,md%a,u,IIlt ,"nq!.ul%•(111c'("nyaul\ I Jnr,hereh•..ylNmif ` 1leler lam and IIII,id III Inr Iluc.,u,l 1&,r lit[ \11,ii.\I,I In 111 to iuAe c\culla u,d:md dclnci tin will on it,b:h,dl.v ,ulcn,hMmd•;.md mulcu,lhlnc�, ,11th da,.wnmul,lig 111- diel i,�Il,w•�h c\1—Ic1I h%Ih,(III,gldu%on II,'m I lit I,dl I he(ontpam uqn rntokc Ihl,,ippoulhnrnl,11.111%lune I \, 1 P I I(I\ \l) \l I Ill)RI I 1 1,rl.mlcd In MAC c\c,IIIc ICA end dell,er 1`"1111,or undcrluklB!"111M rn,mmlcc the lmmcnl or cnllcOlorl of IIIc pnnnl,•„r\ 11o1r 1!c,I, IIIII II ,I I,ucI III, c,llt In,P„Nci of Anom,-t I,,I,:kCkl.-.c:IIeJ mJ LCI(it lcJ undcl au,l by the ,0duu011,mloplc•d h� un.luunon,,onudn enm,ul of IIIc Iln.ud d I)IF-['IfI qIt I1`1: l,anp mt on Jcptlrlh'l '7, 'll,; RI`,()1 \I IN Ih,II Ill inl111e,l]l111 l%IIII IIIc \t'R,III,III, .Im Isle 111[lie(111e11 Net till%c()Ih,.,a hle'ddclll,.In\ I\CC nll%k Vl,e Pre,ldcor• 1111) lelIfol \III[ ILI(,nlcnl of the I ontp.m% nl.m% \I.c I'li,ulenl Stlmt 1e.I,11 do •1udl,nlred()Ililcr I nclum 11111!.11.,hall h,I%c the po,%cr,Ind•nuhont\ W dppolul dud le\"kl' \Ihnuc 1,-In- d,i and W.d I,I%,cu,h Viol it,t;-In-I n,I Io lilrlhcr dcic R.ne Ihnr pot%er And aWI1onk 1111 III WIL'Nnnul o .ceulenl, 1" 'I'Ac cvc,ule ,c.II,md dcll%cr ha and on b0mll of IIle l ornp,im I,,welt fond, uul Inuienaklnr, Iuch dUelllllCnh In h, Ulld a,111W101 cvc,uled h%the (omp'lm on d>r%,n I'eh.11l .InJ RI QUI V'l-11 I I k III R III It e.lch of the en,h of till Aulhonued I)III,er••and.til}Se,rcldrV or A•„I,ww lcuclen of the 1„mpdm,hcrch} It Jell;%,Ing'k :uuhon�.d cnq,n„elyd.Ind ducctcd Io perlorm,mli ncl,aml Thur,'•, 11 111.1%be nece„ary or approprimc to Jany till[the lmc:'out;rc,nluh,nl and the u.ut,..Ilou,o tinmg,l,ncd Ihereh\ In N ilnr%.N hrreor, \\IS In,m m,c%omp.mti 1`:I,ceII,cll 1111,1lr,,nunenl a1 ha,Igncd end lk unptitale,cal to he alli\cd b)a dull cicelcd and.1u.dllicd olh,er Oil, }Ill'LIN of VmJI '_0`1 \\IS In,ul I Rt (Beall I limited\tune Andre%,\1 Nel„crt I Ile Sema\Act Prr,ldeul SI \IF (1F GLORGIIII (UI \11 1l 1 111\ Ilclore n1c IM-fi dIh ,m1. Andrea \1 N'risserl,Semor flee I'rcslderlt of A\IS liwir 11ICl'Cbmp,ul\,to mr kno%\n In be the mekidiml.1nd olhccr dr,cnhcd herein \%ho I.Anoalcdecd Ill.'Ihe\ hcnl,dul, dnthonicd ,lened scaled still IIIc corpontc+eal and dclncrcd Ills fores.oute iminmlenl h\the dulhunh and ducdwrl of said r �r1ll•.:I 1, �rRt7*� GRLI47} IA I I S I I\tr lV N 1 III RI Iat lk I he herruntrl.,cl m\baud and aged ntV 1111`10,11,ca l l � >f�}/. fit C*C- (1 14 111-1( \III)\ rk#! I !_ranr_ee It.Mathis \•-i❑,t IN, ILI I) "I A'i IS In,nrdnce l ompauv do IICrCII% Lernl\111111 the.1ILl,hid hmcr"I Allonle%Baled IIle\th d I\ al\1 I'll `(121 vo h,h,dl of Ihd p,r,rnli,l.I•II.I,d III-, I, I Ins.oll Lorre,f L"p\ 'till the,,1111e ha,hLCII In lull II,rC,'.nld cllc,l,wc,the JAIL Ihercal dmf 11 til lull Ione,1181 cit'[nn the d do of tlII „rollew and 1 d"1111111,I „1111% Thal the,110 \ndrea �I.N ris'Wrl•,%ho e\eulted the I'o„cl of Worm\ ad,a'til%.Ie,ted Sin1o1 \Ice I'rc,ulcul"I t VIS In,w.Inu•(ontp,un"n III,It it,III the cvc,tin,>n of the III I,hed Pmw .I,Vtonlcv I\ f I S I I\1r 141'N I II Ii ()I II/l.nr/IlLr,unbl�.,t nn II and and 1111\11[11`, unlundle Lod of \\IS In,uuul,c l molmin un Ihi,IIIc 3rd I I\,II June 1024 I1` Z `fj� IS,.III 'I U11,d`,nnc I I'm— 1( \I 1111, I ill: 1.-1,1 ntl\i,r,l u 17 Exhibit “C” General Conditions, Special Conditions, and Technical Conditions 1.37 Subcontractor-An individual, firm, or corporation having a direct contract with the CONTRACTOR for the performance of a part of the Work. 1.38 Sub-subcontractor-A person or entity who has a direct or indirect contract with a Subcontractor or a Sub- subcontractor of any tier to perform a portion of the Work. 1.39 Superintendent - The representative of the CONTRACTOR authorized in writing to receive and fulfill instructions from Owner's Representative, and who shall supervise and direct construction of the Work. 1.40 Supplemental General Conditions-The part of the Contract Documents which either amends or supplements the General Conditions. All General Conditions which are not so amended or so supplemented shall be considered as remaining in full force and effect. 1.41 Supplier-An individual or entity having a direct contract with the CONTRACTOR or with any Subcontractor or Sub-subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. 1.42 Time Extension Request-An approved request for time extension on a form acceptable to the OWNER. 1.43 Work - The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. 1.44 Working Day - Any day of the week, not including Saturdays, Sundays, or Legal Holidays, in which conditions not under the CONTRACTOR's control will permit work for at least seven(7)hours of the Working Times. Upon authorization by the Owner's Representative, work on Saturdays, Sundays and/or Legal Holidays may be allowed and, in that event, a Working Day will be counted for each such day. 1.45 Working Times — Times of day(s) during which work may be performed. Unless authorized by Owner's Representative, all Work shall be performed between 7:00 a.m. and 6:00 p.m. on weekdays and, if previously authorized as provided for in paragraph 1.44 or paragraph 1.6 herein, as applicable, between 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or Legal Holidays. When the CONTRACTOR has been authorized to perform Work during hours outside Working Times, such hours shall be considered time worked on Working Day contracts. Notwithstanding the preceding, emergency work may be done without prior permission only as provided in paragraph 6.11.5 herein. 1.46 Written Notice-Written communication between the OWNER and the CONTRACTOR. Written Notice shall be deemed to have been duly served if delivered in person to Owner's Representative or to the CONTRACTOR's duly authorized representative, or if such Written Notice is delivered to or sent by registered or certified mail to the attention of Owner's Representative or to the CONTRACTOR's duly authorized representative at the last business address known to the party giving notice. i+ ARTICLE 2 -PRELIMINARY MATTERS i 2.1 Delivery of Agreement, Bonds, Insurance, and Other Documentation: Within ten (10)Calendar Days after written notification of award of Contract,the CONTRACTOR shall deliver to the OWNER signed Agreement, Bond(s), Insurance Certificate(s) and other documentation required for execution of the Contract. 2.2 Copies of Documents: The OWNER shall furnish to the CONTRACTOR two (2) copies of the Contract Documents unless otherwise specified. 00700 04-2020 Page 5 General Conditions 18 Exhibit “D” Certificate of Insurance PROFESSIONAL LIABILITY CLAIMS MADE FORM 11 CAB 92491 00 06/12/2024 3/1/24 RE: DEMOLITION OF OLD PUBLIC WORKS BLDG 2008 ENTERPRISE DR ROUND ROCK, TEXAS CERTIFICATE HOLDER AND ANY OTHER ENTITY REQUIRED ARE INCLUDED AS ADDITIONAL INSURED (EXCEPT WORKERS COMP), IF REQUIRED BY WRITTEN CONTRACT, PER POLICY BLANKET ENDORSEMENTS. BLANKET WAIVER OF SUBROGATION APPLIES TO CERTIFICATE HOLDER AND ANY OTHER ENTITY, IF REQUIRED BY WRITTEN CONTRACT, PER BLANKET POLICY ENDORSEMENTS. 3/1/25 THE WYATT AGENCY 1300 11TH STREET SUITE 305-E HUNTSVILLE, TX 77340 EPK-146956 3/1/24 3/1/25 $1,000,000 OCCURRENCE $2,000,000 AGGREGATE A C EFX-124766 12 EMX 05243 10 3/1/24 3/1/24 3/1/25 3/1/25 AAR, INC. 6640 SIGNAT HOUSTON, TX 77041 EPK-146956 3/1/24 3/1/25 0001265328 3/1/24 3/1/25 OCC/AGG 1,000,000 2,000,000 1,000,000 1,000,000 1,000,000 5,000,000 5,000,000 5,000,000 2,000,000 1,000,000 5,000 100,000 1,000,000 XX X X X X X X X CITY OF ROUND ROCK BUILDING CONSTRUCTION/GENERAL SERVICES 212 COMMERCE BLVD ROUND ROCK, TEXAS 78664 ASBESTOS/LEAD/MOLD POLLUTION LIABILITY X B A A D X X X Y ARCH SPECIALTY INSURANCE COMPANY TEXAS MUTUAL INS. CO. ARCH INS. CO. CRUM & FORSTER SPECIALTY INSURANCE CO.44520 29203 22945 21199 100343 936-291-3074 936-291-1217 ARGO1@SBCGLOBAL.NET SHAWN WYATT X X XX X X X CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER INSURED CONTACTNAME PHONE(A/C, No, Ext):FAX(A/C, No): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDLINSD POLICY NUMBERSUBRWVD (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)POLICY EXP LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) EACH OCCURRENCE AGGREGATE PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN’L AGGREGATE LIMIT APPLIES PER: LOCPOLICYPRO-JECT ANY AUTO AUTOMOBILE LIABILITY OWNED SCHEDULED HIRED NON-OWNED EXCESS LIAB OCCUR CLAIMS-MADE DED RETENTION $ WORKERS COMPENSATION UMBRELLA LIAB Y / N N / A AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. AUTOS ONLY AUTOS AUTOS ONLY OTHER: AUTOS ONLY