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R-13-10-24-G3 - 10/24/2013RESOLUTION NO. R -13-10-24-G3 WHEREAS, the City of Round Rock has duly advertised for bids for the 105 East Liberty Street Parking Lot Project, and WHEREAS, AgH2O Holdings, L.L.C. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of AgH2O Holdings, L.L.C., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with AgH2O Holdings, L.L.C. for the 105 East Liberty Street Parking Lot Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of October, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: ceqw# /Abff SARA L. WHITE, City Clerk 0112.1304; 00284572 'ROUND ROCK, TEXAS PURPOSE A ON PROSPERITY City of Round Rock Agenda Item Summary Agenda Number: G.3 Title: Consider a resolution authorizing the Mayor to execute a contract with AgH2O Holdings, LLC for the 105 East Liberty Street Parking Lot Project. Type: Resolution Governing Body: City Council Agenda Date: 10/24/2013 Dept Director: Gary Hudder, Transportation Director Cost: $483,645.75 Indexes: General Self -Financed Construction Attachments: Resolution, Bid Tab, Award Letter, 105 E Liberty Parking Lot Map Text of Legislative File 13-835 The 105 East Liberty Street Parking lot project is located at the corner of Liberty Street and Lampasas Street that constructs 54 new parking spaces from the existing 22 space parking lot. These improvements will include an increased parking area along with new lighting and landscaped areas internal to the parking area along with perimeter. Five bids were received on October 2, 2013 they are as follows- (1) AGH2O Holdings,LLC - $483,645.75, (2) Smith Contracting Co. - $528,644.65, (3) Patin Construction Co. - 573,395.00, (4) Austin Engineering, Inc. - $593,355.50, (5) Westar Construction, Inc. - 630,235.00. AGH2O Holdings was the low bidder. Cost: $483,645.75 Source of Fund: General Self -Financed Construction Staff recommends approval. City of Round Rock Page 1 Printed on 10/18/2013 East Liberty Parkinz Lot ;em t COST O00000O — 71-7 69 r M ni6 , N 6r9 69 $7,500.00 $1,100.00 $500.00 0 v1 69 O 69 0 00. $134,200.00 I $12,20.00 O CO" N 69 $10,500.00 I $23,230.00 O 0 OSN 0' 0, 0 69 N 669 OOO 0 01 E9 n o 69 V0 E9 69 0 cit ER d 0 lyes yes UNIT PRICE 8 V A O'51$ ()US$ O EA 00'0SZ$ 00'05S$ $1,500.00 $5.00 88 69 8 6699 69 8 6699 $12.0 $23.00 O'0O'ZZ$ 00'0Ii$ 8gi8 N 69 69'0 ER 8 b 69 Austin Engineering, Inc. 3317 RR 620 N., 78734-2349 Austin Keller 512-327-1464 AKELLER@AECOLNET COST 0 _hM000 1 69 p 0 0 0 v, 0 06 69 N 69 Vf OOO p00 06 69 69 p 0 0O N 0 —7 c600 69 N 69 O oo oo N EA $19,520.00 1 88 r V0. 00 69 p p O 00 0NC7N 49 .-. N 69 O 00 V EA 69 ER 8 M 00'OSS$ 00'OSL` 1$ CO C O .-. R 69 yes yes 01 61 T T L T UNIT PRICE 8 a 8 8 06 06 69 69 pQ8 O 00 69 pQ8 88 O 09 N 69 69 88 8 N 68 EA M 8 '4 a 8 - 8 a $12.0 $18.0 $25.00 $14,50.0 8 00 8 8 64 61 ER 08 O 69 COST 8 N N 64 8 8p O+ 0 N 69 00'005$ 88 O 0 .-. V3 EA 0 0 CCO O 00 oC 69 e O 00 00 69 $48,800.00 1 0 M'0 O 68 $7,000.00 $12,120.0 $900.00 $25,00.00 8 69 O'OOt'$ 0'05$ 0' 69 EE T T yes yes d T UNIT PRICE 8 WI 69 8 8 69 609 00'005$ 8 O 61 SM 69 E9 O O 00 69 8.91 4� 8 68 88 69 00'0O'5Z$ 00'OI $ O'Z1$ 00'8$ 888 69 Et., 69 8 S 669 01 V cei � 88p 06r 0 O 6N9 8 © 69 $1,136.00 $700.00 8 8 6, O ^, 69 69 $26,400.00 $102,870.40 $12,200.00 8pp8 n 669 88 O8 0 O 00 0 r.ER !9 00 888 0 69 r VI 69 69 $1,300.00 d d T T yes yes w :-. T UNIT PRICE I $31.42 2.8 A 888 o 6469 v00oi 49 69 8 8 0' 44 E9 8,1'.8 6N~9 00 48 8 6N�9 $8.00 $17.0 $50.00 $32,000.00 888 6669 68 V1 6R 8 ID 69 COST C p N 04 69 p p 0 O O\ N _ E9 00 69 p E9 $110.00 $220.00 pp ' 0 E9 M 69 $20,130.00 $112,240.00 $3.294.00 N V Os 45. 69 $10,50.0 $16,614.50 $225.0 $21,955.0 p pN M 69 $550.00 $384.0 p 06 h E9 I yes yes yes yes• UNIT PRICE $24.00 $4.00 $35.00 8 Vf $55.00 $110.00 oc 88 r, 8 6�9 69 in —8 M 6�9 00 d9969 N 64 $12.0 $16.45 $25.00 $21,955.00 8 N $2.20 $384.00 $329.00 PROJECT: 105 E. Liberty Existing Parking Lot Improvements LOCATION: Public Works (Rid Opening), Round Rock, Texas DATE: October 2, 2013 Bid Bond Acknowledgement of Addendum 1 Acknowledgement of Addendum 2 Safety Certification OSHA Form 300 attached to Safety Cert a a Q V V Fi ,- N N .- O V N d N N V ao O m O N N F Y U Y J N J Q Q W W J LL y Y Y Y N N fn W y W J J W N Q W J Q W Q W ITEM DESCRIPTION = L v u D acm n0[o U Disposal, complete in place per lineal foot, Lem IL01.1renI„111ypill le„l IVOay>, dumpster pad & bollards, and disposal, complete in place per square yard, nemove existing trees Inore pians only snow trees B” and larger to be removed) Remove and dispose dead power poles Relocate existing signs, complete in place. 1.11,11 !ety roan 0110 I FPIiwI odlety 1011 depths), complete in place. Concrete aioewains to a man i nicaness, including removal of existing sidewalk; nspna ,UI FoY11111U1 inches, Type D, complete in place per square yard, 6" Asphalt -Stabilized Base, complete in place. 'buograoe preparation: gracing, prootroning, ana compaction 6" depth ury °tack nerainmg vvan per race square root, complete in place. P.C. Concrete Driveway, complete in place. P.C. Concrete Curb & Gutter, complete in place. P.C. Concrete Retainer Curb, complete in place. uumpsrer ran a tncrosure inciumng screeneo swing gates, complete in place liner rarer rroreaion pncmoes area inlets, curd inlets, and trench drains), complete in place. Silt Fence, complete in place. ,Traffic Signs (24" Stop), complete in place. 9 9 3 n _ i I, S to S in x N M O V1 tD n CO Q1 ,.y .-1 ti .a -I N '�-I f -I 00 O1 0 Bid Tabulation - 105 E. Liberty Parking Lot COST I S vl M 69 888 SSp N 44 ,0 v M v) 00 49 888 COO h N 69 vv 00 N 64 44 $44,000.00 1 8 NOO� v (ki. 69 8 1- 00 — 8 M 00 69 8 --, N — V9 88 C 00 69 8 O8C N v) 14 69 669 8 00M V3 8 S 69 $675.00 $1,700.00 8 O 00 64 0 OONC v) 69 0 M 00 $60,000.0( S tA O 00 EA UNIT PRICE $2.75 888 §8P4 8 .. 64 S N f N 49 888 888 VI 64 V1 LI1 00 0oo 69 p8 O VI 649 8 N 00 8 COJ 00 8 N 64 8 N 49 08 8 69 p8 O Q' 69 p8 8 M 64 8 — 88 84' 6 49 p8 O 64 8 8 69 0 8 S 664 8 0 p8 O pp 60 49 COST S 00 l: 69 S 0 O 69 00.00S`Z$ 00'05Z`Z$ 888 � CO .00 0 CO 00 69 6� 64 S O 0 C 00 44 C .O ON bi - 0 1z 69 O 1(0 0 r 69 S S 00 N 49 00 N 00 v) 69 $17,600.00 $15,250.00 pOp .D — O N 69 88 S 6l M 69 .0n V b9 0 O v) N 69 0 S 00 M 49 0 S '0 --. 69 0 0 00 �( Q O C C •69 00 69 10 V) M M ON V• 49 UNIT PRICE M 640. 888 S, 6A 64 O 69 69 888 0,1 V1 CO 69 lV1 COn 69 64 8 0 664 8 6A 00 F 49 00 8 .- 6A 8 00 64 64 $728.00 $2,200.00 $15,250.00 8 7 N 69 88 0 V1 rri 64 0 M Hf 8 O 00 v1 09 4 8 O O v) 669 8 O O 00 69 8 O �O EA 8 COST 0 O 0p v) 49 0 O v) Vi x 8 O^ O 0O) 0 Vi .. 69 S 0 N Vf p e S 8 © 00 00 O\ N 69 64 0 10D M T O 6A 0 a C V 49 S O6 0 00 N 49 p6A 8 N v) V 669 0 8 00 69 C 0 S 0 0 v) 00 kr; 6A N 69 0 O6 00 M 49 $21,000.00 1 8 O6 00 69 $375.00 $500.00 0 000 Ol Vi 0 S 0) 69 8 0 8 N 59 0 .v,.^ 0-6 669 $573,395.00 UNIT PRICE 60n, en :.: , p 8 00 po 8 C 40„9 df po 0 00 ' p 8 8 00 00 00 6969 8 .Opp 69 8 06S 8 669 8 469:64 8 $1,000.00 $3,190.00 $13,750.00 8 6464 8 00 po 0 64 8S LO EA p 8 0 000 8 00 00.05$ • o8 0 000 64 COST 8 O 00 0, Vi 69 888 66 00 h 69 C O v) 10 M 'J — N 6A 69 00'005$ 88 0 0 SvZ O O -. 64 69 69 8 O 0 N 1` .0 69 69 8 00 O) 8 kr,00 00 ,, 4 69 8 O 7 . 6A 00 8 O v) N N 69 $6,040.00 $17,600.00 $15,000.00 8 O 0 Cr 00 69 88 O O v) M— 69 kn N - 69 8 O 1� 00 69 8 0 O V) M 69 8 CO v) 0 69 8 O N ... 69 04 8 O J N 4 1--- 69 $528,644.65 UNIT PRICE 8 $283.00 88 V oo 669 Vi 8588 0 vl 00 649 8 0 00 669 8 44 �' 8 EA- 49 8 6A 8 o 64 00'000'SI$ 00'00Z`Z$ 00'SSL$ 8 o 00 88 0Q. vl 69 v 469 8 o 00 6 f 8 S 00 6f 9 8 0 00 8 b499 00 8 Q 25 N 69 COST 8 O 00 N 69 888 <N 00 -, 6A 000 0 M v) .4- 69 69 88p8 0 - �-- 69 O O N v) 7 .-- 64 49 $31,200.00 8 00 00 _ 69 8 00 M co.;.. 69 8 00 v) 7 6A 8 0000 00 04 88 C 0 N V N 00 69 69 8 0 v) r 69 8 O CO 69 88 0 h 7 69 00 '0 69 p8 8 vl N 69 8 00 00 N 69 8 COC 00 6A 8 .0O 00 -� 49 2 00 v) M ' EA P. O �D M 00 00 49 [.. w U 4 CO O 604 pOp 8 - 00 8 8 00 00 69 p 8 S 690468 O p 8 8 S S N 00 8 S O) 669 8 669 O O O- 64 p O '-' 41 S N 69 pp O O r S N M 6699 p O 8 v) .-. 69 O N 69 8 8 Vaal 64 8 X00 64 8 S ..1 409 8 � 00 48 8 0 . p O p 8 00 vl 660 69 g 4 0. Q M m c... --- m - m v y m m - E _ H v ^ J W J Q Y W N Q W Q Q W W Q W J J J Q Q W W 6n J Q W LL J Q W Q W Q W J Q W ITEM DESCRIPTION desevdrized 1 ype 1 1 nermoprasnc ravanlers Markings; 4 inches in width, 100 mils in thickness per lineal toot Markings - "WHEEL CHAIR SYMBOL"; 60 inches in width, 100 mils in thickness white in color per each Wheel Stops, complete in place. Sodding , complete in place per square yard, i ype H ourvey markers won Na)ustaoie varve Box, complete in place per each, Street Light NEMA Service Breaker Box Street Light NEMA Control Box aueet Lignt including rounoanon, comprete in place. U. ID ura. ouridu rvc street ugnt uonourt, complete in place. 1 via. at.nau aoeet ugnt uonoun, complete in place. Lila. aunou street ugnt uonoun, complete in place. A via. auneu rvt, aoeet ugnt uonamt, complete in place. -epla0IU IV Ill anigre 1)3114 Back Box 2-3/4" and Single Gang Vertical In -Use Cover, complete in place per each, Electric Pull Box. complete in place. v 3011. 111190uon sleeve, including an fittings and appurtenances, complete in place. 1Z xrz x z lapping weave a valve, complete in place per each. 2" Irrigation Service Line, complete in place. r water meter, mcruoing cast iron varve oox, complete in place. OdURIIIJYYe r dpFa principle, in above grade hotbox, including cast iron valve box, complete in place. z vale varve, including cast iron varve oox, complete in place. Jl.n 4U rVl., 1Z uta. worm ripe, including Excavation and Backf ill, complete i 1 place. C x 13 Linear urate obormrurer tl,ontecn), complete in place 'SUBTOTAL CONTINGENCY TOTAL 'h X EN . N N M V N N 1,1 N VD N N N 00 N 01 N 0 M , M N M 40 O M M 6n M LO M 00 M 00 M 01 M 0 4 .-1 4 N 4 M 4 Bid Tabulation - 105 E. Liberty Parking Lot PageSoutherlandPage ARCHITECTURE INTERIORS CONSULTING ENGINEERING October 04, 2013 Mr. Gary Hudder, Transportation Director City of Round Rock Transportation Department 2008 Enterprise Dr. Round Rock, TX 78664 James c Alvis, PE Attn: Todd Keltgen, Operations Manager, Transportation Services, City of Round Rock RE: 105 East Liberty Street Parking Lot Project Dear Mr. Hudder Bids were opened at 2:00 on October 2, 2013, for the 105 East Liberty Street Parking Lot Project. PSP has reviewed the documents and tabulated the bids. The bid tabulation is attached and will be forwarded electronically. The Bid documentation appears to be in order. AgH2O Holdings, L.L.C., was the apparent low bidder. We recommend that the project be awarded to AgH2O Holdings, L.L.C. on this basis. Please call me at 512-382-3404 if you have any questions. Sincerely, (t? James C Alvis, PE Vice President, Director of Civil Engineering Attachment: Bid Tabulation Xc: File 113004.01 AUSTIN DALLAS HOUSTON WASHINGTON DC PAGE SOUTHERLAND PAGE, LLP 400 West Cesar Chavez Street Suite 500 Austin, Texas 13 01 tel: 512 472 6721 tax: 517 477 3211 wv:e.p,peec.c_gym EXECUTED ORIGINAL DOCUMENT FOLLOW t -c0-24-'3 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the BETWEEN the Owner: and the Contractor The Project is described as: The Engineer is: t 1 14 cetWay of in the year 20 (3 . City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 AGH2O Holdings, LLC ("Contractor") 3817 Bent Brook Drive Round Rock, TX 78664 L: G1,1 r L, 2� fi� �i/G CA 67 443 Pi„)einf %v i PA' L S;ivThxr����,1 �'�, � GP /i/1 s recd}%c.,ydvlr �FCc�; 1���;,s tlO(, 1v.e9-r Ctg;,, t"i, i+Y-(- , !'if For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged, Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 7. 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. 00500 8-2012 Page 1 of 5 Standard Form of Agreement 00196575 ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within T -e„ from the date delineated in the Notice to Proceed. ( (0 ) calendar days 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than AO ( ) calendar days from issuance by Owner of Noticen to Proceed, and Contractor shall achieve Substantial Completion of the entire Work n later than (;9i///f ) calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Sub tantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the sum of b`7/ and No/100 Dollars ($ lily ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6Contractor shall achieve Final Completion of the entire Work no later than r�47) ( �(7 ) calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be r&vi h ,,rjr��j `;S�'?Y tirr-e Thvfu,,,f ' n G, cireiJ (, . �fc LI CI 4- 7C. NO ($ c1 3, & ` * %‘ ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: Page 2 of 5 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor, and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 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 Engineer and Owner may require. This schedule, unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 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. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 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: .1 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; and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. 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 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. Page 3 of 5 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor, as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated '>r 2N3 7.1.4 The Specifications are those contained in the Project Manual dated 04(.jr. 2c'/3 7.1.5 The Drawings, if any, are those contained in the Project Manual dated Avyie r 20/3, 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated At,,cv)T 2.v 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated ;/I v5N51 70/3 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000," Federally Required Contract Clauses, as modified. 7.1.9 Other documents, if any, forming part of the Contract Documents are as follows: 1 Ci% t (10 -ed .,„tl add,2--Cfh' i/ !/?M" ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: 8.3 Contractor's representative is: ��z 040,4 dSi/ T.0 .c.py ,G1 (,''',r 0, nt' _.(( .MXS (;:NC) G2 , LeSk c7 ; Prt syc/44 j i•'(Atlj i 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. Page 4 of 5 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 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 nor against either party. 8.8 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. 8.9 Both parties 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 an arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 8.10 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. This Agreement is entered into as of the day and year first written above and is executed in at least three (3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract, and the remainder to Owner. OWNER Title Date Signed: NW- K vQ l3 c FOR , AP ROV D AS TO FORM: City Att 1 CONTRACTOR AG 0 Holdings, LLC ed Name: James R. Lesko itle: President Date Signed: 10/28/13 Page 5 of 5 THE STATE OF TEXAS COUNTY OF WILLIAMSON Bond #HA -10-A4-0001 PERFORMANCE BOND § § KNOW ALL BY THESE PRESENTS: That AGH2O Holdings, LLC of the City of Round Rock County of Williamson , and State of Texas , as Principal, and Hudson Insurance Company authorized under the law 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, (Owner), in the penal sum of Four Hundred Eighty Three Thousand Six Hundred Forty Five Dollars ($ 483,645.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the day of 1J eAkA, , 206 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 105 East Liberty Existing Parking Lot Improvements (includes demolition of existing parking lot, construction of new parking lot including driveway, sidewalks, storm water treatment facility, and dumpster pad with enclosure) (Nameof the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within.a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 7-2009 00090656 Performance Bond PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work perforined thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of October , 20 13 AGH2O Holdings, LLC Principal J MLS R. ZTsko Print _+ Natne Oteo.44 4 C/ea—tr— e4/. ,41&12 ddress: 3817 Bent Brook Round Rock, TX 78664 Resident Agent of Surety: Signature Debbie Hay Printed Name 314 N. Camp Street SeStreet Ai'X1eSS / 155 City, State & Zip Code 00610 7-2009 00090656 Page 2 Hudson Insurance Company Surety Debbie Hay Printed Name By: \' ���•\ Title: Attorney -In -Fact Address: 100 William Street New Yoirk, NY 10038 Performance Bond Bond #HA -10-A4-0001 PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That AGH2O Holdings, LLC , of the City of Rq»nd Rock , County of Williamson , and State of Texas as Principal, and Hudsnn Tns»rance-Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto TIIE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Four Hundred Eighty Three Thousand, Six Hundred Forty Five Dollars ($ 483,645.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the A-'4 day of IJ , 20 13, to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 105 East Liberty Existing Parking Lot Improvements (includes demolition of existing parking lot, construction of new parking lot including driveway, sidewalks storm water treatment facility, and dumpster pad with enclosure) (Namj (Name Of the Proect): NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein, Page 1 00620 7-2009 00090656 Payment Bond PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the teems of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 22nd day of October , 20 13 . AGH2O Holdings, LLC Principal cJkne3 R LESk-ti Printed Name B C7 e#1 • /17C7o: • dress: 3817 Bent Brook Round Rock, TX 78664 Resident Agent of Surety: Signature Debbie Hay Printed Name 314 N. Camp Street Street " ' 75 00620 7-2009 Page 2 Hudson Insurance Company Surety Debbie Hay Printed Name By Title: Attorney -In Fact Address: 100 William Street New York, NY 10038 Payment Bond