HomeMy WebLinkAboutRES 870445.023NO.
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WHEREAS, the City Council ("Council") of the City of Georgetown, Texas
("City") desired to have a waterline constructed known as the "Maple Street
Waterlines," Public Works Project Nos. 00275, and 00284 (the "Improvements");
and
WHEREAS, the Council directed City Engineers to prepare the specifications
and plans for such Improvements, and published notice as required by law; and
WHEREAS, the City opened the bids received and after a public hearing,
awarded the contract to Community Engineering, Inc. ("Contractor") on June 5,
1987; and
WHEREAS,, the Contract Agreement, Documents and Specs ("Contract") were
signed by the Contractor and the City on or before July 16, 1987; and
WHEREAS, the Contract included a Performance Bond No. LB019246, a Payment
Bond No. LB019246, and a Maintenance Bond No. LB019246, (collectively the
"Bonds") executed by Fairmont Insurance Company, now known as TransAmerica
Insurance Company as Surety ("Surety") and Contractor as Principal, for the
benefit of the City; and
WHEREAS, the City has complied with all of the prerequisites required by
law to the validity of the Contract; and
WHEREAS, the Contractor notified the City in August of Contractor's
inability to perform under the terms of the Contract; and
WHEREAS, the City has attempted to give Contractor notice to proceed under
the Contract, and the Contractor has refused to do so; and
WHEREAS, the City Council hereby finds the Contractor to be in default
under the Contract;
NOW,, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN:
1. That the facts recited in the preamble to this Resolution
are true and correct, and incorporated by reference herein
and made a part hereof;
2. That the City Attorney is hereby directed to take such legal
actions as may be necessary, including, but not limited to,
notifying the Surety of the default, and calling upon such
Surety to perform under its Bonds and the Contract.
3. The Mayor of the City is hereby authorized to execute such
documents as may be necessary to effectuate the completion
of the Improvements and resolve any dispute(s) in connection
with the Contract and Bonds. The documents to be executed
may include, but not be limited to, any agreement(s) between
the City and/or the Contractor, the Surety and any
Substitute Contractor, as well as any release(s) by and
between the City and/or the Contractor and the Surety under
the Contract and Bonds.
CITY OF EORGETOWN
BY:
JIM COLBERT, MAYOR
ATTEST:
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CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
I, . being the current City Secretary of the
City of Georgetown do hereby certi-fy—that the attached resolution of the City
Council of the City of Georgetown is a true and correct copy of such resolution
adopted at a council meeting open to the public and notice of said meeting,
giving the date, place and subject thereof, having been posted as prescribed by
Article 6252-17, Section 3A, VATCS.
Dated this day of , 19
(City Seal)
City Secretary