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HomeMy WebLinkAboutRES 870445.023 - Maple St WaterlinesNO. I'mmel 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: ---------- 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