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HomeMy WebLinkAboutRES 02.11.1986- Miranda ConstructionCERTIFICATION OF CITY RESOLUTION (Area 4 - 2nd to 12th Street/Main to College) STATE OF TEXAS COUNTY OF WILLIAMSON THAT I, PAT CABALLERO, hereby certify that I am the duly appointed and qualified City Secretary of the City of Georgetown, Williamson County, Texas, and am keeper of the�Minutes of the Proceedings of the City Council of said City, and that on the 4th day of November, 1985, there was held a meeting of the City Co cil of said City, at which a quorum of the members City Council was present at all times; and at said meeting, the following resolution was duly and unanimously adopted and has been entered upon the minutes of said meeting; and that said resolution has not been rescinded or modified: RESOLVED: That Jesus Miranda dba Miranda Construction of Austin, Texas, be awarded the contract concerning certain improvements, including, but not limited to, the construction of curbs and gutters, among other improvements to said city streets more particularly described in that certain contract agreement between the City of Georgetown and Miranda Construction attached hereto as Exhibit A and incorporated by reference herein; WHEREAS Carl Doering, the Mayor of the City of Georgetown, Texas, has been authorized upon behalf of the said City to execute said contract and such other documentation as may be necessary to consummate the contract and construction of those certain improvements described in said contract; and WHEREAS, pursuant to the terms and conditions of said agreement, Jesus Miranda dba Miranda Construction has also executed a statutory payment bond dated December 12, 1985, and approved by the City of Georgetown, the owner of the properties to be improved. The statutory payment bond is attached hereto as Exhibit B, and incorporated by reference herein. IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, and seal, this �� day of February, 1986. STATE OF TEXAS COUNTY OF WILLIAMSON This instrument was acknowledged before me on the 1 day of-'-� -'` 1986, by PAT CABALLERO, City Secretary of the City of Georgetown; Texas, on behalf of said City. of y Public, State o'Texas My commission expires: 0 71, -4 �( Ja Ii c, c 0-, A n_n (Typed(Ty0ed or printed name 6f no-tary STATUTORY PAYMENT SONG' - TEXAS (Property Code - Private Work) (Penalty of this bond must be 100% of Contract amount. This bond and copy of contract must be filed with Clerk of County wherein owner's property is located.) KNOW ALL MEN BY THESE PRESENTS: That, Miranda Construction Original Contractor (hereinafter called the Principal), as Principal, and Transamel!ia,sq Pl:emi e ^ TnGi trans f nmp;:iny— a corporation organized and existing under the laws of the State of with its principal office in the City of Irvine California (hereinafter called the Surety), as Surety, are held and firmly bound unto _ City of Georgetown (hereinafter called the owner), in the amount of Two Hundred Sixtv Thousand Seven Hundred Eiahtv Nine ar-idO * * * * * * * * * * * `* * * Dollars (s2606789. 95.) for the payment whereof 1 (here insert an amount equal to the total contract price) the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the f day of December,19 85 to Construct curb & quitter, install 4' x 2' concrete box culvert, install Des. 6 C.G.M. pipe arch, construct .junction box & curb inlets; Project #D 1-85-1 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OFTHIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay claimants forall labor, subcontract, materials and specially fabricated materials performed orfurnished under or by virtue of said contract and duly authorized normal and usual extras thereto (not to exceed 15%of said contract Price), then this obligation shall be void, otherwise to remain in full force and effect: labor, subcontract, materials and specially fabricated material shall be construed in accordance with Section 53.001 of the Texas Property Code added by the Acts of the Regular Session of the 68th Legislature, 1983 . PROVIDED HOWEVER, that the Owner having required the said Principal to furnish this bond in order to comply with the provisions of Section 53.201 et seq. of the Texas Property Code, added by Acts of the Regular Session of the 68th Legislature,1983, all rights and remedies on this bond shall inure soley to such claimants and shall be determined in accordance with the provisions, conditions and limitations of said Property Code to the same extent as if they were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument, this day of December 19 85 WITNESS: (If I I ' ual or Firm) ATTEST (If Corporation) The foregoing bond is hereby approved City,of Geo geto by: OWNER Carl Doering, Ma or P.O. Box 409, Georgetown, Texas 78627 12th Miranda Construction (Principal) (Seal) By: Ce- s Miranda (Title) Owner Transameric Premier Insurance Co. (Surety) (Seal) (Attorney -In -Fact) Gregory P. Faulx ADDRESS I.7\r:1 EXHIBIT A CON TI,ACT „ GP.NT r_.tE J 1'+IC Cr _ _Xnj COUNTY OF Williamson THIS AGPED! --tNT. made and entered into this _3/ day of "•G- • lg by •ind cetween City'nf Georgetown Of the County of Williamson and State CF Texas, acting througn Mayor Carl Doering thereunto duly authorized so to do, Fart; of the nereinafter ter-,)ed the and Miranda Construction of the City Of Austin County Of Travis and State of Texas Party of the second Part, hereinafter tenr,ed CONTRAC'CP _ _ 'rflTi_•�__I;. i1dt -C-r and 7n consideration Of the paVTTlents and aareements nere-inat-er r7enticnec, to De race ana Derforr.ed by one the Par-,; of the r i r5 t Fart (j'niiCr ; ana unoer the conai Lions exDressed in the c `s Dearing P_Ven Cdte nerebJit^ :ne said Party Of the Second Part (rO"TD•r- PAC 7 0P ) nereDy agrees with tie said. Party of the Firs- Part. 1,0',iNER) to coy ,once an comoiete :he construction of certain improvements described as follows; _ Construct curb and gutter, install 4' X 2' concr ete box culvert, install Des. 6 C.G.M. pipe arch, construct junction box and curb inlets. Project (D)1-85-1 and all extra work in connection therewith, under the terms as stated -in the General Conditions or the Agreement; and at his (or their) own proper cost ana exDense to ;urn'i-h all the materials, supplies,'macninery,-eeuip- ment, tools, superintencence, IaDor, insurance, and other accessories and services necessary to ccnalete the said construction, in accordance with the conditions and prices stated in the FroDosal attached nereto, and in accordance wit,`1 all the general Conditions of the Agreement, the Ceecial Conditions, the r;ctice to Eidders (Advertisement for Eids), Instructions 10-15-i1 1 I E I to Bidders, and the Performance and Payment Bonds, all attached hereto, , and in accordance with the plans, which includes all maps, plats, blue- prints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by the City of Georgetown, herein entitled the OWNER, each of which has been identi- Pied by the CONTRACTOR and the OWNER, all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOP,'hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are pro- vided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Con- tract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the vear and day fir'.- above written 1 Aov-y ■ ATTEST: , r - r r Party o" t First P t, WNry b ' (SEAL) rtv of the con Fart, J AC R By Title (SEAL) Read, passed and approved on as to form. Randy St p, Ci Attorney - City of Georgetown