HomeMy WebLinkAboutRES 1974-004 CITY OF GRAPEVINE
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RESOLUTION NO. 74_4 I
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�-�� WHEREAS, the City of Grapevine, hereinafter called "City" , did I
enter into a construction contract with Edarp Corporation, a Texa s
�;;� Corporation, hereinafter called "Contractor", said contract dated
May 15, 1973, for the consYruction of Northwest Sewer System
Improvements, 'same being three (3) lift stations and a force '
ma in; and
WHEREAS, pursuant Lo said contract, the Contractor did furnish
performance and payment bonds pursuant to the pro�visions of ;
Tex. Rev. Civ. Stat.A nn,, A rt. 5160, the surety on sa id bonds � ;
being United States Fidelity and Guaranty Company of Baltimore, ;
Maryland, hereinafter called "Surety", a surety authorized to do �
business in the State of Texas; and
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WHEREAS, the Contractor did default on its obligarions under �
said contract and has failed to finish the work under said �
contract; and
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WHEREAS, the City pursuant to said contract did notify the �
Surety that the Contractor had defaulted on its obligations under
said contract and the City did direct the Surety to complete the
work on said contract; and �
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WHEREAS, the Contractor has heretofore acknowledged default
�``�-� under the contract and has released all of its right, title, interest
in said contract, has agreed that the Surety may take over the
work under said contract and finish same in accordance with the
Performance Bond and the terms of the contract and has agreed
that all remaining contract funds may be paid to Surety or its �
assigns; and
WHEREA S, the Surety ha s entered into an agreement with Onyx
Construction Co. , Inc. , hereinafter called "Onyx" for Onyx to
finish the project •in accordance with the contract specifications; �
and
WHEREAS, On� has agreed to furnish statutory Performance
Bond, Labor and Material Bonds, Maintenance Bond and a
certificate of insurance; and
WHEREAS, City is agreeable for On� to complete said contract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
�,:a
' ' OF THE CITY OF GRAPEVINE, TEXAS:
� � SECTION 1. That the City based on the premises and facts above
sta�ed, daes hereby agree th�t Ony�; is an acceptable completion contractor
for the Northwest Sewer System Improvements, with the following conditions
and stipulatians:
A, That Surety, Edarp and Onyx each acknowledge receipt and
agreement of this Resolution and note their acceptance of
same by signing and approving this Resolution in the space
designated, This Resolution shall take effect at such time
as said Resolution is acknowledged, agreed to and accepted
by Surety, Edarp and Onyx,
�„m{ B, That Surety shall �nal am n e Or��a s Co-Pri c p 1 for Bhed
�; and Performance Bo g Y
� completion of the work under said contract,
C.
That Ony-x shall furnish a Certificate of Insurance to City
in accordance with the contract.
D, City does not relinquish any rights, whatsoever, under the
subject contract, Performance Bond and Payment Bond.
PASSED BY THE CITY OF GRAPEVINE CITY COUNCIL on this the
�'�day of �Zf �, A.D. 1974.
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ATTEST:
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APPROVED AS TO FORM:
ity ttorney
ACCEPTED AND APPROVED by the undersigned on the dated indicated
in the acknowledgment.
nite tates i e ity an uaranty o.
of Baltimore, Maryland - Surety
arp orporation - ontractor
n� onstruction o. , nc. - omp etion
Contra ctor
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