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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br />PART 1. The recitals set forth above in this Resolution are hereby adopted. • <br />PART 2. Rodman LLC's bid for the Project is hereby declared to be non-responsive. <br />PART 3. Rodman LLC is hereby declared to be in default under the Notice of Award and the <br />bid bond submitted with Rodman LLC's bid. <br />PART 4. The award of bid for the Project to J.C. Evans Construction of Leander, Texas in the <br />sum of $26,385,648.22 or to the next lowest responsive and responsible bidder listed on the bid <br />tabulation attached hereto as Exhibit "A" is hereby approved subject to the following conditions: <br />a. TxDOT's written concurrence; <br />b. Timely delivery of proof of insurance and payment and performance bonds by the next <br />lowest responsive and responsible bidder approved by TxDOT, in accordance with the <br />notice of award and contract documents for the Project. <br />PART 5. The City Manager is hereby authorized to execute documents necessary to achieve <br />the purposes expressed in this Resolution. <br />PART 6. This Resolution is adopted to further the purpose of timely completion of the Project • <br />at a minimum expense to local and federal taxpayers. Nothing contained in this Resolution shall be <br />deemed a waiver of any of City's rights or defenses. <br />PART 7. This Resolution shall be in full force and effect from and after its passage. <br />ADOPTED this the 21 st day of October, 2008. <br />?Susan Narvaiz <br />Mayor <br />Attest: <br />Sherry Mashburn <br />City Clerk <br />• <br />2