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<br />34
<br />
<br />RESOLUTION 1982-27R
<br />
<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY
<br />OF SAN MARCOS, TEXAS, APPROVING FINAL PAYMENT
<br />TO AUSTIN ROAD COMPANY, OF AUSTIN, TEXAS, FOR
<br />CONSTRUCTION OF VICTORY GARDENS PHASE III IM-
<br />PROVEMENTS TO SAID CITY; AUTHORIZING THE WITH-
<br />HOLDING OF $2,100.00 IN LIQUIDATED DAMAGES;
<br />AUTHORIZING PAYMENT IN THE AMOUNT OF $71,691.23
<br />TO AUSTIN ROAD COMPANY AND DECLARING AN EFFEC-
<br />TIVE DATE.
<br />
<br />WHEREAS, the City of San Marcos, Texas, has contracted
<br />with Austin Road Company, of Austin, Texas, for the construc-
<br />tion of a water distribution system, sanitary sewer collec-
<br />tion system and paving and drainage improvements on Valley,
<br />Georgia, Arizona and Eisenhower Streets in the City of San
<br />Marcos, said project being known as the Victory Gardens
<br />Phase III Improvements; and,
<br />
<br />WHEREAS, said contract was entered into on June 5, 1981;
<br />
<br />and,
<br />
<br />WHEREAS, on April 19, 1982, a final inspection of said
<br />project was conducted by Kelly Kilber, the City's engineer;
<br />and,
<br />
<br />WHEREAS, construction at said project was found to be
<br />complete and in general conformance with the contract docu-
<br />ments; and,
<br />
<br />WHEREAS, Kelly Kilber, on April 22, 1982, recommended
<br />acceptance of said project for use by the City of San Marcos;
<br />and,
<br />
<br />WHEREAS, the Time of Completion for this project was
<br />originally allocated as 180 calendar days, later extended
<br />to 230 calendar days for justifiable reasons; and,
<br />
<br />WHEREAS, due to inactivity on the part of Austin Road
<br />Company, the project took additional time to complete; and,
<br />
<br />WHEREAS, Kelly Kilber has recommended that the liqui-
<br />dated damages clause of the contract be invoked; and,
<br />
<br />WHEREAS, George W. Boeker, Director of Public Works,
<br />has recommended that liquidated damages in the amount of
<br />$2,100.00 be withheld by the City of San Marcos; now,
<br />therefore,
<br />
<br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS:
<br />
<br />PART 1. That the project known as Victory Gardens Phase
<br />III Improvements, being the construction of a water distribu-
<br />tion system, sanitary sewer collection system and paving and
<br />drainage improvements on Valley, Georgia, Arizona and Eisen-
<br />hower Streets in the City is accepted for use by the City
<br />of San Marcos as of the date of final inspection of said
<br />project on April 19, 1982.
<br />
<br />PART 2. That liquidated damages in the amount of $2,100.00
<br />be withheld from Austin Road Company.
<br />
<br />PART 3. That final payment for said project is hereby
<br />authorized to be made to Austin Road Company, of Austin, Texas
<br />in the amount of $71,691.23.
<br />
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