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HomeMy WebLinkAboutRes 2024-13 Terminating Agreement with Christensen Building GroupCity of West University Place Harris County, Texas RESOLUTION NO. 2024-13 A RESOLUTION OF THE CITY OF WEST UNIVERISTY PLACE, TEXAS, TERMINATING THE AGREEMENT BY AND BETWEEN THE CITY OF WEST UNIVERSITY PLACE, TEXAS AND CHRISTENSEN BUILDING GROUP, FOR CONSTRUCTION MANAGER AT RISK SERVICES RELATED TO THE DESING AND CONSTRUCTION OF THE PUBLIC WORKS CAMPUS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of West University Place (the "City) passed Resolution entered into an Agreement with Christensen Building Group ("Christensen") for Construction Manager at Risk services related to the design and construction of the Public Works Campus (the "CMAR Agreement"); and WHEREAS, Christensen gave notice to the City that it is not able to furnish the Performance Bond as required by Section 11.1.2 of the AIA Document A201-2017 that was incorporated as part of the CMAR Agreement; and WHEREAS, the inability to furnish said bonds constitute a material breach of the CMAR Agreement; and WHEREAS, the termination of the CMAR Agreement is necessary to facilitate securing another contract to complete the Public Works Campus. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: SECTION 1- The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as part of this Resolution. SECTION 2. The City Council of the City of West University Place hereby approves the termination of the CMAR Agreement between the City of West University Place and Christensen Building Group. SECTION 3. The City Council authorizes the City Manager to execute such documents as may be necessary to terminate the CMAR Agreement in accordance with its terms and conditions. SECTION 4. This resolution shall take effect immediately upon its adoption and signature. �P D APPROVED this day of_k&A 4. L) a SIGNED BY: r k"kWA, ME ,� _--o . - APPROV AS TO FORM: son & Olson, LLP, City Attorney By Loren Smith RECOMMENDED BY: a e Beach, City Manager