Res 029-2016 3/8/2016Resolution No. _29-2016_
Resolution finding that Mega Contractors, Inc., is in material breach of
contract for the Phase I: Hike and Bike Trail from Seymour Highway to
Lucy Park, and authorizing City Manager to terminate the contract
WHEREAS, the City awarded the bid (CWF 14-444-12 P1) for Phase I: Hike and
Bike Trail from Seymour Highway to Lucy Park to Mega Prime Contractors, Inc., on
November 4, 2014; and,
WHEREAS, Mega Prime Contractors, Inc., subsequently changed its name to
Mega Contractors, Inc.; and,
WHEREAS, the contract end date was February 29, 2016, and the project is
approximately 52.43% complete as of March 2, 2016; and,
WHEREAS, the City of Wichita Falls finds Mega Contractors , Inc., to be in
material breach of contract (section 108.9(2)) in that there is substantial evidence that
the progress of work being made by the Contractor is insufficient to complete the work
within the specified working time; and,
WHEREAS, the City of Wichita Falls finds Mega Contractors, Inc., to be in
material breach of contract (section 108.9(3)) in that Contractor has failed to provide
sufficient and proper equipment, materials or construction forces to properly execute the
work; and,
WHEREAS, the City of Wichita Falls finds Mega Contractors, Inc., to be in
ma terial breach of contract (section 108.9(5)) in that there is substantial evidence that
the Contractor has become insolvent or bankrupt, or otherwise unable to carry on the
work; and,
WHEREAS, the City of Wichita Falls finds Mega Contractors, Inc., to be in
material breach of contract (section 108.9(7)) in that Contractor has failed to promptly
make good any defects in materials or workmanship, or any defects of any nature, the
correction of which has been directed in writing by the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Mega Contractors, Inc., is in material breach of contract for the Phase I: Hike and
Bike Trail from Seymour Highway to Lucy Park, and the City Manager is authorized to
send to Mega Contractors, Inc., notice of termination of said contract. The City Manager
and City Attorney are authorized to take all other actions necessary to effectuate
termination of this contract, protect City resources and perfect any and all legal claims.
PASSED AND APPROVED this the 8th day of March, 2016.
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M A Y O R
ATTEST:
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City Clerk