RESOLUTION NO. RS2000-433

A resolution authorizing the Department of Law to settle and resolve the Metropolitan Government's claims against the American Home Assurance Company, surety to Roxco Construction Company, by accepting a credit of eight hundred thousand dollars ($800,000) against the contract balance owed for construction of the South Grit Facility of the Central Wastewater Treatment Plant.

Whereas, pursuant to Contract No. M-2765, the Metropolitan Government engaged Roxco Construction Company to construct the South Grit Facility of the Central Wastewater Treatment Plant (the "Project"); and

Whereas, Roxco failed timely to complete the Project and American Home Assurance Company, its performance bond surety, assumed Roxco's contractual responsibilities to the Metropolitan Government; and

Whereas, the Project has been completed, the Metropolitan Government has incurred damages associated with the delay in the Project's completion and American Home Assurance Company has, after negotiation, offered a credit of eight hundred thousand dollars ($800,000) against the contract balance owed for construction of the Project; and

Whereas, the citizens of Nashville and Davidson County will benefit by accepting the proposed credit.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. The Department of Law is authorized to settle and resolve the Metropolitan Government's claims against Roxco Construction Company and American Home Assurance Company by accepting a credit of eight hundred thousand dollars ($800,000) against the contract balance owed for construction of the Project.

Section 2. The Department of Law and the Department of Water and Sewerage Services are authorized to execute such documents as may be necessary to effect the terms of this Resolution.

Section 3. This resolution shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Don Knoch

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	November 21, 2000
Adopted:	November 21, 2000
Approved:	November 27, 2000
By: