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Res 097-87 6/2/1987RESOLUTION NO. C RESOLUTION TO APPROVE CHANGE ORDER NUMBER 6 FOR CONTRACT D, CYPRESS EXPANSION PROJECT, ACCEPT THE PROJECT AS COMPLETE, AND AUTHORIZE FINAL PAYMENT TO THE CONTRACTOR WHEREAS, the City of Wichita Falls has a contract with Cajun Construction and Engineers, Incorporated, for a 16 MGD addition to the Cypress Water Treatment Plant and Secondary Reservoir Pumping Station; WHEREAS, the original amount of the contract was $3,131 ,000.00 and five previous change orders have been approved by the Council ; WHEREAS, the Council has examined Change Order Number 6 in the amount of 1 ,609.13; WHEREAS, the project has been declared complete and has been inspected by the City staff and consulting engineer, and the contractor has made the necessary correction of the noted deficiencies; WHEREAS, the contractor accomplished $3,284,241 .83 in work and is to be assessed five days liquidated damages at $300.00 per day; and, WHEREAS, the contractor has been previously paid $3,105,221 .87, leaving a balance due of $177,519.96; WHEREAS, the City of Wichita Falls has heretofore asserted a claim Storage Tank Claim") against the contractor for damages to the 5 million gallon storage tank and for damages resulting from the failure of such tank, which claim is in litigation and is pending; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Change Order 6 to Contract D, Cypress Expansion Project, is hereby approved in the amount of $1 ,609.13, bringing the total contract price to 3,319,712.08. The project is accepted as complete, and the City Manager is authorized to make a final payment to the contractor in the amount of 177,519.96; provided, however, that such acceptance of the project, and authorization of final payment, shall be without prejudice or waiver of the Storage against any PraeTankClaimaainstContractororanotherperson. PASSED AND APPROVED THIS THE 2ND DAY 0 JUKE, 1987. I' M A Y O yAiddiAe' R ATTEST: dra.4,,,t Y-6-794/ed-- CI CLERK I