Res 129-87 8/4/1987RESOLUTION NO. / fâ/7
RESOLUTION ACCEPTING CONSTRUCTION AND AUTHOR-
IZING FINAL PAYMENT TO THE CONTRACTOR FOR
COMPLETION OF THE WICHITA FALLS WATERFALL
PROJECT
WHEREAS, the City of Wichita Falls entered into a contract
dated May 20, 1986 for the construction of the Wichita Falls
Waterfall Project; and,
WHEREAS, said project has been completed in accordance with
the plans and specifications; and,
WHEREAS, the contractor, through no fault of his own, was
delayed in the completion of the work by high flows in the
Wichita River and excessive rainfall so that the application of
liquidated damages to the contractor would seem neither prudent
nor equitable; and,
WHEREAS, said contract was a unit price contract and the
actual cost based upon measured quantities was $424,592.48 ;
however the contractor has agreed to credit the City for the
amount of $21,826. 00 as compensation for donated materials, and
382, 133 . 29 has been paid to the contractor, leaving a balance
due of $20, 633 . 19 ; and,
WHEREAS, this project was inspected and completed on June 5,
1987.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
f
The construction of said project is accepted by the City of
Wichita Falls, liquidated damages for the project and outstanding
claims on the part of the City are waived, and the City Manager
is authorized and directed to pay the contractor the amount as
set out above.
PASSED AND APPROVED THIS THE 4TH ' OF AUGUST, ls8 .
M A Y S R
ATTEST:
A-GL44-1 (947///t â'/
CITY CLERK