Res 166-84 9/18/1984RESOLUTION NO. 166-84
RESOLUTION ACCEPTING CONSTRUCTION OF THE IRRIGATION
SYSTEM ON THE FRONT NINE AT WEEKS PARK GOLF COURSE
BY BOYD CURTIS CONSTRUCTION COMPANY, AND APPROVING
MAINTENANCE CONTRACT WITH SUCH CONTRACTOR FOR THE
ELECTRICAL PORTION OF THE IRRIGATION SYSTEM.
WHEREAS, the City of Wichita Falls and Boyd Curtis Construction
Company entered into a contract dated April 3 , 1984 , whereby the
contractor agreed to construct an irrigation system on the front
nine at Weeks Park Golf Course; and,
WHEREAS , the construction of such improvements have been
completed; an insufficient length of underground wire was laid to
accommodate the normal splicing procedure, but the City will accept
the project if the contractor will enter into a maintenance contract
to provide electrical repairs on the system until September 18 ,
1987; and,
WHEREAS, the contract price for such construction was
104 , 942 .00 , of which $94 , 447 .80 has been paid, leaving a balance
due of $10, 494 .20 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS , TEXAS, THAT:
SECTION 1 . Upon the execution by the contractor of suchPY
maintenance agreement, the City of Wichita Falls accepts the
construction of such improvements, and authorizes the City Manager
to pay to the contractor the balance due as set out above, except
for $1, 000 retainage to be placed in an interest-bearing account
to guarantee the maintenance agreement.
SECTION 2 . That certain maintenance agreement, a copy of which
is attached hereto, between the City of Wichita Falls and such
contractor, whereby the contractor guarantees the electrical portion
of the irrigation system on the front nine at Weeks Park Golf Course
for a two-year period, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls .
PASSED AND APPROVED this the 18th day of September, 1984 .
ATTEST: A Y 0 R
AAn44.44 621(.-em-dial
City Clerk
THE STATE OF TEXAS X
COUNTY OF WICHITA X
This contract made and entered into this the 18th day of
September, 1984 , by and between the City of Wichita Falls, Texas,
hereinafter called "City" , and Boyd Curtis Construction Company,
hereinafter called "Contractor" ,
WITNESSETH:
WHEREAS, City and Contractor entered into an agreement dated
April 4 , 1984 , whereby Contractor agreed to construct an irrigation
system on the front nine of Weeks Park Golf Course; and,
WHEREAS, Contractor' s electrician has informed the City that
an insufficient length of underground wire was laid to accommodate
the normal splicing procedures, and this condition may cause a
failure in some of the splices, which will require future repairs;
Contractor has furnished a one-year maintenance bond to cover
defects in materials and workmanship, but it is felt that this is
insufficient time to allow soil settlement so as to cause the
splices to fail.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. City shall accept the project, although an insufficient
length of underground wire was laid to accommodate the normal
splicing procedure.
2 . Contractor agrees that he will, after the expiration of
his one-year maintenance bond on this project, guarantee for an
additional two year period, from September 18 , 1985, until September
18 , 1987 , the electrical system portion of such irrigation system
because of the insufficient length of underground wire; during this
two year period, Contractor will provide, at his sole cost and
expense, all repairs to the electrical system which are caused by
such defect.
This agreement executed by the parties as of the day and
year first set out above.
CITY OF WICHITA FALLS
By:
James Berzina, City Manager
ATTEST:
City Clerk
BOYD CURTIS CONSTRUCTION COMPANY
By:
Boyd Curtis, Owner
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