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Res 176-2007 11/20/2007 RESOLUTION NO. 1 76-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE CYPRESS WATER TREATMENT PLANT MEMBRANE CLARIFIER PROJECT CWF03-544-25, AND AUTHORIZE FINAL PAYMENT TO MW BUILDERS OF TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls entered a lump price contract with MW Builders of Texas with the estimated total cost of $1,737,000.00; and WHEREAS, the actual work was completed at a total cost of $1,737,000.00 of which $1,617,260.00 has been previously paid to the Contractor; and WHEREAS, the project was completed 170 days beyond the contractual completion date; and WHEREAS, Staff is recommending 170 days of liquidated damages with a total amount of $85,000.00; and WHEREAS, with approval of the liquidated damages, leaves a balance due to the Contractor of $34,740.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Cypress Water Treatment Plant Membrane Clarifier Project, CWF03- 544-25 is hereby accepted with the assessed 170 days of liquidated damages, and the City Manager is authorized to make final payment to the contractor. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 20th day of November, 2007. � MAYOR ATTEST: Ci Clerk