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HomeMy WebLinkAboutR87-251066 RESOLUTION NO. R87-25! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A WARRANTY AGREEMENT WITH SOUTH PLAINS PAVERS, INC. AS IT PERTAINS TO THE QUINCY STREET PAVING PROJECT. WHEREAs, High Plains Pavers, Inc. was the successful for the Quincy Street Improvement; and WHEREAS, High Plains Pavers, completed said project; and Inc. has WHEREAS, lab tests show some discrepancies surface; and bidder substantially in the paving WHEREAS, in order to adequately protect the City yet release funds to High Plains Pavers, the City and High Plains Pavers have agreed to execute a three year warranty Agreement; and WHEREAS, a copy of said Agreement is attached and hereby made a permanent part of this Resolution; and WHEREAS, the City shall retain one percent of the total cost of the project until the warranty expires. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Plainview, Texas, that Mayor is hereby authorized to execute the attached Agreement and City Administration is instructed to retain one percent of the total cost of the project until the warranty period expires. I Sheryl Owen, City Secretary for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on May 26, 1987. ~ERYL ~DWEN, City Secretary STATE OF TEXAS COUNTY OF HALE A~ENDME~ TO AGREEMENT WHEREAS, the owner and the contractor have mutually agreed to forthamend below the Agreement as follows: dated July 21, 1986, between the parties as set o The Contractor hereby agrees to warrant the improvements performed and constructed in accordance with Special Conditions and General Conditions of the Agreement for a period of three (3) years from the date of this amendment. Said warranty is given to owner for any defect in material or workmanship in the work performed under the Agreement. Contractor shall not be responsible, nor shall this warranty extend to, any damages or injury to said road as a result of abuse or misuse of said road such as the "dropping,, of trailers or "jackknifing "by the tractor-trailer rigs. Contractor shall, at owner's option, repair any defect in material or workmanshiPsaid repair(s).°r re-imburse owner for the cost of At the expiration of the warranty period, owner shall issue to Contractor a certificate of acceptance of the work. Contractor agrees thaE all heirs, assigns, and devisees, of said parties to this Agreement are to be bound by the terms of the Agreement. in the event any provision of this amendment conflicts with any other provision of the Agreement, Special Conditions, or General Conditions, the provisions of this amendment shall prevail. 1 of 2 EXECUTED this the 26th day of May, 1987. ATTEST TITLE: PARTY OF THE FIRST PART (O~NER) CITY OF PLAIA%VIE~ E.V. RIDLEHUBER TITLE: Mavo~ ATTEST: PARTY OF THE SECOND PART (CONTRACTOR) HIG.H PLAINS PAVERS_ INC. BY: - ,- ~ ~ TITLE: President_ 2 of 2