2004-105-RES APPROVING CHANGE ORDER NO 2 AND FINAL PAYMENT FOR CONTRACT #5 WITH THE GEAUX CORP
RESOLUTION NO. 2004-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING CHANGE ORDER NO. TWO AND FINAL
PAYMENT AND RELEASE AFFIDA VIT FOR CONTRACT #5 WITH THE
GEAUX CORPORATION FOR CONSTRUCTION OF A RESTROOM,
RESTROOMICONCESSION BillLDING, GATEWAY BillLDING, AND
ENTRY SIGN (MASONRY, BillLDING, PLUMBING, ELECTRICAL, AND
ROOFING) FOR THE PARIS SPORTS COMPLEX; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of May,
2003, in Resolution No. 2003-081, award Contract #5 for construction of a restroom,
restroom/concession building, gateway building, and entry sign (masonry, building, plumbing,
electrical, and roofmg) for the "Paris Sports Complex," to the Geaux Corporation; and,
WHEREAS, MHS Planning & Design, acting as project engineer, recommends
amendment of the contract for said project by Change Order No. Two, by adjusting the Hardware
Allowance and the Testing Allowance, and providing for a net decrease of $2,058.00 in the
contract price, and,
WHEREAS, the form of Change Order No. Two and Contractor's Affidavit of Final
Payment and Release, attached hereto as Exhibits A and B, should, in all things, be approved, and
the Mayor should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the form of Change Order No. Two to Contract #5 with the Geaux
Corporation for construction of a restroom, restroom/concession building, gateway building, and
entry sign (masonry, building, plumbing, electrical, and roofing) for "The Paris Sports Complex, "
attached hereto as Exhibit A, to adjust the Hardware Allowance and the Testing Allowance, and
providing for a net decrease of $2,058.00 in the contract price, be, and the same is hereby,
approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, said Change Order No. Two, upon the terms and conditions and in the
form shown in Exhibit A attached hereto.
Section 4. That the Contractor's Affidavit of Final Payment and Release to Contract #5
with the Geaux Corporation for construction of a restroom, restroom/concession building, gateway
building, and entry sign (masonry, building, plumbing, electrical, and roofing) for "The Paris
Sports Complex," attached hereto as Exhibit B, be, and the same is hereby, approved.
Section 5. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 14th day of June, 2004.
c-' C~'2 -
Curtis Fendley, / ayor
ATTEST:
8k1~;a",) ~~
Sh~nan Dixon, Assistant City Clerk
APPROVED AS TO FORM:
e5/11/2004 10:38
9El37842429
~ ,"..
nHS ~~A~NING & DESIGN
PARIS PUBLIC ~S
903 597 0517
PAGE El4
- p.5
.. Geaux COl'pO~~pn,
390iQld.Bui~ Rd. ~',,'. ~
. P. O. ElaIt 8510 ' '
. Tyt" 1i( 1,670 I '~;.
, 'OH~',' ~:':,:
lICense: ' .
Ch~nge Order'
Ordllr#: 2
Order Dale: 0,611012004
To: ParlsSPorU Complex' '. '
, , City of Paris ,~,',"
PO Sox 9037 ',':' ,::,;"
Paris, TX 7546'-903'1', '
ProJaet: 30610132
Paris Texas'
The ~netcr itgre~ 10 perform .nd,Iti~'~e'j'.9ree.s to
pay forl.'1e follow/no c:h.angas to1t\i$ eo~""
Ordered By: "'" '" _ , CalalClmerOrder:
Plens Attach~ :0
'SP8eJficati~1\.S Attaeh.cO
Descrfptlon of Work
Haroware Afiowance ,
Hardware. Allo....nc:o
Total S~nt, '
~lanC'G ~d
Teatfr,g Allowance
No "'sting was done. "
- ,',
. .',
AmQ\.U'It
5000
4942
ee
~58.00
, '.:2.000,00
Noms
'," ."\'
, NogatlYe ct1ar1QlMwBl')ower ~ .;v.iB/1 OonInlct '::
piot ~no Iddlllo"al pe~ by owner,. '
,The original Contratt Sum was ' "
'Net change by previous Change Oid,~r8 "
The, ContnlclSum prior to this Charl~:,9rder
The c.ontract Sum will be cmang~CrbY,th!s 'c;hange OrdClr
The new Con!r~ct Sum Including t2:'IS' 9,hirJge Order wfn be '
The ContJ:act TIme V:/UI be ehangedb)<..:", '
, Requested Amount of Change I
.2,058.00 I
, , 211.358.00
0.00
,Z11 ,358.00
, .2,058.00
'2~,300.00
o Oa)'li,
Owner'
Co""'drnc~
". "
8~ti.::';:' ,:\:'
,. ~ '.' .
. ','" t: ','..:,':' "
Date:
Date: ~ -IQ-o"
I
~ .' :
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. ;1 . ~.'.
,:, ': ;':::'::',,' EXHIS'IT 11.
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BG/11/28B4 18:38
9B37R42429 PARIS PUBLIC ~ORKS
NHS~~(A~~lNG L DESIGN b_J 587 0$17
, ',Colltrac:tors Affidavit ofFJ'nal Payment
PAGE B5
p.6
STATE OF TEXAS
COUNTY OF Smi+'n
'r,
F~
BEFORE ME" the undersigned authority, on this day' personally appeared
~eral~ ,~. Fi\.d~ ~e..II""Trr' ',' ("AffidlUlt"), who after bein~bY me duly ~om, deposes and sa.ys
thac h~ /5 Jrf>>~lde.(\,t. . a Ie)(ll.'?J CnrpDra.+ICi\ , (corporation,
partnership, trade nll1l1e) of ,5M I +h County, Stale of Texas (the "Contractor") which said
Contract~r wu Cl\\'3td.ed thoeonlr,Bcl dated ~hc. I ~ 'tt1 " day of ~,~~Jo~ the
constructIon of Pans SportJCom?lex, Pans, Texas (The "Work"), fora totalcollSlderation of
IWo hUi\dff..~ n'll"\e. +.hou.Ctnnd +~Dol1l!rs 10 be paid to the' said Contractor
(thc"Contract"), and that Affidant bas full power of authority to make this affidavit.
. . . . .
That the City of Paris (the "O~l'1e(') has approved the final estimato on said Work. 3nd that the said
ContraclOr has fully satisfied 8~CS pa~dany and all claims that may be covered by Chapter 53 of tIle Texas
Property Code, and Article 5.160 of tile. Revised Civil Statutes of the State of Texas, Or any other app'Iicable
statu,tes or ch8rter provisions, lIndtha1alljust bills for labor and materilils bave been paid and discharged by
said Conlractot insofar ~ theypcl1ain. t~t he Work ill question. '
That in additi9n to anyftmdswh.ioh may' have been previously paid by the Owner, the Contractor hereby
accepts lhiumount of~iytw~ fhllusar'"ld e.i~ht PUt"ltl rPt1 ll~ r':3~+Wo , Doliars
as FULL AND FINAL PA YMENTllridcf the afore.m::ntioned Corttrael, and hereby waives and releases any
right Affidant andior the Ccintn.clofm~y have to pursue claims of any nature llg~i~t,the Owner arising out
of or in any ~lUUler cOMcctedVt1ththe perfonnance, of the Work andJor the Contracl, including but not
limited to claimS onhird partiesth8.uuppiied material and/or labor for tbe Work for Or through the Contracto~
("Sllbcontractors"); as well as daiJrulfor delay, additionlll compensation or for recoverY of liquidated
damages which may have bee'nwitb.heldby the Owner, The Contractor shall defend; hold hannless and
indemnify the Owner from any such'~lti,ms of such Subcontr:lctors. The Contracrorfurther releases the
Owner from any claim or Liability arising Crom any act or neglect of the Owner relatod to or conriec~ With
the Contrnct This affidavit is given pursuant to the final payment provisions of the Contract, !md shall not ,
be deemed to alter or modify lhetl,'rm5~d provisiON ofsaid Col1tr~ct. (I, ,,' ,
, ',',: Geo.u'i \....Df'pOra.tiOr'\
, Name of Company,
'SUBSCRIB .-
, '~S'(~
1~~. i
'4' .. ;\,$1
,l",,("
KAReN RUTHfiflN10N
NOTlUY Public. Sftce OtTi..,
, Mv C~iQn IillPll~
, " MaV Of;2C10S '
By ~4;?,f',.".. ..
Gse . ' \\j m I Pmidcut
. , this the ~ day of ~J1l1J ,2004.
fY;!,p;U(JniJJ ~A)
Nolaiy Public in and or the State of Tex8s(signat\l(c)
, '
(Notary Seal)
My Commission Expires MIl~ () f ,~OO 5
Name
: CONTRA CI'ORS AFFIDAVIT OF FINAL PA YMRI';T-l
EXHIBIT .1i.