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2004-078-RES approving change orders no one and two and final to contract #3 with hargis electric for electrical work for the sports complex RESOLUTION NO. 2004-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CHANGE ORDERS NO. ONE AND TWO AND FINAL TO CONTRACT #3 WITH HARGIS ELECTRIC FOR ELECTRICAL WORK INCLUDING ELECTRICAL DISTRIBUTION SYSTEM, SOFTBALL FIELD LIGHTING AND MISCELLANEOUS ELECTRICAL 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 #3 for electrical work including electrical distribution system, softball field lighting and miscellaneous electrical for the "Paris Sports Complex," to Hargis Electric; and, WHEREAS, MHS Planning & Design, acting as project engineer, recommends the amendment of the contract for said project by Change Order No. One, to deduct for using direct burial light poles for Field #1, Field #2, Field #3, and Field #4, and providing for a net decrease of $10,500.00 in the contract price; and, WHEREAS, MHS Planning & Design, acting as project consultant, recommends the amendment of the contract for said project by Change Order No. Two, to deduct for front sign lights and addition for extending pipes for future fields past circle in sidewalk as shown on Exhibit B attached hereto, providing for a net decrease of $1362.00 in the contract price, for a total contract price of $196,494.00; and, WHEREAS, the form of Change Orders No. One and Two and Final, attached hereto as Exhibits A, B, and C, 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 fmdings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the form of Change Order No. One to Contract #3 with Hargis Electric. for electrical work including electrical distribution system, softball field lighting and miscellaneous electrical for "The Paris Sports Complex, " attached hereto as Exhibit A, to deduct for using direct burial light poles for Field #1, Field #2, Field #3, and Field #4, and providing for a net decrease of $10,500.00 in the contract price, be, and the same is hereby, approved. Section 3. That the form of Change Order No. Two to Contract #3 with Hargis Electric for electrical work including electrical distribution system, softball field lighting and miscellaneous electrical for "The Paris Sports Complex," attached hereto as Exhibit B to deduct for front sign lights and addition for extending pipes for future fields past circle in sidewalk as shown on Exhibit B attached hereto, providing for a net decrease of$I,362.00 the contract price, for a total contract price of $196,494.00, be, and the same is hereby, approved. Section 4. That the Contractor's Affidavit of Final Payment and Release to Contract #3 with Hargis Electric for electrical work including electrical distribution system, softball field lighting, and miscellaneous electrical for "The Paris Sports Complex," attached hereto as Exhibit C, providing for a final payment of $18,423.60, be, and the same is hereby, approved. Section 5. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, said Change Orders No. One and Two and Final, upon the terms and conditions and in the form shown in Exhibits A, B, and C attached hereto. Section 6. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this12th da?f AP~, 2004. ~-~:~ ATTEST: .~ ~~~'"'--~~~ ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ': .lMHS PLANNING.t: DESIGN Order #1 Date: August 5, 2003 CONTRACT CHANGE ORDER Contract For: Paris Sports Complex - Electrical (Contract #3) City of Paris Owner: To: Hargis Electric Contractor You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Charges Su Iemental Plans & S iflCations Attached Decrease In Contract Price Increase In Contract Price 1.) Deduct for using direct burial light poles for Field #1. $3,150.00 2.) Deduct for using direct burial light poles for Field #2. $3,150.00 3.) Deduct for using direct burial light poles for Field #3. $2,100.00 4.) Deduct for using direct burial light poles for Field #4. $2,100.00 Totals $10,500.00 $0.00 Net Change in Contract Price: ($10,500.00 Justification: To improve overall project. The amount of the contract will be decreased by the sum of: Ten Thousand, Five Hundred Dollars and .00/100ths ($10,500.00) The contract total including this and previous change orders will be: One H.undred and Ninety-Seven Thousand, Eight Hundred and Fifty-Six Dollars and 101 100ths. $197,856.00 The contract period provided for completion will be unchanged by: -0- days for a total # of 120 days. Contract completion is therefore: Dece~~6. 2003. Thj~ment will become a supplement to the contract and all provisions will apply hereto. Requosted -z;/ ~ "- ;/# L // "" ......0;...... ..Pubic w_ ~ H<<tu. Owner's Consultant ~ . Spencer. MHS PIonnjng & Ileslgn ~f~ Date Recommended: Date Accepted: Date EXHIBIT .:a.. ,~ M.BS /"LANNlNG" DESIGN Order #2 Date: December 1 , 2003 CONTRACT CHANGE ORDER Contract For: Paris Sports Complex - Electrical (Contract #3) City of Paris Owner: To: Hargis Electric Contractor You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Charges Su lemental Plans & S ifjcations Attached Decrease In Contract Price Increase In Contract Price 1.) Deduct for front sign lights $1,800.00 2.) Addition for extending pipes for future fields past circle in sidewalk $438.00 Totals $1,800.00 $438.00 Net Change in Contract Price: ($1,362.00 Justifjcation: To improve overall project. The amount of the contract will be decreased by the sum of: One Thousand, Three Hundred, Sixty-Two Dollars and .00/100ths ($1,362.00) The contract total including this and previous change orders will be: One Hundred and Ninety-Six Thousand, Four Hundred and Ninety-Four Dollars and 00/ 100ths. $196,494.00 The contract period provided for completion will be unchanged by: -0- days for a total # of 120 days. Contract completion is therefore: December 6, 2003. This document me a supplement to the contract and all provisions will apply hereto. j/Y/ om. /z ftJ? Date . fz--2,f=-O) Date Requested: Recommended: Accepted: EXHIBIT Jl. . Apr 05 04 02: 46p p.2 TIlE STA 1EOfTEXAS CONTRACfOR'S AFFlDA vrrOF FlNALPA YMENf AND RELEASE OOUNTY Of BEFORE ME, the undeasigned 81Ilhorly, 011 this day petD1EIIly appeared' b r I fAN W r:)e.G I S ("afiidant"). wOO, a1tcr being by me duly sworn, ~ and says 1tEt he 5 0.. l'V'\~b.l. r-- .a I-\AR.(",~ 1::'L.ECTt7.c. ~. (ccrpomtion,partnefship,tradename)ofJ-.ftrYlflIZ C~, Slate of Texas (the "Colllractcr'), which said Con1r3ctor was awmded the contract dated me _day of . 2004, for the c.onstruction of '1>AR \~ Sr'~i' ( nt;'~r\~../ ('1:M.+r.....+?! at -p M 1<, ,-rX (the "WOIk"), 'fOr a 10lal ccmicleralion 0 --: I~, ~ 3, ~o Dollars to be paid 10 the said Contnldor (the "Cartrc1:t"), and thatAfliant has full JXlWeI"1o authorit)' to make this affidavit That L ~~ rA 1=' A-\<"I'5 (the "CMrer'') has approved the final estimate on said WOJk, and that 1he said Contractor has fully satisfied ll1d paid any and all claims that may be covered by Chapter 53 of1he Texas property Oxle, and Article 5160 of the Revised Civil Stallies of1he Stale of Texas, or any other applicable sfatules or char1er provisi<lr6, and that ll1I jl& bills for labor and materials have been paid and discharged by said Contmc1or insofar ~ they per1ain to the Work in question. That in addi1ion to any funds vA1ich may have beeI1 ~ paid by the Owner, the Contractor hereby a:cepls tTe amount of 1'=':11'~~H,,-nl"J'Q."'Cll't,~d"h1dru{ ~~4~r~,)ili'~1Jars as FULL AND FINAL PAYMENf under the a:ftrernentione Co tra::t, and hereby waives m:I releases any rigHt Affiant and/cr the Contractor may have to pursue claims of any l1lture against the Ov..r:er arising Olt of or in any manner connectI:d with the perfonnance of the Work andIcr the Cootmct, including but not timited 10 claims ofthirU parties ttm supplied rnaIeriaI and/or labor fur the WOlk for or1hrough the Contractor C'Su1:x:onba:tors"), M wen as claims for delay, additional comper15ation or for m::overy of liquidated damages which may hfr,ll been withheld by the O-\ner. The Conlractor shall defend, 00kl harmltss and in:IemnifY the 0v.11er from any such claims of such SuOContractoo. The Contractor firiler releases 1he Owner fiom any claim or liabtlity arising from any act or neg1ect of the Ovmer related 10 or connected with the Contrnd. This affidavit. is gr.'eI1 pursuant to the final payment provisions oftre Contract, and shall not re deemed to a.lter orrr.cdi1Y 1hetenns and provisions of said Col1tract. ~~ ~~' 11 1!7- ~. NOTARYPUBUC k)j, ~ ~,~,. STATEOFTEXAS '. ~ NyC___ ' - fJi;w tWo/$ Affiant Printed Name SUBSCRIBEDAJ\D WORN TO BEFORE ME,. TI-ilS THE 5:DA YOF ~ }(~Jl~).. '(Y\(A..~~ r \ (Notal)' Seal) . A.D. 2004 (NolaIy Public. in and fur1he Stale ofTexas) _J/CLLIP f1)4R..TJN (Prinled NameofNotay) MyConunissionExpires q /2- /01 EXHIBIT L