2011-055 RES APPROVING FINAL PAYMENT TO RICHARD DRAKE CONSTRUCTION CO.RESOLUTION NO. 2011-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING FINAL PAYMENT OF $12,230.65 TO RICHARD DRAKE
CONSTRUCTION CO., LP FOR THE TRAIL DE PARIS EXTENSION
BETWEEN SE 8TH AND 12TH STREETS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on August 25, 2008 the City Council of the City of Paris passed
Resolution No. 2008-068 awarding the contract for "Trail de Paris 0.8 Mile Eastern Trail
Extension Project," to Richard Drake Construction Company of Paris, Texas; and,
WHEREAS, this section of the Trail de Paris has been completed. The Majority of
this section was funded through a Texas Parks and Wildlife Recreations Trail Grant in the
amount of $120,000.00. The grant required a 20% match from the City of Paris. City
crews installed box culverts and filled in some low areas along this section of trail. All of
the work performed by the city is credited toward the 20% required match. Additional
funds came from Kiwanis, Keep Paris Beautiful, and the Chamber of Commerce in the
amount of Five Thousand Dollars ($5,000.00) each and Lamar Power Partners donated
Two Thousand Five Hundred Dollars ($2,500.00). A total of Seventeen Thousand Five
Hundred Dollars ($17,500.00) was donated for this portion of the Trail de Paris.; and,
WHEREAS, the City of Paris Engineering, Planning and Development staff
recommends closing the contract and making final payment in the amount of ($12,230.65)
to Richard Drake Construction, LP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. The City Manager is authorized to make final payment to Richard
Drake Construction Company, LP for the referenced project upon receipt of an executed
Contractor's Affidavit of Final Payment and release in accordance with the document
attached hereto as Exhibit "A".
Section 3. This resolution shall become effective from and after the date of
passage.
PASSED AND APPROVED this 1 1ih day of
ATTEST:
,
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ity Attorney
THE STATE OF TEXAS
COUNTY OF LAMAR
CONTRACTOR'S AFFIDAVIT OF
FINAL PAYMENT AND RELEASE
BEFORE ME the undersigned authority, on this day personally appeared
("affiant") who, after being duly sworn, deposes and says that
he is of Richard Drake Construction Company, LP a Limited
Partnership of Lamar County, State of Texas (the "Contractor"), which said Contractor was
awarded the contract dated August 25, 2008, for the Trail de Paris extension between SE
gtn and 12th Streets ("The Work") for a total consideration of One Hundred Twenty-Two
Thousand Three-Hundred Six Dollars and Fifty/100 ($122,306.50). The majority of this
section was funded through a Texas Parks and Wildlife Recreations Trail Grant in the
amount of $120,000.00. The Kiwanis, Keep Paris Beautiful and the Chamber of Commerce
provided $5,000.00 each and Lamar Power Partners donated $2,500.00. The balance due
is Twelve Thousand Two-Hundred Thirty Dollars and 65/100 ($12,230.65) to be paid to
Richard Drake Construction Company, LP, ("Contractor") and the affiant has full power and
authority to make this affidavit.
That the City of Paris (the "Owner") has approved the final payment and that the said
Contractor has fully satisfied and paid any and all claims that may be covered by Chapter
53 of the Texas Property Code, and Article 5160 of the Revised Civil Statutes of the State of
Texas or any other applicable statutes or charter provisions, and that all just bills for labor,
equipment, and materials have been paid and discharged by said Contractor insofar as they
pertain to the Work in question.
That in addition to any funds which may have been previously paid by the Owner, the
Contractor hereby accepts the amount of Twelve Thousand Two-Hundred Thirty Dollars
and 65/100 ($12,230.65), as FULL AND FINAL PAYMENT under the aforementioned
Contract, and hereby waives and releases any right Affiant and/or the Contractor may have
to pursue claims of any nature against the Owner arising out of our in any manner
connected with the performance of the Work and/or the Contract, including but not limited
to claims of third parties that supplied material and/or labor for the Work for or through
the Contractor ("Subcontractors"), as well as claims for delay, additional compensation or
for recovery of liquidated damages which may have been withheld by the Owner. The
Contractor shall defend, hold harmless and indemnify the Owner from any such claims of
such Subcontractors. The Contractor further releases the Owner from any claim or
liability arising from any act or neglect of the Owner related to or connected with the
Contract. This affidavit, is given pursuant to the final payment provisions of the contract,
and shall not be deemed to alter or modify the terms and provisions of said Contract.
1\ o
EXHIBfT -
RICHARD DRAKE CONSTRUCTION
COMPANY, LP.
Signed
Printed IVame and Title
SUBSCRIBED AND SWORN TO BEFORE ME, THIS DAY OF
. 2011.
Notary Public
For The State of Texas
Printed name of Notary
My Commission Expires