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21-RESOLUTION CLOSING OUT CONTRACT WITH 911 RESTORATIONCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Ptesented By: A.genda Item No.: 11/22/11 Engineering, Planning & Shawn Napier, P.E. Council Date: Development 21. 12/12/11 RECOMMENDED MOTION: Deliberate and act on a resolution closing out the contract with 911 Restoration in the amount of $71,777.00 for the first phase of Hazardous Materials Remediation of the Grand Theater; authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Contract BACKGROUND: The City of Paris was awarded a$200,000.00 EPA Brownfield Grant to clean up the Grand Theater. The City's match for the grant was $40,000.00, for a total project budget of $240,000.00. The City of Paris contracted with Terracon (environmental consulting firtn) to determine what hazardous materials and waste are on site and to developed plans and specifications for removal of the waste. The project was split into two phases. Phase I cleaned up the fa~ade, entry area, slopped hallway and the second floor above the slopped hallway. Phase II cleanup will be the remainder of the Grand Theater. Terracon is currently preparing the plans and specification for Phase II removal of the hazardous materials and waste in accordance with applicable state and federal regulations. The costs are as follows: Architectural Inventory by Denney Architects (not to exceed $15,000.00), administrative fees by Municipal Development Services ($10,000), Environmental services by Terracon ($66,480.00) and 911 Restoration ($71,777.00). The remaining fund balance is just over $76,000.00 for Phase II of the cleanup and some temporary construction work to facilitate the cleanup. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution and pictures ACTION: BUDGET INFO: Grant, City match ❑ Financial Report ❑ Minute Order Expense $71,777.00 ❑ Department Report Z Resolution Budgeted Amt. $240,000.00 ~ Presentation ❑ Ordinance yTD Actual $76,757.19 ($25,840 spent in the ❑ Public Hearing ❑ Other revious two Bud et ears Acct. Name Grand Theater - Brownfield Grant Acct. Number 25-0352-40-00 FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration Z City Clerk E Engineering, Planning &Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities City of Paris Revised 2/04/08 11q DRAFT 2 f:attorney\reswork\current\closeout contract 911 restoration 12-12-11 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING FINAL PAYMENT TO 911 RESTORATION AND CLOSING THE CONTRACT FOR PHASE I OF THE HAZARDOUS MATERIALS REMEDIATION OF THE GRAND THEATER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 22, 2011, the City Council of the City of Paris passed Resolution No. 2011-070, awarding the contract for the removal of hazardous materials and waste in the Grand Theater in the City of Paris, Texas; and, WHEREAS, the City Engineer recommends that the contract now be closed upon receipt of an executed Affidavit of Final Payment and Release of All Claims from 911 Restoration; and, WHEREAS, the final payment to 911 Restoration Inc., in the amount of $7,177.00 should, in all things, be approved and the City Manager should be authorized to execute any necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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. That final payment to 911 Restoration, Inc. in the amount of $7,177.00 be approved and the closing of the contract for the Hazardous Materials Remediation Phase I, be accepted upon receipt of an executed Final Payment and Release of All Claims Affidavit by 911 Restoration, Inc. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, any necessary documents. Section 4. That this resolution shall be effective immediately upon passage. PASSED AND APPROVED this 121h day of December, 2011. A.J. Hashmi, M.D., Mayor I .'n