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09-DELIBERATE/POSSIBLY ACT ON RES AUTHORIZING FINAL PAYMENT OF $8,521.30 AND CLOSING CONTRACT WITH JB & L UTILITY CONTRACTORSCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 06-01-2012 Engineering, Planning Shawn Napier, P.E. Director of Council Date: & Development Engineering, Planning & 9. 06-11-2012 Development RECOMMENDED MOTION: Deliberate and possibly act on a Resolution authorizing final payment of $8,521.30 and closing the contract with J.B. & L Utility Contractors for the Texas Department of Rural Affairs (TDRA) CDBG Sewer System Improvements project; and autharizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Contract BACKGROUND: This sewer line project has been completed. The project replaced a sewer line between W. Sherman St. and W. Washington Street through Union Pacific Railroad property. This section of sewer lines had been a source of inflow and infiltration into the city's sewer system. The original grant was in the amount of $250,000 and required a 20% match. The City of Paris awarded a Phase II project to B. Bray Construction in the amount of $115,269.00 at the May 14`" City Council Meeting for additional sewer system improvements. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $132,291.89 ❑ Department Report Z Resolution Budgeted Amt. $ Grant ❑ Presentation ❑ Ordinance yTD Actual $64,616.76 ~ Public Hearing ❑ Other Acct. Name CDBG Sewer Line #729599 Acct. Number 25-0353-40-00 FISCAL NOTES: REVIEWED AND APPROVED BY: ❑ Administration 0 Ciry Clerk Z Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities City of Paris Revised 2/04/08 31 D raft RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING FINAL PAYMENT OF $8,521.30 TO JB&L UTILITY CONTRACTORS FOR THE TEXAS DEPARTMENT OF RURAL AFFAIRS (TDRA) 2009 CDBG SEWER SYSTEM IMPROVEMENT PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on May 23, 2011 the City Council of the City of Paris passed Resolution No. 2011-049 awarding the contract for the 2009 CDBG Sewer Systems Improvements Phases III and IV Project to JB&L Utility Contractors ; and, WHEREAS, the 2009 CDBG Sewer Improvements Project has been completed. Funding for Phases III and IV of the Sewer System Improvements Project was 80% from the Texas Department of Rural Affairs (TDRA) and a 20% match from the City of Paris; and, WHEREAS, the City Engineer recommends closing out the contract with JB&L Utility Contractors and making final payment in the amount of ($8,521.30) to JB&L Utility Company. 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. The City Manager is authorized to make final payment to JB&L Utility Contractors 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 11th day of June, 2012 A.J. Hashmi, M.D., Mayor - 32 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 33 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 JB&L Utility Company of Lamar County, State of Texas (the "Contractor"), which said Contractor was awarded the contract dated May 25, 2011 for the 2009 CDBG Sewer Systems Improvements Phases III and IV Project ("The Work") for a total consideration of Eighty Five Thousand Two Hundred Thirteen Dollars and no/100 ($85,213.00). The balance due is Eight Thousand Five Hundred Twenty One Dollars and 30/100 ($8,521.30) to be paid to JB&L Utility Company, ("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 Eight Thousand Five Hundred Twenty One Dollars and 30/100 ($8,521.30), 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. jB&L Utility Company Signed t EXHIBIT`~.. Printed Name and Title 34 SUBSCRIBED AND SWORN TO BEFORE ME, THIS DAY OF , 2012. Notary Public For The State of Texas Printed name of Notary My Commission Expires 35