11-DELIBERATE/ACT ON RES AUTHORIZING FINAL PAYMENT OF $10,359.06 AND CLOSING CONTRACT WITH SPANN CONCRETE CONSTRUCTION FOR PERISTYLECITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
6/1/12
Engineering, Planning &
Shawn Napier, P.E., Director of
Council Date:
Development
Engineering, Planning and
11.
6/ 11 / 12
Development
RECOMMENDED MOTION:
Deliberate and act on a resolution authorizing final payment in the amount of $10,359.06 and closing the
contract with Spann Concrete Construction LLC for the Peristyle renovation project in Bywaters Park;
authorizing the City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Construction Contract
BACKGROUND:
The Peristyle restoration project was completed earlier this year. Spann Concrete did all of the
foundation work and concrete work along with site work and utilities.
Spann Concrete's original contract was $99,899.60. One change order was approved by City Council
that added an additional $3,691.00 to the contract that made the new contract amount $103,590.60. 90%
of the contract amount has been paid to date.
The Leadership in Lamar County class of 2009-2010 raised $68,055.67 towards the project. Keep Paris
Beautiful gave $10,000 to the project and movies in the park raised $1,200. The City paid the remainder
from an account that comes from 5% of the hotel motel tax. This money can only be used for Historic
Preservation.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution; Certificate of Substantial Completion; and photograph
ACTION:
BUDGET INFO:
F-I Financial Report ❑ Minute Order
Expense
$244,049.03 Two Budget Year Totals
❑ Department Report Z Resolution
Budgeted Amt.
$
F~ Presentation ❑ Ordinance
y'TD Actual
$22,097.52
❑ Public Hearing ❑ Other
Acct. Name
Special Account Hotel Tax
Acct. Number
01-03243-00-00
FISCAL NOTES:
REVIEWED AND APPROVED BY:
❑ Administration E City Clerk E Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fite
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
City of Paris Ar Revised 2/04/08
, 4 ,G
D raft
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING FINAL PAYMENT OF $10,359.06 TO SPANN CONCRETE
CONSTRUCTION LLC FOR THE PERISTYLE RENOVATION PROJECT IN
BYWATERS PARK; 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, the Peristyle restoration project was completed earlier this year.
Spann Concrete Construction, LLC did all of the foundation work along with site work and
utilities; and,
WHEREAS, the original contract between the City of Paris and Spann Concrete
Construction LLC was in the amount of $99,899.60. One change order was approved by
the City Council for an additional $3,691.00 making a new contract amount of $103,590.60.
90% of the contract amount has been paid with $68,055.67 from Leadership in Lamar
County class of 2009-2010, $10,000.00 from Keep Paris Beautiful and $1200.00 raised by
Movies in the Park. The City of Paris paid the remaining $13,975.87 with funds from 5%
of the Hotel Motel Tax that can only be used for Historic Preservation; and,
WHEREAS, the City of Paris Engineering, Planning and Development staff
recommends closing the contract and making final payment in the amount of ($10,359.06)
to Spann Concrete Construction LLC for the Peristyle renovation project in Bywaters Park.
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 Spann
Concrete Construction, LLC for the Peristyle renovation project in Bywaters Park 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
1 1 43
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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Jun UEi 1?Uy:'~'La 5pann C;c^c=ete
36/05l2@12 15:18 9037041798
TIiE STATE OF'Z'EXAS
COUNTY OF LAMAR
CITY QF F'ARIS
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P, I
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CQNTRACTOR'S AFFIDAVIT OF
FIPIAL PAYMEN'i` AND RELEASE
BEFQRE )4E,- 1 the undersigrted authority, on this day personaUy appeared
wtxo, after being dulg sworn, deposes and says that
he is of Spann Concrete Construction, i.LP a I,imite d Yarmers}iip
of Lamar eounty, State of Texas (the "Contractor"), wYzich said CQntractor was nwarded the
eontract dated Becember 20, 2010, fo: the Feristyle renovation project in Bywaters Park
("The Work") for a torat cnnsideration of 'TWO HUNDRED FQR'I'Y PQIJR THOUSAa D
FQRTY yINE UC7LLARS AND 03 f 1Q0 (244,049,03). The Leadership in l,atnar Coun.ty
of 2009-2010 paid $68,055.67. Keep Paris Beavtiful paid $10,000A0, Movies ln the Park
paid $1200.00 and $13,975,87 t,vas paid tiy The City of Paris fram ttie Hotel MOtei Tax for
E(istoric PreservatSon use. The balante due is Ten 'fhoUSand Three Hundred Fifty iNirte
Aaitars and 06Ji04 ($10.359.06) tv be paid to Spann Loncrete Construction, L:.P
("CotttracCar") anu the affiant has full power arsd aukhority to make this afFdavit-
That the City of Paris (the "Owner") has approved the final payment and that the said
Co»tracto: has fuliy satisfied and paid any and at] claims that may be covered by Chaptee
53 of the T'exas Property Code, and Ar;icle 5160 of the Revised Civil 5tattttes ot'the State of
Texas or any nther apnlicable statuCes or charter provisions, and that all just bi?Is `or labor,
equipnlenG and materSals have been paid and disclaarged by said ContYactor inscfar as they
pertain to the Work itt question.
That in addition LQ any funds which rnay have been previously paid by the Owner, the
Contractor hereby accepts the amoun: of 'Z'en Thausand Three Hundred Fiity NiTte Dtillal's
and 06/104 ($10,359.06), as EULL AND FINAL PAYMENT under fine aforemencioned
Co:itraa, and hereby Watves and releases any right Affiant and/'or the Contrac:tur may hdvc
to pursue claims of any nature against the Owner arising out of our in any manner
caanected wiCh the perforrnance of the Work and/or the Contract, including but not Iimitcd
to claims of third oartie5 :hat sugplied material and/or tabaz for the Work for or thrvugh
the Contractc+r ("SubMnti'Af.tnr,"), as wf-tl ar, claim.s far detay, additionai cflmpensation or
for recavery of liquida:ed darnages which may have been w3thheld by t-he Owner. The
Contractor $hali defend, hold harmless ar.d indernnSfy the Qume.r Froza any such c'iaims of
such 5ubcontractors. The Contramr further releases the Owner from ar.y daim or
liabiIiry arising from any act or neglect of t.he Owmer related to ar connerted with the
Cpntract. This afficiavit, is gaven pursuant to tfie final pa,vment pravisions of the eontracG
and shail not be deemed to altei- or rnodify the terms and provisidns of said Contrac' •
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Signed
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Yrinted Name~andTitte
SItBSGRIBED AND SINORri Ta BEFORE ME, THIS DAY OE
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For The Siate oF'i'c;xas
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rtotary ?ublic. sta•e c ` te,cas
My CoItmi<_sion b'piics
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Prin.ed narne of Notary
My Commission Expi: es %.~'i
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D~nnco"qCERTIFICATE OF SUBSTANTIAL COMPLETION
PKHITICC51
Date of Issuance: April 30, 2012
Owner:
City of Paris, Texas
Contractor:
Spann Concrete, LLC.
Project:
Bywaters Park Peristyle
Contract For:
General Construction (Less Stone Restoration)
Contract Date:
December 23, 2012
Project or Designated Portion shall include: Entire Work
The Work performed under this Contract has been reviewed and found to be substantially complete. The
Date of Substantial Completion of the Project or portion thereof designated above is hereby established as
April 30, 2012, also the date of commencement of applicable warranties required by the Contract
Documents, except as stated below.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the
Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the
Owner can occupy or utilize the Work or designated portion thereof for the use of which it is intended, as
expressed in the Contract Documents.
A list of items to be completed or corrected, has been prepared by the Contractor and verified and
amended by the Architect. The failure to include any items on such list does not alter the responsibitity of
the Contractor to complete all Work in accordance with the Contract Documents. The date of
commencement of warranties for items on the attached list will be the date of substantial completion.
DENNEY ARCHITECTS
Architect
INC. ~°4e & L
By Paul K. Denney
~J30/ Z~0/2>
Date 4/30/2012
The Contractor will complete or correct the Work on the list of items attached hereto within 00 days from
the above Date of Substantial Completion. 19
SPANN CONCRETE, LLC.
Contractor
The Owner accepts the Work or d
possession thereof on May 1, 201
CITY OF PARIS
01
By vaic
portion thereof as substantially complete and will assume full
r
Owner
30 /
Date
Certificate of Substantial Completion - Page 1 of 1
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