2012-060 RES AUTHORIZING FINAL PAYMENT OF $8,521.30 TO JB&L UTILITY CONTRACTORS FOR TX DEPT OF RURAL AFFAIRS 2009 CDBG SEWER SYSTEM IMPROVEMENT PROJECTRESOLUTION NO. 2012-060
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 IIl 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 11t" day of Jape, 2012
A.J' I-Ipshmi,,)oi/D., Mayor
ATTEST:
.
LA )Z
gni&ce Ellis, City C erk
APPROVED AS TO FORM:
W. Kent M 1 ar, ' torney
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 a/tiiw~ 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
L--uA.L A.S-k// 0&-rWA
Printed Name and Title
EXHIB'T ~
SUBSCRIBED AND SWORN TO BEFORE ME, THIS O4~( DAY OF
2012.
~,au~~~~ aO~1D
=NOTARYPLIBI. Notary blic
For T he State of Texas
3 A5
!ii~Oi-20-2013 Printed name of Notary
My Commission Expires I - a 0 " oq C) 13