2012-062 RES AUTHORIZING FINAL PAYMENT OF $10,359.06 TO SPANN CONCRETE CONST LLC FOR PERISTYLE RENOVATION PROJECT IN BYWATERS PARKRESOLUTION NO. 2012-062
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
ATTEST:
1
ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McII , ity Atto ey
Jun UEi 12 Vy:b"La 5pann (;o^crete
0Et05i 2012 16;18 9037041798
TTiE STATE QF'~EX-kS
COUNTY OF LAMAR
CI1Y 'lF PARIS
yu:s-y~~-~y? 5
n"l
,P,AGE 02% f93
CONfiRACTOR'5 AFFInAVIT OF
FINAL PAYMENT ANA RELEASE
BEFQgE ~ME. ^ the undersigrted authority, on this day Personally appeared
("dffianl") wtzo, after being duly, sworn, dcposes and says that
he is r-J•` of Spann Cpncrete Construction, i.LP a T,:mited Partners}iip
of Lamac County, Stote of Texas (the "Cantractor"), which said Contractor was awarded thg
contrart dated December 20, 2010, Fo: the Peristyle renovadon project izt Bywaters Park
( xhe Work") for a total cnnsideradon of TWO HUNDRED FORTY FQUR THOtISAND
FORTY y1NE DULLAFtS AVD 03J100 (244,049,03). The Leadership in Lamaz' Cour.ty class
of 2009-Z010 paid $68,055,67, Keep Paris Beautifu) paid $10,000.00, Movies ln the Park
paid $1200•00 and S13,975.87 vvas paid by The City of Paris from tfie Hotel MOtei Tax for
Hiscoric Preservation use. The balance due is Ten Thoasand Three Hundred Fifty Nine
Dotlars and 06/140 ($10.359A6) to be paid to Spann Concrete Construccion, LLP
("Cpniractor') anr's the affiant has `ull power and aukhority to make this affidavit.
That the City of Paris (the "Owner") has approved the 5nal payment anc3 that the said
Co»tractor has fuliy satisfied and paid any and alI claims that may be covered by Chapter
53 of the Texas i'rope:ty Code, and Ar;icle 5160 of the Revised Civil Statutes of Che State of
labor,
Texa-. ar any nther appiicable st.atutes or chartet prDVisions. and that ail iust bills far,
equipment, and materials have been paid and d•,scharged by said Contractor insofar as they
pertain to the Work in question.
'fhat in addition io any furads which rnay have been previausly paid by the Owner, the
ContraCtar her.eby accepts the amount ofTen Ttaousand Three Hundred FSfiy Ni1te UOliars
and 06/100 ($10,359.06), as EUI.I. AND FINAL PAYMFNT under the aforementioned
Contract, and ktes'eby wpives and releases any right Affiatit and jar the Gantraclor may have
to pursue cIaims of any nature against the Owner arising out of aur in any mannet
cannect+ed with Che performance of the Work and/or the Conttact, including but not limitcd
to claims of third parYies that supplied material and/vr IaboK for the Work for or through
the Gontractar ("Snbcontractnrs"}, as we11 ar claimc far delay, additionai cornpensation or
Ior recovery of liquidased darnage5 Which may havP been withheld by the dwner. The
Contractoc shaIl defend, hn)d harmless ar.d indemnify the Ow»er from any such claims of
suGh Subcontractors. The Contractor further releases the Owner frotn any claim or
liability arising from any act or neglect o( the Ovvner related to flr connetted with the
Contrai-t. This affidavit, is gaven pursuant to the final pa,vrnent provisfons of the contrart,
and shall not be deemed to alter or rnodify the terms and provisitins of said Gontrac:.
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Jun 06 1"L U9:S2a Spann C;oncrete
06/05t7E12 1E:18 9@37841798
CITY Or -'ARIS
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Par,FE e: /0a
5pgnp Cqiicrete COAStnlCtiOA, LLP.
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StgTted
Printed IVame ~and Titte
SUBSCR]BED AND SWORIi TO BEFORE ME, THIS DAY QP
~ 2012.
Kot ~ Pu c
For Ttie State of Texas
quiu~
IZr.HFLL T'~AT~y
M
Notdry Pubiic. Sta'e t` texas
T~' = My Ccmmi:stcxi Exp~res
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Af I~P
Printed name of Notary
My Cammissian Expires ~ )k
A
D C n n (0"9 CERTIFICATE OF SUBSTANTIAL GOMPLETION
PR(HPff5
Date of Issuance: Aprii 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 responsibility 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 ARCHI
Architect
INC. "w4c~
By Paul K. Denney
Date 4/30/2012
The Contractor will complete or correct the Work on the list of items attached hereto within IM days from
the above Date of Substantial Completion. 12 w l
SPANN CONCRETE, LLC.
ontractor
The Owner accepts the Work or d
possession thereof on May 1, 201
CITY OF PARIS
Owner
By
portion thereof as substantially complete and will assume full
*/30/ °Lvi'1>
Date
/21
Certificate of Substantial Completion - Page 1 of 1
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