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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:. f) ~ r 4~ Jun 06 1"L U9:S2a Spann C;oncrete 06/05t7E12 1E:18 9@37841798 CITY Or -'ARIS ;)veyaroy i D Par,FE e: /0a 5pgnp Cqiicrete COAStnlCtiOA, LLP. E'i ~ 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 Rpll('b, 2C114~ ~ r--. 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 ~ ; i ~ . ~ ~ ~'s ~a ..E.'~~ ~~t i i t~ , ~ . . ; ~ ~4,~. T ,n` - . . ~ a ~ ~t ° . ~ ar ~ - alf * ~~..a ~ ~ f . . 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