05-N-3 Hargis COs
DRAFT
F:\Attorney\ALICE\RESWORK\CURRENT\Sports Complex Contract #3 - Change Orders No. 1 & 2 & Final.wpd
April 8, 2004
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING CHANGE ORDERS NO. ONE AND TWO
AND FINAL TO CONTRACT #3 WITH HARGIS ELECTRIC FOR
ELECTRICAL WORK INCLUDING ELECTRICAL DISTRIBUTION
SYSTEM, SOFTBALL FIELD LIGHTING AND MISCELLANEOUS
ELECTRICAL FOR THE PARIS SPORTS COMPLEX; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS,
the City Council of the City of Paris did heretofore, on the 8th day of May,
2003, in Resolution No. 2003-081, award Contract #3 for electrical work including electrical
distribution system, softball field lighting and miscellaneous electrical for the "Paris Sports
Complex," to Hargis Electric; and,
WHEREAS,
MHS Planning & Design, acting as project engineer, recommends the
amendment of the contract for said project by Change Order No. One, to deduct for using direct
decrease
burial light poles for Field #1, Field #2, Field #3, and Field #4, and providing for a net
of $10,500.00 in the contract price; and,
WHEREAS,
MHS Planning & Design, acting as project consultant, recommends the
amendment of the contract for said project by Change Order No. Two, to deduct for front sign
lights and addition for extending pipes for future fields past circle in sidewalk as shown on
decrease
Exhibit B attached hereto, providing for a net of $1362.00 in the contract price, for a
total contract price of $196,494.00; and,
WHEREAS,
the form of Change Orders No. One and Two and Final, attachedhereto as
Exhibits A, B, and C, should, in all things, be approved, and the Mayor should be authorized to
NOW, THEREFORE,
execute the same;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1.
That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2.
That the form of Change Order No. One to Contract #3 with Hargis Electric.
for electrical work including electrical distribution system, softball field lighting and
miscellaneous electrical for "The Paris Sports Complex," attached hereto as Exhibit A, to deduct
for using direct burial light poles for Field #1, Field #2, Field #3, and Field #4, and providing
decrease
for a net of $10,500.00 in the contract price, be, and the same is hereby, approved.
Section 3.
That the form of Change Order No. Two to Contract #3 with Hargis Electric
for electrical work including electrical distribution system, softball field lighting and
miscellaneous electrical for "The Paris Sports Complex," attached hereto as Exhibit B to deduct
for front sign lights and addition for extending pipes for future fields past circle in sidewalk as
decrease
shown on Exhibit B attached hereto, providing for a net of $1,362.00 the contract price,
for a total contract price of $196,494.00, be, and the same is hereby, approved.
Section 4.
That the Contractor's Affidavit of Final Payment and Release to Contract #3
with Hargis Electric for electrical work including electrical distribution system, softball field
lighting, and miscellaneous electrical for "The Paris Sports Complex," attached hereto as Exhibit
C, providing for a final payment of $18,423.60, be, and the same is hereby, approved.
Section 5.
That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, said Change Orders No. One and Two and Final, upon the terms and
conditions and in the form shown in Exhibits A, B, and C attached hereto.
Section 6.
That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED
this12th day of April, 2004.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
, \
MHS
Order #1
Date: August 5, 2003
PLANNING a DESIGN
CONTRACT CHANGE ORDER
Contract For:
Paris Sports Complex - Electrical (Contract #3)
City of Paris
Owner:
To:
Hargis Electric
Contractor
You are hereby requested to comply with the following changes from the contract plans and specifications:
Description of Charges
Supplemental Plans & SDeCiflC8tions Attached
Decrease In
Contract Price
Increase In
Contract Price
1.) Deduct for using direct burial light poles for Field #1.
$3,150.00
2.) Deduct for using direct burial light poles for Field #2.
$3,150.00
3.) Deduct for using direct burial light poles for Field #3.
$2,100.00
4.) Deduct for using direct burial light poles for Field #4.
$2,100.00
Totals
$10,500.00
$0.00
Net Change in Contract Price:
($10,500.00
Justification: To imPfOVe overall project.
The amount of the contract will be decreased by the sum of: Ten Thousand, Five Hundred Dollars and .00/100ths
($10,500.00)
The contract total including this and previous change orders will be: One Hundred and NinetY-Seven Thousand, Eight Hundred and Fifty-Six Dollars and 101
100ths.
$197,856.00
The contract period provided for completion will be unchanged by: .(). days for a total # of 120 days.
Contract completion is therefore: Dece~6, 2003. Th~ument will become a supplement to the contract and all provisions will apply hereto.
Requested: 9 ~ Owner ø~~ Dote
Recommended: g~ I' nd, Director of PubflC Works Owne~s Consultant #3 Date
...-7 J ,.ra~ . Spencer, MHS Planning & DesIgn f7 I
Accepted: -1M. ~ Contractor --~'M~ Date
r J l!lvan Hargis, Hargis Electric, L.L.C.
'-../
EXHIBIT ..a..
~
MHS
( I'LANNING& DESIGN
Order #2
Date: December 1, 2003
CONTRACT CHANGE ORDER
Contract For:
Paris Sports Complex - Electrical (Contract #3)
City of Pañs
Owner:
To:
Hargis Electric
contractor
You are hereby requested to comply with the following changes from the contract plans and specifications:
Description of Charges
Su lemental Plans & S ifications Attached
Decrease In
Contract Price
Increase In
Contract Price
1.) Deduct for front sign lights
$1,800.00
2.) Addition for extending pipes for future fields past circle in sidewalk
$438.00
Totals
$1,800.00
$438.00
Net Change in Contract Price:
($1,362.00
Justification: To improve overall project.
The amount of the contract will be decreased by the sum of: One Thousand, Three Hundred, Sixty-Two Dollars and .00/100ths
($1,362.00)
The contract total including this and previous change orders will be: One Hundred and NinetY-Six Thousand, Four Hundred and Ninety-Four Dollars and 00/
100ths.
$196,494.00
The contract period provided for compietion will be unchanged by: .(). days fora total # of 120 days.
Requested:
e a supplement to the contract and all provisions will apply hereto.
j!y/oate
/Z'¡"()~Dale
.
Recommended:
Accepted:
fL. 2.ç.o~ Dale
EXHIBIT JL
Apr 05 04 02:46p
p.2
THE STATE Of TEXAS
CONrRACIORS AFFIDA vrrOF
fINAL PAYMENT' AND RELEASE
COUN1Y OF
BEFORE ME, 1be undeIsigned auttmy, on tI1s day peIDlEÙly appemaJ.~)r I A N W ~e.b I ')
("affidant"), wID, after being by me dulyswom, de¡xJsesand says that he
is {}. "",~,,~ r- .a ~AR.1<I" '~LHT~,( æ. (capom!ioo,partnelShip,tradename)of k~""f1I" County,
Sœæ of Texas (1he "Co1lll3ctol"), v.i1ich said Con1l3CtOr was awmrled the contract dæd 1he -day of --' 2004, fur the
cx:msIrIJC joo of \>AR \'- ~f"r'K C """'4"\~'" r"".,-+c~<+" at l' AA ,"', -r--.' (the
"WoIk"), fòr a 1DIal oonsideralion 4; I<;? 'I :>" v,Q DoIIæs tJ be paid tJ 1be said Comdor (1he "Ca1tnI:t"), and
that Affiant has full """",,10 auIhorily to make this afIidavit.
That C ~\v. ,..,J; Î' ....1<.", (the "Qwra') hasapptU\":d 1he final csômaleon said Wod<, 1I1d1hal1he said Contractor has fully
satisfied II1d peJd any and all claims that may be tOVeI<d by 01apœr 53 of1he Texas property Code, and A11icle 5160 of1he Revised Civi
S- of the S1æ: of Texas, 01' anyO1her applicable -...- provisions, and that aDjust bills for labor and rmæriab have been paid
II1d ~ by said Con1l3CtOr insofur as they perI3in to the WOIk in quesion.
That in Mdition t> any funds ,.,;jch may have been ~ paid by the Owrer, the Contt'ac1ar hereby a:œpIs 11-", amount of
~"'",'~nC{ ¡¡"c~".,d(uI1T......I"-tk,,,...Þ"IfIóUsrs as FULL AND ANAL PAYMENT' under the .&..g.~,",..,d
COh1l3::i,and hereby waives and rei..... any riglit Man! sndkr the ConIra:tor may have to pur¡ue claims of any rBure against 1he Owrer
arising au: of or in any manner connected with the perfoormœ of the Wod<. andkr 1he Contract, irduding but not Iimi1ed 10 claims of tbitd
parties that supplied maIaiaI arxVor labor fur 1be Wod<. fòr or1taougb 1be Cœ1ractor (SubconJa::too"), as well as claims for ŒIay, Wdiôonal
~ or fur """""'Y ofliqui:laœd damages v.i1ich may have been withheld by1he D.\œr, The ConIra:tor shaIJ dclinI, 00Id haJtnlæ¡
and indenmny 1he Û\\TIer fiom any such claims of such Su0C0ntrnct0r3. The Con1rætJJr fuI1her releases the Owner fiom any claim or liability
arising fiom any act or regIect of 1he Owner reIaIed 10 or connected with 1he Cootrnct This affidavit, is given pursu¡rt 10 1he final pa;nænt
-0 ;;;;.. - ._k_w 2t;5z
:C=':"'~7 ußI1.jW IÚIZ¿~
Affiant
Printed Næœ
SUBSCRIBEDAJ\D WORN TO BEFORE ME, THlSrnE5:'OAYOf ~ .A.D.3:J04
If 2. ~ 1.: J- (Ý\ ()...~
, \
(Notary Seal)
(Notuy Public, in and furthe StBte offexas)
¡..('£LLIF f'1~R.T/'"
(PrinIedNameofNOIaIy)
My Commission Expi... q l~r I en
EXHIBIT L