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17-I Sports Complex #5 DRAFT F:ALICEIRESWORKICURRENTI Sports Complex Contr #5 - Geaux - Final Pmt & Release June 8, 2004 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING CHANGE ORDER NO. TWO AND FINAL PAYMENT AND RELEASE AFFIDA VIT FOR CONTRACT #5 WITH THE GEAUX CORPORATION FOR CONSTRUCTION OF A RESTROOM, RESTROOM/CONCESSION BillLDING, GATEWAY BillLDING, AND ENTRY SIGN (MASONRY, BillLDING, PLUMBING, ELECTRICAL, AND ROOFING) 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 #5 for construction of a restroom, restroom/concession building, gateway building, and entry sign (masonry, building, plumbing, electrical, and roofing) for the "Paris Sports Complex," to the Geaux Corporation; and, WHEREAS, MHS Planning & Design, acting as project engineer, recommends amendment of the contract for said project by Change Order No. Two, by adjusting the Hardware Allowance and the Testing Allowance, and providing for a net decrease of $2,058.00 in the contract price, and, WHEREAS, the form of Change Order No. Two and Contractor's Affidavit of Final Payment and Release, attached hereto as Exhibits A and B, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, 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. Two to Contract #5 with the Geaux Corporation for construction of a restroom, restroom/concession building, gateway building, and entry sign (masonry, building, plumbing, electrical, and roofing) for "The Paris Sports Complex," attached hereto as Exhibit A, to adjust the Hardware Allowance and the Testing Allowance, and providing for a net decrease of $2,058.00 in the contract price, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, said Change Order No. Two, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Section 4. That the Contractor's Affidavit of Final Payment and Release to Contract #5 with the Geaux Corporation for construction of a restroom, restroom/concession building, gateway building, and entry sign (masonry, building, plumbing, electrical, and roofing) for "The Paris Sports Complex," attached hereto as Exhibit B, be, and the same is hereby, approved. Section 5. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 14th day of June, 2004. Curtis Fendley, Mayor ATTEST: Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 05/11/213134 PARIS PUBLIC WORKS '3133784242'3 'MHS PLANN.I NG I!. DES I GN 903 597 0517 . Geaux CorpC1~tJPn, 3907 Old.Sullard Rd.', ~ , P. O. Bœt8510 ' ::' , Tyf.,nO,6101 ' , ~ :: , OH~',~,:,:' lICense: ' ' PAGE 134 113:38 .. p. 5 Change Order' Order#: 2 Order D31e: 0,611012004 To; Paris SPortS Complex " ' , City or Paris ,'"~,,,.' PO Bo~ 9037 ' . ":' ;" Pans TX 7546'-9031' pJ'tlJ&ct: 30610132 Paris Texas' " , .. , ' The œn~cfcr89¡e~ to pert'olm ."dltí~~.¡'.gl'HS to pay for the Io/IWlfng changas tottlb co~':' Ordered Sy:" " ,,' , ell.tomer Order. , ,P.lens Anaçh~ :0 'SP.clfic;Jti~ns Attached 0 Ce.c:rfpUon of Work Hard'MIre Afiowand! ' ,HaMw~ AIIO'4I8nco 5000 Total Spent, ' 4942 ~Iar\ce O\Ned ee Te.allnø Allowance , No tos1!ng was dooe, " , ' Amount , ' -,5MO , ' ,,- , , -<.000,00 "," , ' N ot8S ",' " " ' " " '," "',, Negative ctianQIMwtlllower !tie ~!aI con\n<t: ,', prioe ~I\O additional pe~ by owner,. ' The original CoOl1s6t Sum was Net chang& by previous Change On:J:e,f8 ,', " The Contract ,Sum prlor to this chàm~e'qrder The C,ontract Sum wI/I be changecf,byth!s 'c:hange Order The new Contr~ct Sum InchAding ~r$ Çh,~g8 Order win be ' The Conu:act rIme wU be ctlangadby: ,~, " ' Requested Amount of Change I -2,058.00 , , 211.358.00 0.00 ,Z'1.3S6.00 , -2.058.00 2~,300.00 0 Oays, OWner' ' : ., , """"o""'c9.' ,- , ð.¿; ii,:: Date: Date' 6 -Ie> -0 r,/ , I , ..', , ',.', ", ',:, '.""" '. , EXHIBIT Å , :' 135/11/213134 113:38 91337842429 PARIS PUBLIC WORKS N~SP(ANNING L DESIGN 903 597 0$17 ()oQtractors Affidav(t of Final P"yrnent PAGE 135 F.G STATE OF TEXAS COUNTY OF Smi+h , ) '" :', }, BEFORÈ ME, ilie und~igned authority, on this day' personally app~ared , ' " ,',','"" ("Affidant"), who after bein~bY me duJy ~om, deposes and ~a.ys that he 15 -PrEÞ51rie..rit " , , a --Ie.)(a..~ C:O('t\ðfrlt\ò{\ (corporaholl, partnership, trade ni1t1c) of ,51V\' +b County, SUte ofTe)t~ (the "Contractor") which said Contract~r was tlwud,ed rheè<Jn~act dated the. l!f 't11 ,day of ~,~Jo~ tbe construction of Pans S~t1s' ,Com¡>lt-X, Pans, Texas roe "Work'"). fora tots.lco!1Sideration of " ' ", ," , DoJlsrs 10 be paid to the said COn!r8clor (me"Centrsct"), eod that Affidant hILS full power of authority to make this affidavit That the City of Paris (the "O~~I:;[")h8!l approved the final e5timato on said Work:, 3nd that the said Contractor has fully satisfiC:daJ:\dpåidany and aJl claims that may be covered by Chapler 53 of the Texas Property Code, and ArticleS,! 60 of the Revised Civil Statutes of the State cfTex8!I, or eny other appiicàble staturt:$ Of chartu provisions. lIn.dtlwsHjust biJ)s for labor and materisls have be~plljd andd!scharged by said Contractor insofar ~ t}¡eypcrtain tot he Work in quC3tìon. ' That in addition to anyftmdswh.ich inay have been previously paid by the Owner, the Contractor hereby accepts the amount oflu "",' t , DoJiars as FULL AND FINAL PA YMEN1:~lIlid~r the aforcrn~ntioned Contract, and hereby waives I!I\d rcle21Ses any right Affidaht andior the: Contraètorm"y nave to pursue claims orany natUre ~gaí~tthe Owner arising out of or iri any m,&Mer connected 'Wilhthe perfonna.nce of the Work and/or the Cont:\'I1,ct, including but not 1ímited to claimS ònhird partiesthatsuppIied material and/or labor for the Work fot Or through the Contractor, ("S¡¡bcontractors"), as well IIsclainufor delay, additional compe.nsation or for recovery of liquidated damages which may h2.ve been witbhdd by the Owner, The Contractor shall defend, hOld harmless and indemnify the Owner from any sui:h,~I~ of such Su'bcontr3ctors, The ContJ"acrorfurther rel~ses the Owner from any claim. or iiability arising ûom any ;I.Ct Or neglect of the Owner related 10 or connected With the Conb'8ct, This affidavit isgivenpui'Suant to the (msl payment provisions of the Contract, !U1d shall not be deemed to alter or modify thetðrm5 arid provisions of said ÇonlTact. " ",:' ' \::reau'i t Dr-pO r.rl¡ qA Name of Company, .. , SUBSÇRIB ~~ " ~'~~~~~.'ë~,":.i KARfNRUTHMltnêlN ;:;?\ NOtary Public, Sf... tit ,T...., ~~J ' My C~jQn JiIl'ØII~ , .' :l!~~Ÿ " , May 01:21105 ' . (Notary Seal) , , My Commission Expires MI1~ (\UOO 5 Name ,:CONTRACJ'ORS AFFIDAVIT OF FINAL PA YMRNT-1 EXHIBIT ß..