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1991-121-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 91-012 award the bid for RESOLUTION NO. 91-121 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 91-012 award the bid for the construction of the "Wastewater Collection System Replacement Lines, Southeast Lift Station Area, Project No. 88-WSRB-ll- 90", to Atkins Brothers Equipment Company; and, WHEREAS, there was some damage to Texas Department of Transportation property by Atkins Brothers Equipment Company; and, WHEREAS, Atkins Brothers has paid the Texas Department of Transportation $2,080.64 for said damages and the Texas Department of Transportation has executed a release of claim for the City of Paris; and, WHEREAS, a Release of Claim releasing Atkins Brothers Equipment Company as to those items listed on the "Exhibit" of said Release, in the form attached hereto as Exhibit A should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of Release of Claim releasing Atkins Brothers Equipment Company from damages listed on the "Exhibit" of said release, attached hereto as Exhibit A is hereby approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Release of Claim in the form attached hereto as Exhibit A. Passed and adopted this the 9th day of December, 1991. ~ /~ or~lsher, Mayor ATTEST: , ~ ~~~q)\. Mattie cunn{n~~~ RELEASE , STATE OF TEXAS COUNTY OF LAMAR s s KNOW ALL MEN BY THESE PRESENTS: That the CITY OF PARIS, a municipal corporation, of Lamar County, Texas, acting by and through its City Manager, Michael E, Malone, for and in consideration of the sum of $2,080.64, and other good and valuable consideration, to the Texas Department of Transportation in hand paid by ATKINS BROS. EQUIPMENT COMPANY, Grand Prairie, Texas, the receipt and sufficiency of which is hereby acknowledged, do hereby release and qu i t cla im ATKINS BROS. EQU IPMENT COMPANY from any and all claims with regard to damage listed on the "Exhibit" attached hereto, on or about June and July, 1991. The City of Paris understands that this settlement is in no way an admission on the part of ATKINS BROS. EQUIPMENT COMPANY of any liability whatsoever concerning this incident and damage resulting therefrom. The City of Paris understands that this is settlement as to those items listed on the a complete attached "Exhibit", and that it will receive no further consideration regarding this claim no matter what condition should arise in the future as to the items listed on the "Exhibit" attached hereto; being expressly ag'reed and understood that the City of Paris is not waiving any part of its warranty for good workmanship or any rights granted to the City of Paris under the plans and specifications for the Wastewater Collection Southeast Lift Station Project No. 88-WSRB-11-90. Witness my hand this day of December, 1991. STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Michael E. Malone, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 1991. Notary Public, State of Texas Printed Name: My commission expires: STATEMENT OF THE COST TO REPAIR BU82H (Lamar Ave.) & 24th N.E. 2" PVC Conduit Replaced, N.E. Corner Materials $ 5.26 Labor (3 hours) $ 105.69 Equipment (3 hours) $ 51.00 Subtotal $ 161.95 BU82H (Lamar Ave.) & 31st N.E. Pedestrian Pole Base Replaced, S.E. Corner Materials $ 90.61 Labor (2 hours) $ 42.64 Equipment (2 hours) $ 34.00 Subtotal $ 167.25 I" PVC Condu it Rep 1 aced. Materials Labor (2 hours) Equipment (2 hours) Subtotal Loop Lead-in Spliced $ 14.52 $ 42.64 $ 34.00 $ 91.16 South Bound Front 3 Loops Three 6' x 6' Loop Detectors Replaced Materi a 1 s $ 150.00 Labor (1 hour) $ 521.32 Equipment (1 hour) $ 17.00 Subtotal $ 688.32 North Bound All Loops Four 6' x 6' Loop Detectors Replaced Materials $ 187.50 Labor (1 hour) $ 646.32 Equipment (1 hour) $ 17.00 Subtotal $ 850.82 Ground Box Replaced S.E. Materials Labor (1 hour) Equipment (1 hour) Subtota 1 Corner $ 82.82 $ 21.32 $ 17.00 $ 121.14 --------- --------- GRAND TOTAL $2,080.64 .' EXHIBIT"