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"