HomeMy WebLinkAboutContract 45376 (2)FORT WORTH®
RELE ,SE OF ALL CLAIMS
LOWE's e CULVIJRT REMI=DIATION
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KNOW ALL MEN BY THESE PRESENTS That the Undersigned, , for the sole consideration
of repair work valued at approximately Three Hundred Fifty Thousand Dollars ($ 350,000.00),
accepts the repair work performed by Hayward Baker, Inc., as a result of an incident on or
about the 1st day of December, 2012 after which Hayward Baker, Inc. assumed responsibility
for repairs of same. Specifically, the incident is identified as damages to the storm sewer
culvert located below the parking lot of the Lowe's store at the Southeast corner of US 183
and Bryant Irvin Road in Fort Worth, Texas.
Acceptance of repairs, as illustrated on the attached as -built "Damaged Culvert Repair Plan"
exhibit, which is hereby acknowledged by the City of Fort Worth, does hereby for and on
behalf of the City of Fort Worth, release, acquit and forever discharge Hayward Baker, Inc., its
officers, employees, his, her, their, or its agents, servants, successors, heirs, executors,
administrators and all other persons, firms, corporations, associations, partnerships, and all
others legally liable, of and from any and all claims, actions, causes of action, demands, costs,
loss of service, expenses and compensation whatsoever, which may arise after a period of
two (2) years after the date of this agreement on account of or in any way growing out of
any and all known and unknown, foreseen and unforeseen bodily and personal injuries and
property damage and the consequences thereof resulting or to result from the repair work.
The undersigned further declares and represents that no promise, inducement or agreement
not herein expressed has been made to the undersigned and that this Release contains the
entire agreement between the parties hereof, and that the terms of this Release are
contractual and not a mere recital.
REC
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City of Fort Worth, Texas
Release of All Claims
Lowe's-Culvert Remediation
RELEASE OF ALL CLAIMS
LOWE's -CULVERT REMEDIATION
THE UNDERSIGNED HAS RLAD THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
Recom
Asst. Dir
Acceptance' Greg Simmons
TPW Stormwater Management
06 t
Recommended for Acceptanc :Douglas W. Wiersig
Director, Transportation and Public Works Department
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Approve • . s to Form & Legality by Douglas W. Black
Assistant City Attorney
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Accepted: Assistant City Manager: Fernando Costa
ATTEST:
Mary J. Kayse
City Secreta
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Date:
Date:
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Date:
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Date:
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City of Fort Worth, Texas
Release of All Claims
Lowe's-Culvert Remediation
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0 CULVERT REMEDIATION PLAN
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NOTES:
GENERAL
1, THE PURPOSE OF THESE SHOP DRAWINGS IS TO DETAIL THE
REMEDIATION OF THE CULVERT AT LOWE'S LOCATED AT BRYANT IRVIN
RD AND HWY 1831N FORT WORTH TEXAS.
DAMAGED CULVERT REPAIR PLAN
• LOCATION 1 -STA 7+86 TO 8+39
REPLACE 53 FT OF WALL
REPLACE 45 FT OF CEILING
REPLACE 38 FT OF FLOOR
• LOCATION 2 - STA 8+88 TO 9+32
REPLACE 44 FT OF WALL
• LOCATION 3 - STA 9i-43 TO 9+80
REPLACE 37 FT OF WALL
• LOCATION 4 - STA 9+88 TO 10+42
REPLACE 54 FT OF WALL
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HAYWARD
BAKER
G o of a c h nI oal O o nsi art I o n
TEXAS FM RCOVRATON
NO. 11.13771
/OLDEN1
Craig Olden Division
• CONSTRUCTION
• ENGINEERING
• DESIGN/BUILD
an160HAHLN PRAIRIE RD
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FAX IB%AI_TL SI.
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0 2013 HAYWARD BAKER, INC..
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PAWN al Hayward ealur, Irlc
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of ail or part of the concepts
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Inc
()MORE] BY: }(8
CHECKEDOY: MK
DRAWN DY: MK
SCALE: N.TS
PROJECT NO: 42072
DATE: 12-10-13
PLAN
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