HomeMy WebLinkAboutContract 45376 CITY SECRETARY ,
FORTWORTH, CONTRACT NO.!LLY
RELEASE OF ALL CLAIMS
LOWE's - CULVERT REMEDIATION
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 afterwhich 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.
OFFICIAL RECORD
CI'Iwy°, ECRETARY
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Page 1 of 2
RECEIVED FEB A B 1814 City of Fort Worth, Texas
Release of All Claims
Lowe's-Culvert Remediation
RELEASE OF ALL CLAIMS
LOWE's - CULVERT REMEDIATION
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
Recom Acceptance: Greg Simmons Date:
Asst. Dir TPW Stormwater Management
D,4 C.J ') !7 IQ*
Recomme ed for Acceptanc : Douglas W. Wiersig Date:
Director, Transportation and Public Works Department
Approve s to Form & Legality by Douglas W. Black Date:
Assistant City Attorney
Accepted: Assistant City Manager: Fernando Costa Date:
ATTEST:
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Mary .. Kays 4�
City Secreta
OFFICIAL RECORD
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Page 2 of 2
City of Fort Worth,Texas
Release of All Claims
Lowe's-Culvert Remediation
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