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Home My WebLink AboutContract 45415-SA1 CITYRAcTNo. A1 ,S I CONTRACT N0.. 17_, , 1 CAUSE N0.017-29433b-1 P O��`g .COMMERCIAL.,INC. § IN THE DISTRICT COURT ,'- Plaintiff § Vs § TARRANT COUNTY,TFKAS CITY OF FORT WORTH,TEXAS § Defendant § 17TH JUDICIAL DISTRICT SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (hereinafter"Agreement") is made by plaintiff J. C. Commercial, Inc., and defendant, City of Fort Worth (hereinafter "City") by its authorized Assistant City Manager. A. Recitals 1. The City of Fort Worth ("City" or "Defendant") enured into a construction contract with J.C. Commercial (or "Plaintiff') to construct and complete the New Evans- Rosedale Community Facility. The Fort Worth City council approved the contract on March 7, 2014 in M&C C-26661. Completion of the project was delayed and the City terminated J.C. Commercial. The City ,withheld $1'79,071.34 from payment to J.C. Commercial alleging some work was not performed, some work was not performed pursuant to the contract, and liquidated damages. The City is holding the funds. J.C. Commercial alleges that it is owed the withheld$179,071.34. 2. J. C. Commercial, Inc. sued the City alleging that the City improperly withheld the $179,071.34. (this"litigation"or"lawsuit"). 3. The City filed an answer to the action and denied and continues to deny all the allegations made in this litigation. Settlement Agreement and Mutual Rekase Page I 0f6 CITY SECRETARY FT.WORTH,TX 4. To avoid the uncertainties, annoyance, and expense of further litigation, the parties have agreed, without any party making any admission to any other party, to settle the disputes and controversies that are the subject of this l%Aigation. 5. Larry Wagner asserts that he is authorized to act on behalf of Plaintiff for purposes of this Settlement Agreement. B. Agreement,Releases&Covenants 6. The City, in consideration for the execution of this agreement, agrees to pay J. C. Commercial, Inc. $165,000.00 out of the funds that it�vithheld under the contract in full and final settlement of all of the claims in this litigation or claims that could have been alleged in this litigation. 7. J. C. Commercial, Inc., in consideration for the execution of this Agreement and the payment of the settlement amount and other consideration as stated in the Agreement, forever releases, acquits, and discharges the City, together with the City's officers, employees, legal representatives and subsidiary organizations, that might be liable, from all claims, demands, charges, and costs of corart, including but not limited to attorney fees and causes of action of whatever nature, on any legal theory arising from the circumstances described in J. C. Commercial, Inc:.'s lawsuit against the City, and from all liability and damages of any kind,known or auaknown, arising from'the events that gave rise to this lawsuit, whether in contract or in,:ort. 8. J.C. Commercial releases and forever discharges the City from any and all claims, debts, demands, actions, causes of action, suits and liabilities whatsoever, both at law and in equity, which J.C. Commercial may now have, will have, or ever had, of any nature whatsoever, against the City related in any way to this litigation. It is Settlement Agreement and Mutual Release Page 2 of 6 understood that the consideration received is intended to and does release and discharge any claims or consequences thereof,known or unknown, and extinguishes any right to assert in the future any claims not now known or suspf cted. 9. J.C. Commercial acknowledges and agrees that this Rt.lease and Settlement Agreement is a general release and specifically acknowledges and agrees that no causes of action or claims are excepted or reserved in this general release. 10. In consideration of the payment described above, J.0 Commercial agrees to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, employees, workers and representatives of the City of Fort Worth,and all others connected with or in privity with the said City of Fort Worth,its heirs,representatives, successors and assigns, from any and all claims or causes of action,including any costs or expenses in connection therewith,which may hereafter be brought by J.C. Commercial, its sub-contractors, or by anyone on its behalf, arising out of the above referenced contract. 11. J. C. Commercial, Inc. accepts this consideration in fill satisfaction of all money it is due under the contract as well as any damages or claitas that are owed to it or that may be owed to it by the City. And J.C. Commercial,Inc. understands this is a compromise and settlement of all matters alleged by it in its lawsuit against the City as well as any other claim it may have against the City arising from the contracts that are the subject of this litigation. 12. J. C. Commercial, Inc. understands its acceptance of the consideration is in full accord and satisfaction of the claims made in this litigation or that could have been alleged in this litigation, and the City's payment of consideration is not an admission of any liability. Settlement Agreement and Mutual Release Page 3 of 6 13. In executing this release, J. C. Commercial, Inc. acknowledges that it is not relying on any statement or representation of the City or any of Is agents regarding the matters in dispute. And J. C. Commercial, Inc. is relying on its own judgment and is represented by an attorney in this matter. J. C. Commercial, Inc.'s attorney read and explained the contents of this release to J. C. Commercial, Inc. and explained the legal consequences of this release. J. C. Commercial, Inc. understands that this release shall operate as a full, complete, and final release and settlement of all L laims in this lawsuit or that could have been alleged in this litigation. 14. J. C. Commercial, Inc. acknowledges that it read this release and that it is a complete, written statement of the terms and conditions of the settlement. And J. C. Commercial, Inc. signs this Agreement of its own free will and accord. 15. The parties agree that upon execution of this agreement, J. C. Commercial, Inc. will present to the Court a motion and order to dismiss this case with prejudice. 16. Each party shall pay its own costs incurred in this cause. C. Other Provisions 17. This Agreement reflects the entire agreement betweea the parties. There are no other agreements, either written or oral, and the execution of this agreement supersedes all earlier representations,negotiations,or agreements about this matter. 18. This Agreement shall be governed and construed by the laws of the State of Texas. 19. This agreement is the joint effort of both parties acting in concert with their lawyers and,therefore, shall not be construed more strictly in favor of either party. Executed: Av",110+ yJ�� ,2018. Settlement Agreement and Mutual Release Page 4 of 6 4J.C. mmekcial,Inc. f Prod dent APPROVED AS FORM AND LEGALITY: r By: ey for J. C.Commercial, Inc. City of F,)rt Worth,Texas �.. U `= By. Jesus.Chapa, — -- *'. ' * Assilant City Manager •�P5 ATTEST: B y: M,&u , I '-t " ) -___ _ ,City Secretary City ofYo4V6rth I M&C: C. �1 APPROVED AS rORN3 Aiv'D LEGALITY: 2�5. _ B . 'stopher B. Mosley Senior Assistant City Attorney OFFICIAL tTX CITY SEC FT.WOR Settlement Agreement and Mutual Release Page 5 of 6 VERIFICATIONS STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared Larry Wagner,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 purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE;this�'-jay of August,2018. {SEAL} ? /� Jy pf�l� HOLYN L. BRADFORD Notary Public.Stets of Texas NOt Pu is in and far the Stat fex�g s = Comm.Expires 11 A2-2021 '/n uN• Notery ID 1684890 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, Notary Public in and fbr the State of Texas, on this day personally appeared Jesus Chapa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ay of August,2018. {SEAL} 1 ?y MARIA S, _ BSANCHEZ My Notary ID#2256490 Not Public in and for the State f Texas r� ;* Expires December 19,2021 Settlement Agteema t and Mtmtal Rekase Page 6 of 6