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Home My WebLink AboutContract 38299-SA1JLB CONTRACTING, LLC Claimant and CITY OF FORT WORTH § § § § § § § § § CITY SECRETARY , CONTRACT NO. -J..' ~1.1.Q.........,_ IN TARRANT COUNTY, TEXAS SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (hereinafter "Settlement Agreement ") is made by claimant, JLB Contracting , LLC (hereinafter "Claimant") and the City of Fort Worth (hereinafter "City") by its authorized Assistant City Manager. A. Recitals 1. On or about April 19 , 2011 , the City issued final pay ment to Claimant in the amount of $1 ,830 ,333.94 , inclusive of change orders for work on the Hot Mix Asphaltic Concrete Surface Overlay Contract (HMAC 2008-12) at Multiple Locations Throughout the City of Fort Worth (CS#: 38299 , awarded via M&C C-23327). On or about November 28 , 2011 , Claimant filed a claim against the City for additional monies owed in the amount of $29,439 .10 due to an alleged underpayment by the City (the "Claim"). 2. The City conducted a review of the Claim and finds it has merit and hereb y offers to compromise and settle all matters and issues regarding the Claim under the terms and conditions set forth herein . Nothing in this Agreement is intended to be an admission of liability or fault on the part of either of the Parties. 3. To avoid the uncertainties , annoyance , and expense of litigation , the parties Settl ement Agreem e~~r{!EJYll/fitT ' y O 5 20 1, JLB Co ntrac tin g, LL C i1 CITY SECRETARY FT. WORTH, TX Pag e I of S have agreed to settle the disputes and controversies that are the subject of this Claim. B. Agreement, Releases & Covenants 1. The City, in consideration for the execution of this agreement , agrees to pay Claimant $29 ,439 .10 in full and final settlement of its Claim. 2. Claimant, in consideration for the execution of this Settlement Agree ment 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 , subsidiary organizations , that might be liable , from all claims , demands , charges , and costs of court, including but not limited to attorney fees and causes of action of whatever nature, on any legal theory arising from the circumstances described in Claimant's Claim against the City , and from all liability and damages of any kind , known or unknown , arising from the events that gave rise to this lawsuit, whether in contract or in tort. 3. Claimant accepts this consideration in full satisfaction of all damages or claims that are owed to it or that may be owed to it by the City; and Claimant understands this is a compromise and settlement of all matters alleged by it in its Claim against the City as well as an y other claim it may have against the City arising from the contract(s) that are the subject of this dispute. 4. Claimant understands its acceptance of the consideration is in full accord and satisfaction of the claims made in the Claim , and the City 's payment of consideration is not an admission of any liability . Se ttl e ment Agree ment and Mutu al Re lease JLB Contra ctin g, LL C Page 2 ofS 5. In executing this Settlement Agreement, Claimant acknowledges that it is not relying on any statement or representation of the City or any of its agents regarding the matters in dispute and that Claimant is relying on its own judgment and has had an opportunity to consult an attorney in this matter to review the contents and explain the legal consequences of this Settlement Agreement. Claimant understands that this Settlement Agreement shall operate as a full , complete, and final release and settlement of all claims. 6. Claimant acknowledges that it has read this Settlement Agreement and that it is a complete , written statement of the terms and conditions of the settlement. Claimant signs this Settlement Agreement of its own free will and accord. 7. The parties agree that upon execution of this Settlement Agreement and receipt of funds from the City , Claimant's Claim shall be fully and finally resolved . 8. The City shall pay the settlement amount to Claimant within twenty-one (21) days of the Settlement Agreement's execution. C. Other Provisions 1. This Settlement Agreement reflects the entire agreement between the parties. There are no other agreements , either written or oral , and the execution of this Settlement Agreement supersedes all earlier representations , negotiations , understandings or agreements about this matter . 2. This Agreement shall be governed and construed by the laws of the State of Texas. 3. For any dispute regarding this Agreement , venue shall lie in the courts of Settlement Agreement and Mutu al Rele ase JLB Contractin g, LLC Pag e 3 of5 .... ... 'l competent jurisdiction in Tarrant County, Texas. 4. Claimant represents herein that this Agreement is executed by a duly authorized representative of Claimant. IN WITNESS WHEREOF , Claimant and City each execute this Agreement to be effective as of the last date written by a signatory hereto. JLB Contracting, LLC City of Fort Worth, Texas By:~_;:,~ E, G (l.,. v 'd President F emando Costa Assistant City Manager Date: q / 2--(t;, I , 2013 APPROVED AS TO FORM AND LEGALITY: Attorney for CLAIMANT Settlement Agre ement and Mutual Release JLB Co ntracting, LL C Date: ~3 , 2013 Douglas W. Black Assistant City Attorney M&C C. -Z.6" ,-3 3 Date to -z. 'f-I, ATTEST: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of5 STATE OF TEXAS COUNTY OF JAQ.Pfnj1' VERIFICATIONS § § § BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared LJ~t-AG"S G H:uf..lPi+fUj , on behalf of JLB Contracting, LLC, known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he/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 J{/"-day of .5ef)kMb: , 2013. {SE/ ~}~~!-~~t:,;,,, JAMIE GREENWAY j{~\;;.~% Notary Public, State of Texas \};_.~.;~} My Commission Expires ',,:if,~,\~~~,~ September 25, 2016 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 Fernando Costa, on behalf of the City of Fort Worth, 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 __ day of ___ _ 2013. {SEAL} Settlement Agreement and Mutual Release JLB Co ntracting , LLC Notary Public in and for the State of Texas . Page 5 of5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/29/2013 DATE: Tuesday , October 29 , 2013 REFERENCE NO.: **C-26533 LOG NAME: 20HMAC SURFACE OVERLAY 2008-12 SUBJECT: Authorize Execution of a Settlement Agreement with JLB Contracting , LLC ., in the Amount of $29 ,439 .10 for Reconciliation of Hot Mix Asphaltic Concrete Surface Overlay Contract at Multiple Locations Throughout the City of Fort Worth (COUNCIL DISTRICTS 2 , 3, 5, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Settlement Agreement with JLB Contracting, LLC, in the amount of $29 ,439.10 to correct an underpayment by the City to the contractor. DISCUSSION: On February 3, 2009 , (M&C C-23327) the City Council approved Hot Mix Asphaltic Concrete (HMAC) Surface Overlay Contract , City Secretary No . 38299. This contract was undertaken in conjunction with a separate utility contract for replacement of water and sanitary sewer mains . The Transportation and Public Works and the Water Department share in these resurfacing costs in lieu of permanent trench repair under the utility contract. On April 19, 2011 , the project was accepted and final payment was processed . Subsequently , it was asserted by the contractor that there was a discrepancy in the final pay amount due to a City oversight on pay item quantities . After a review of the claim , the Staff agreed with the contractor . The proposed settlement Agreement corrects the final pay discrepancy . Payment of the recommended amount in addition to all project change orders remains less than the statutory contract increase limit of 25 percent. This project is located in COUNCIL DISTRICTS 2, 3, 5, 8 and 9 , Mapsco 49Q , 49S , 49W, 73L , 75J , 75K , 75N , 75Q , 75S , 76Z, 77K , 78M , 78W, 78Y, 78Z, 79M , 80N , 93C and 93P. ----- FISCAL INFORMATION/ CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets , as appropriated , of the Water Capital Projects Fund , Sewer Capital Projects Fund and Contract Street Maintenance Fund . FUND CENTERS: TO Fund/Account/Centers Log nam e: 20HMAC SURF ACE OVERLAY 20 0 8 -1 2 FROM Fund/Account/Centers P253 541200 605170110383 P258 541200 705170110383 C293 541200 205620110383 $2,192 .83 $3 ,070 .13 $24 ,1 76 .14 Page l of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Fernando Costa (6122) Douglas W . Wiersig (7801) Kristian Sugrim (8902) 1. 177 . 20HMAC Surface Overlay 2008-12(FAR P253 -P258 Funds verification -as of 10 -11-2013 JCT).docx (CFW Internal) 2 . 20HMAC 2008-12 MAP PAGE 1.pdf (Public) 3. 20HMAC 2008-12 MAP PAGE 2 .pdf (Public) 4 . 20HMAC 2008-12 MAP PAGE 3 .pdf (Public) 5. 20HMAC 2008-12 MAP PAGE 4 .pdf (Public) 6 . 20HMAC 2008-12 MAP PAGE 5.pdf (Public) 7 . C293 01103 .docx (CFW Internal) 8 . CS38299 Updated Final Pay Green Sheet Template .doc (CFW Internal) 9. FAR-00010 CIP#0 11 03 P-258.pdf (CFW Internal) 10 . FAR-00011 CIP#01103 P-253 .pdf (CFW Internal) 11 . Settlement Agreement JLB HMAC2008-12 .doc (CFW Internal) Lo g name: 20HMAC SURF AC E OVE RLAY 2008-12 Page 2 of 2