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Home My WebLink AboutContract 43143CITY SECRETARY CONTRACT NA• _�1� RKM UTILITY SERVICES, INC., § IN Claimant § and § TARRANT COUNTY, CITY OF FORT WORTH § § TEXAS SETTLEMENT AGREEMENT AND MUTUAL RELEASE I'his Settlement Agreement and Mutual Release (hereinafter "Settlement Agreement") is made by claimant, RKM Utility Services, Inc. (hereinafter "Claimant") and the City of Fort Worth (hereinafter "City") by its authorized Assistant City Manager. A. Recitals 1. On or about November 28, 2011, Claimant filed a claim against the City for money damages in the amount of $35,169.74 due to City -ordered extra work on the Water and Sanitary Sewer Replacement Contract 2005 (the "Claim"). 2. The City conducted a review of the Claim and has decided 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 have agreed to settle the disputes and controversies that are the subject of this Claim. 4. Ryan Dowdy, President, asserts that he is authorized to act on behalf of IOFFICIAL RECORD Settlement Agreement and Mutual Release WAC Kk IA10 Page 1 of 6 RKM Utility Services, Inc. FT. WORTH, TX 04-'�4-12 P03 : 02 I Claimant for purposes of this Settlement Agreement. B. Agreement, Releases & Covenants 5. The City, in consideration for the execution of this agreement, agrees to pay Claimant $35,169.74 in full and final settlement of its Claim. 6. Claimant, in consideration for the execution of this Settlement 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, 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. 7. The City, in consideration for this agreement, forever releases, acquits, and discharges Claimant, together with Claimant's officers, directors, employees, agents, legal representatives, subsidiary organizations, parent organization, successor corporations, insurers, and assigns, and all other persons, firms, or corporations who 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, 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. 8. Claimant accepts this consideration in full satisfaction of all damages or claims Settlement Agreement and Mutual Release Page 2 of 6 RKM Utility Services, Inc. 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 any other claim it may have against the City arising from the contracts that are the subject of this lawsuit. 9. 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. 10. 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 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. 11. Claimant acknowledges that it 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. 12. 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. 13. The City shall pay the settlement amount to Claimant within twenty-one (21) days of the Settlement Agreement's execution. Settlement Agreement and Mutual Release Page 3 of 6 RKM Utility Services. Inc. C. Other Provisions 14. 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. 15. This Agreement shall be governed and construed by the laws of the State of Texas. RKM Utility Services, Inc. City of Fort Worth, Texas owdy, Fernando Costa President Assistant City Manager Date: '�'�� 52012 Date: ¢/z3 /z , 2012 41 or APPROVED AS TO FORM AND LEGALITY: Attorney for CLAIMANT OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Douglas W. Blame Assistant City Attorney ATTEST: Mary J. Ka , City Secretary City of Fort Worth � 17 ,it Z ,tea FOR p0 10 *--.. 00000° C }'00 �vo0 d ° d 00000000 !y Settlement Agreement and Mutual Release RKM Utility Services, Inc. Page 4 of 6 VERIFICATIONS STATE OF TEXAS § COUNTY O1%A4L § BEFORE ME, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared on behalf of RKM Utility Services, Inc., 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 , Notary Public ni and for the State of Texas 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 , 2012. {SEAL) Settlement Agreement and Mutual Release Page 5 of 6 RKM Utility Services, Inc. M&C Review Page 1 of 1 official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FoR H COUNCIL ACTION: Approved on 4/17/2012 DATE: 4/17/2012 REFERENCE NO.: **G-17570 LOG NAME: 12RKM SETTLE CODE: G TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Settlement Agreement and Mutual Release Regarding Claim Filed by RKM Utility Service, Inc., Concerning Water and Sewer Replacement Contract (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of a Settlement Agreement and Mutual Release with RKM Utility Service, Inc., in the amount of $35,169.74 for a claim arising out of Water and Sewer Replacement Contract 2005, STM-M. DISCUSSION: In December 2009, RKM Utility Service, Inc., (RKM) was awarded a construction contract for Water and Sewer Replacement Contract 2005, STM-M (M&C C-23989). On November 28, 2011, RKM filed a claim in the amount of $35,169.74 for extra work that was not included in the original contract or change orders, but was required to be performed by the Water and Transportation and Public Works Departments. Staff has reviewed the matter, and recommends the payment in the amount of $35,169.74 in satisfaction of RKM's claim. This Settlement Agreement and Mutual Release is a compromise of disputed claims. The payments and settlement terms referred to herein are not to be construed as an admission of liability on the part of the City, all of which is expressly denied. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. TO Fund/Account/Centers Submitted for Citv Manaaer's Office by Oriainatina Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers P253 541200 609170040583 $35,169.74 Fernando Costa (6122) Sarah Fullenwider (8006) Doug Black (7615) http://apps.cfwnet.org/council_packetlmc review.asp?ID=16534&councildate=4117l2012 4/18/2012