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HomeMy WebLinkAbout065692 - Settlements - Contract - Reyes TX, Inc.CSC No. 65692 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made as of this day of August 2026 by and between Reyes TX, Inc. ("Reyes") and the City of Fort Worth (the "City"), sometimes collectively referred to hereinafter as the "Parties". Article I. RECITALS 1.01 Basis of Settlement. Reyes entered into a contract with the City in November 2021 whereby Reyes installed a sanitary sewer line and asphalt along Misty's Run in Fort Worth, Texas (the "Project"). Settlement occurred in the area of the work performed by Reyes and the Parties have disputes as to the cause and responsibility of the settlement and associated damage. The Parties desire to avoid the expense and uncertainty involved in litigation of the disputed claims and the Parties wish to enter into certain agreements which will compromise and settle the disputes and claims between and/or among them on the terms set forth in this Agreement. 1.02 Scope of Settlement. The Parties desire to dispose of any and all claims relating to the Project, including all claims and causes of action of any kind that currently exist or that may exist in the future that relate in any way to the Project. Article II. AGREEMENT In consideration of the recitals, terms, conditions and agreements stated in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 2.01 Work. Reyes agrees to perform the following work at the Project (the "Repair Work"): a. Mill 2 inches of the roadway; b. recompact the sewer trench backfill from the roadway to the geotextile separating the backfill from the bedding in accordance with Project specification 33 05 10. The City shall test, at its own expense, compaction of the recompacted backfill as part of the Repair Work; c. install 6 inches of Type B asphalt base over the trench area in accordance with Project specification 32 12 16; d. install 2 inches of HMAC Type D surface over the full width of the roadway; e. provide traffic control and perform restoration work; f. Reyes may either use existing concrete collars and manhole or provide replacements. OFFICIAL RECORD CITY SECRETARY g, The City shall perform at its expense a camera inspection of the existing line before Reyes commences with the Repair Work to determine if any defects exist FT. WORTH, TX SETTLEMENT AGREEMENT Page 1 of 4 in the line. Any defects discovered will be corrected by Reyes during the Repair Work. h. Upon completion of the Repair Work, the City will perform a camera inspection to determine if any damage occurred to the existing line during the Repair Work. Reyes will repair any damage discovered. i. Reyes shall not be responsible for any differential settlement, design failures, or the City's failure to correct water leaks in a timely manner. Reyes will only warrant the asphalt work outside the trench area for a period of two years from completion of the Repair Work. j. Reyes shall commence with the Repair Work within sixty (60) days of the execution of this Agreement. k. Upon completion of the Repair Work, the City shall "green tag" the Project and close out the original contract and release the retainage payment of $43,077.54 to Reyes. 2.02 Release of Reyes by the City. Expressly conditioned upon completion of the Repair Work described above, the City generally releases and discharges Reyes and its surety from any and all claims demands, or causes of action whatsoever, whether in law or in equity, suspected to exist or not suspected to exist, known or unknown, that the City has, had, or may ever have, in any way related to or arising out of the Project, save and except the obligation of Reyes to warrant the paving work outside the trench lines. 2.03 Release of the City by Reyes. In consideration of this Agreement and for the foregoing release and the terms and conditions recited herein, Reyes generally releases and discharges the City from any and all claims demands, or causes of action whatsoever, whether in law or in equity, suspected to exist or not suspected to exist, known or unknown, that Reyes has, had, or may ever have, in any way related to or arising out of the Project. 2.04 Authority. Each party to this Agreement warrants and represents that it has the power and authority to enter into this Agreement and that this Agreement and all documents delivered pursuant to this Settlement Agreement, to which here it is a party, are valid, binding and enforceable upon him or it. 2.05 Entire Agreement and Successors in Interest. This Agreement contains the entire agreement and understanding among the parties with respect to all matters described herein and supersedes and renders null and void all prior agreements, arrangements, discussions and understandings related to the subject matter hereof. The Parties agree that this Agreement shall be binding upon and inure to the benefit of the parties themselves and their respective heirs, executors, legal representatives, officers, directors, shareholders, constituent partners, employees, servants, agents, affiliates, subsidiaries, predecessors, successors and assigns. 2.06 No Oral Modifications. This Agreement may not be amended, altered, modified or changed in any way except in writing signed by all the parties to this Settlement Agreement. 2.07 No Strict Construction Against Author. This Agreement is the result of substantial negotiations between the parties and their counsel and has been prepared by the joint efforts of the respective attorneys for each of the parties to it. Accordingly, the fact that counsel for one party or SETTLEMENT AGREEMENT Page 2 of 4 another may have drafted this Agreement or any portion of it is immaterial, and this Agreement shall not be strictly construed against any party. 2.08 No Admission of Liability. The Parties agree that this Agreement is entered into for settlement purposes only in order to avoid further trouble, litigation and expense. None of the parties admit any liability to any other party relative to any claims asserted in the Lawsuit. But all parties expressly deny any and all such liability and continue to maintain the correctness of the positions asserted on its behalf in the Lawsuit. 2.09 Severability. In the event that any one or more of the provisions of this Agreement shall for any reasons be held to be invalid, illegal or unenforceable in any respect, such invalidity shall not effect any other provision herein. 2.10 Representations Contractual. This Agreement and all representations in it are contractual and not a mere recital and shall continue in full force and effect at all times hereafter. 2.11 Representation of Comprehension of Agreement. Each parry to this Agreement expressly represents that it has carefully read this Settlement Agreement, understands its contents and signs the Agreement on his or its own free act. 2.12 Representation of Ownership. Each party to this Agreement represents and warrants that all times referred to in the Lawsuit and adversary proceedings referenced in this Agreement, each party owned all of the claims they asserted, that no other person has or has had an interest in any said claims which has not been released or discharged by this release or otherwise, and that such party has the sole right to execute this Agreement as the owner of said claims. 2.13 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and will be effective when all of the parties have affixed their signatures to the counterparts and they have been delivered, but all counterparts shall constitute one in the same instrument. A fully executed Agreement may consist of several of duplicate originals, each containing the signature of less than all of the parties hereto, so long as each party has signed one such duplicate original. The parties agree that fax signatures shall be fully enforceable and may substitute for original signatures for all purposes. 2.14 Further Instruments. The Parties to this Agreement each agree to execute such further instruments and documents as deemed necessary to fully and completely effectuate the intent and purposes of this Agreement. 2.15 Headings. The headings of the various paragraphs of this Agreement have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Agreement or in ascertaining its meaning. 2.16 No Warranties or Representations. No party to this Agreement has made any warranties or representations to induce any other party to enter into this Agreement except to the extent, if any, as may be expressly set forth in this Agreement. [SIGNATURES ON FOLLOWING PAGE] SETTLEMENT AGREEMENT Page 3 of 4 Signed effective as of the date first above written. CITY OF FORT WORTH Christopher Rar-4er Christopher Harder (Auo 17. 2026 10:25:04 CDT) Chris Harder, P.E., Director Water Department Approved as to form and legality: Stephen Hines (Aug 1 026 10:23:34 CDT) Stephen M. Hines Sr. Assistant City Attorney REYES TX, INC. M-s&�� Aug 18.. 2026 13:23:02 CDT) By: Marcos G Reyes Its: President Signature: Email: allison.tidwell@fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SETTLEMENT AGREEMENT Page 4 of 4 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: NOT A CONTRACT Negotiated Settlement Agreement Subject of the Agreement: Negotiated Settlement Agreement between the City of Fort Worth and Reyes TX, Inc. M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 9 No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 8/1 s/26 If different from the approval date. Expiration Date: none If applicable. Is a 1295 Form required? * Yes ❑ No M *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. none *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.