HomeMy WebLinkAboutCity Council Resolutions (R-04-2479)-12/07/2004
RESOLUTION R-04-2479
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY
OF COLLEYVILLE, CMPA, BRINKLEY SARGENT AND HARTFORD INSURANCE
COMPANY WITH REGARD TO THE JUSTICE CENTER AND ESTABLISHING
CONDITIONS
WHEREAS, the City of Colleyville entered into an agreement with CMPA for the
construction of the Colleyville Justice Center; and
WHEREAS, the City of Colleyville employed Brinkley Sargent Architects to act as the
architect on the project; and
WHEREAS, pursuant to the contract, Hartford Insurance Company acted as a surety
for the obligations of CMPA; and
WHEREAS, a dispute has arisen between the parties concerning the contract; and
WHEREAS, the parties desire to settle all matters in dispute.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, AS FOLLOWS:
Sec. 1.
THAT the Compromise and Settlement Agreement attached to this
Resolution is hereby approved by the City County of the City of Colleyville,
subject to the condition contained in Section 2 hereof.
Sec. 2.
THAT the approval of the Compromise and Settlement Agreement is
hereby expressly conditioned upon the approval of the Settlement
Agreement in writing by authorized representatives of Hartford Insurance
Company.
AND IT IS SO RESOLVED.
SED BY A VOTE OF
~
TO
2004.
I
ON THIS 1~
DAY OF
11
Cynthia Singleton
City Secretary
ATTEST:
COMPROMISE AND SETTLEMENT
Cause No. Pre-Litigtion: City of ColleyvillelCl'rfP A1Brinkley SargentJHartford
Matter
Thursday, December 2,2004
Parties:
Mr. ,Ross T. Foster
Ross T. Foster, P .C.
9001 Airllort mews-y. Suite 675
Fort. Worrn, TX 76118
rfo.'lter@xspediusm.il.net
Attorney for: City of CoUeyville (City)
Phone: tS17) 788.1111
Fax: (817) 485-2836
Mr. Andrew Wambsganss
Brown Pruitt Peterson & Wambsganss, P.C.
201 Main Smet, Suite 801
Fort Worth. TX 76102
Attorney for: CMP A (CMP A)
PhOl'le: (817) 338-4888
Fax: (817) 338.0700
Mr. James D. Cupples
Williams, Cupples & Chapman L.L.P.
1331 Gemini. Suite 201
HOUlton. TX 77058
Attorney for: Hartford Ins. Co. (Hartford)
r::hone: (28lj 218-8888
Fax; (281) 2]8-8'788
Mr. Wilkes Alexander
Fist" Fielder, P.C.
2710 N. StlmmQ!l$ Freeway400 Sternmonll Tower North
r)allllS. TX 75207
VI ale:<andertiM'askficld/ll'.eom
Attorney for: Brinkley Sargent (Architect)
PhOIle; (214) 638.3'744-
Fax: (214) 63M10S
The City shall consider this Agreement at the City's Council meeti.ni on December i,
2004, for the Council to determine if the City should be bound by the terms of this
Agreement. Tfthe Council approves this Agreement, it shall be bindini on all parties. If
the Council does not approve this Agreement, then this Agreement shall be void and of
no force Of effect against any party hereto. The City's attorney shall notify all parties by
fax within 24 hours of the Council's determination.
L This Agreement is intended to bind all pa.."1:ies from the date of execution under
Rule 11 of the T.R.C.P. and Rule 41(a) of the Fed. R.C.P.(as is applicable) and
under general contract law, The parties contemplate the preparationoffutther
document! hereto a.s a part of the performance of this Agreement. The tenns,
conditions, and representations herein shall control the terms. conditions. and
representations of further documents.
(,hmnrnmi,c;~ ~"r C:t'\tl'lp.ml"nt A O1'~p.mp,nt
2. City shall pay to CMPA the sum of S21 0,000.00 as follows: $135,000.00 at the
time of closing; $25,000.00 upon. completion of one-third of the Punch List
(defined below), $25,000.00 upon completion of two-thirds of the Punch List, and
525,000.00 upon completion oftbe Punch List, for a total and final payment of
$210,000.00. Architect shall pay CMPA the sum of $25,000.00 at the time of
closing. All monies paid without admission of liability,
3. By the term Punch List is meant the Exhibit A attached hereto 'for all putp<lses.
Gary Beeman, an employee of Architect, shall be the fmal say as to what on the
Punch List is included in the constrUction contract in question (contract) and to
what is completed or not. The completion. means complete to industry standards
and in accordance to the plans and specifications of the contract.
4. The: Punch List shall be completed on or before 90 iays from closing. It shall not
be a breach of1his AiJ'eement if an item is ordered from a third party supplier
within 5 husiness days from when it is discovered to be needed, but is late in
delivery by the third party, common canier, or Postal Service, and CMP A causes
it to be installed or applied within a reasonable time after eMP A is notified of the
item's receipt. Gary Beeman shall be the final detenni.l1ation of the terms of this
paragraph being complied with.
5. Each party hereby releases the other party from all claims, known or unkno\\n,
growing out of the facts and matters related to the contract, for and in
consideration of this Compromise and Settlement, except as provided herein. The
release includes, as i! applicable, shareholders, subsidiaries, afftliates, agents, .
employees, officers, directors, insurers, heirs, assigns, and legal representatives
This release shall be binding on the successors, heirs, assigns, and attorneys of
releasing party(ies). This release does not affect Architect's right to seek its
claims against any of its subcontractors.
6. Attorney, Ross Foster, shall prepare the usual forms for compromise and
5ettlement agreement. releases, which shan be consistent with the terms hereof.
The parties shall promptly agree upon any document used to effectuate this
agreement.
7, Artomey's fees are to be paid by the party incurring same,
8. This closing is subject to City's Council approval of this settlement, which the
representatives here will recommend in good faith. Once the City's Council
approves the settlement then closing will occur with 10 business days
thereafter. Time is of the essence as to all rights and obligations under this
agreement. Closing is the event at which executed documents Bud funds arc
actually ex.changed to complete this Agreement. The delivery of all docwnents,
fully executed by the parties. and the funds to be delivered are to be done on or
\.nmnrnmiq,p: l\nrl ~p.ttlt'\mf'.nt A I1TMmp,nt
2
before the closing date. Delivery does not mean, "mailed", "shipped", or in
delivery. It means actual, physical, delivery from one party to the oID.er.
9. Each Participant should have the settlement agreement independently reviewed by
the participants counsel before executing the agreement.
TIllS AGREEMENT IS NOT SUBJECT TO REVOCATION
The parties hereby execute this Agreement on December 2, 2004. The signing
parties represent and warrant that they have the authority to sign this agreement
and that the parties on whose behalf they have signed are bound by this
agreement
APPROVED:
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ATltew W bspnss
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AGREED:
City of Colleyville
By: -S~~
Its: r;J 7 v/d.."..,:r Y'
CMPA
By:
~~~
Its: ?~~>\oe<S~~
James D. Cupples
Brinkley Prr~ d.
By: Jl.jl&/0- -
Its: r(l6..~(~
Hartford Ins. Co.
By:
Its:
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COLLEYVlLL.E JUSTICE CENTER
OUTSTANDING ISSUES
19-Jen-04
REQUEST 1'0 BE COMPLETED BY CONTRACTOR
171M. I OEBCRIJI'TIt>N COST
l' H.ndrails at front eMlr,/'ICIl 8650,00
2 ' Redo !ltdewalk/ramD at front nlantel'l
Ctl.ck lIalve not In,talled at dcmestl::: wat.r double back check
:3 I'r.ctor b.CldIow Dreventer In!ltalled inslud\ $2000.00
! Roof Ink et frontleover area & fbc ceiling, carpel, wall panels I woC'd
.4 !Ipanels
5 Fix cellina lile .t ....r/81." ent"'n~. 181111 some d:ic 601.1/'11:1\ S1300.0~
6 ~~ct~~mdOCl.lm.nta
WarrantY manual. no WBl'I'1lnty coverage (still heve HVAC balance,
r AOIH....clndll h8$ bllll!l\
~Iumb.rto look at drain., trap primer not Installadffunctlonlng: public $B.120,Oa
6 toIlet CDW""-"l'\evbe other IDcettcn.
" Property storageffom door bindi end door knob not O!)erable . fix & $' 000.00 ·
oalnl
1f.'J Monitors at Communication ':Jel'lter wrona size ;
Ttu... pole lights at South end Qfparking lot notfl.lndloning, nT'Iioe I
11 cel!ed-stll not fljl"ll'!tlonll'll.'l, ThrA8 Clo...t to Ian ~QQ2!Q .
. Sliding door intllrier at jail sally pert slicks and mlkee noise when ~ I
12 ooeratlnQ I $2 Doo.or !
-
i
13 W.sl -18 will not stay ODen when awltmed I- $1 500.00 :
, .
14 EIFS co.tino CI'J8r fixe. I $10,000,00 i
Fire alarm at courts - SUpJXl8ed to be in water ti;M box at return aIr L $!ClO.OO '
HI at Courts roelf tOI) unit
16 Liaht twlen .t Oliafs office for wall outlet'l. I SMa. co :
17 Site Davina IiIntlllldewalk issuea S2.OOO.00
is Dead nl_nt Met...ialand irtjflAll1'lI'l I-,UllS (tree at front nlllnlerl ~- -~ ~.
I
I
18 Doors !II EOC don't hllve lock - 0081'1 hardware ~1 600.00 '
l::itO". at se...erallocatlons don'fllppear to De seRlea - absorD1ng
4:0 moistur. $2,000.00
21 IMi.lIlri!1 four TA-1 . S160.0Cl
22 Ad!!"',. "'andl'llB Issues lit "'o"t SiN -$500.00
23 Aluminum iJ'lmlnCll81 hv bMlIIkl'Oom leskino I $1,000.00
IExposed I)Ip'nQ at HVAC .t Southwest comer. sl!pposed to be I
24 buried $1 000,00 i
WindOW In bifrrowed lite at sergeants office (by exttrlor door at petro
25 ."trance\ ~~
,~ GlaSS tCl'1ltched at severalloelltlcns (room 10S7' $200.00
21 IMilllnllbllnd room ,aBt -i:1S0.00
26 Room H~4 ~ :sslno4 cost "Iris II!l west wall $250 ~~
29 Door 1143-' liulnt closer S120.00
30 IRoom 11e; . .curi Iv electric. no lIChamatlc . naids Iabelil10 1;
31 Exterior eI'la. is 1811 lirto be Insulated 5600.0 .
32 Mis~irift door nd between rOom 11.1 & 117S
. ~~ Room 1173. oar drain not sumoed $800,00
3-4 Room 117&- 111111 ~ot calntetf Mrrect color $350.00
.. ,... 35 It;llass B dea InC<<lrrect I ~ .00
36 Room 1203 - '0 CO\l8f ~.tlI II'!) came,.. f-- $1SO,QO
37 IRcom1~11. "lo shell/lno lBJ noiffi- wa;1 . 8S drllWir:l!; show i Ssoo.OO
SUMMARY OF COSTS ! $87 860.00
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