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HomeMy WebLinkAboutCC RES 02-065 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIII IIII 104660 Box: 31 Folder: RES 2002 Document: CC RES 02-065 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT • CITY OF ST. ANTHONY VILLAGE RESOLUTION 02 - 065 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City of St. Anthony and other agencies have been involved in a dispute with Barbarossa& Sons, Inc.; and WHEREAS, it has been recommended that the City Council approve the draft Settlement Agreement and Release attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Settlement Agreement and Release pertaining to the Barbarossa& Sons, Inc. lawsuit and authorizes the City Manager to execute said agreement on behalf of the City of St. • Anthony. Adopted this 1 C) day of Se-4 4-ie.mb er , 2002. Mayor ATTEST: City Clerk Reviewed for Administration: -- City Manager • • (Contract) DISTRICT COURT FOURTH JUDICIAL DISTRICT No. 01-15060 SETTLEMENT AGREEMENT AND RELEASE • The parties to this lawsuit and WSB Engineering, Inc., agree that: 1. Barbarossa and Sons, Inc., sued the City of St. Anthony to recover extra compensation arising out of the City's 2000 Street and Utility Improvements project. The City denies liability and named Qwest and Reliant Energy as third parties. To settle all disputes over Barbarossa's claim, the City will pay Barbarossa a total of$240,000 ("the Settlement Amount"). Qwest, Reliant Energy and WSB Engineering, Inc.. contributed to the Settlement Amount by I making payments for previously agreed sums directly to the City. The Settlement Amount includes $93,000.00 owed to Barbarossa by the City for work performed pursuant to a contract between Barbarossa and the City. On— August 13, 2002, the City approved a $34,325.16 • payment to Barbarossa. On August 27,_2002, the City approved a $59,607.00 payment to 2249344vl • Barbarossa. Accordingly, pursuant to paragraph two of this agreement, the City will issue a $146,067.84 check to Barbarossa in full and final payment of the Settlement Amount. The City agrees that Barbarossa's contractual, post-acceptance warranty has expired. 2. The Settlement Amount shall be paid by the end of business on September 20, 2002. Late payments shall bear interest at the rate of 18%per year. 3. Upon payment of the Settlement Amount to Barbarossa, the parties to this agreement will be deemed mutually released and forever discharged from all claims previously asserted in this lawsuit or against WSB and its insurers and all other claims arising out of the City's 2000 Street and Utility Improvements project, with the sole exception of claims for indemnity or contribution from claims for personal injury and property damage asserted by persons or entities who are not parties to this agreement. This release also extends to the parties' • officers, agents, employees, successors, heirs, assigns, and insurers. 4. Upon payment of the Settlement Amount, the parties will stipulate to this lawsuit's dismissal with prejudice pursuant to the terms of this Agreement. 5. In entering into this Agreement, the parties each acknowledge and represent that theyought and obtained legal advice of their attorneys, and read, fully understood, and voluntarily accepted the terms of this Agreement. &..6. The parties will absorb their own attorneys' fees and other costs related to this lawsuit. 6_:7. As the compromise of disputed claims, this settlement is neither nat an admission of liability nor a statement against the interest of any person or entity. 2249344v1 • 8. This agreement may be executed in any number of counterparts each of which shall be deemed an oriizinal, and all of which together shall be deemed one an the same instrument. BARBAROSSA AND SONS, INC. CITY OF ST. ANTHONY VILLAGE By B �--� Paul Flykt, Vice President Its Dated: August_, 2002 Dated: ' 2002 � er io • • 2249344v1 QWEST CORPORATION RELIANT ENERGY RESOURCES CORPORATION By By Its Its Dated: August_, 2002 Dated: August 2002 WSB ENGINEERING By Its Dated: August_, 2002 • 2249344vl