HomeMy WebLinkAbout04- Williams Plumbing & Heating; Wastewater Treatment Plant
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SETTLEMENT AGREEMENT
This agreement is made and entered into by and between the City of Bozeman (City)
doing business at 411 East Main Street, Bozeman, Montana 59715 and Williams Plumbing,
Heating and Utilities Inc. (WPH) doing business at Box 10, 2131 Industrial Drive, Bozeman,
Montana 59715.
WHEREAS, on the 3rd day of September 2002, the City entered into a contract with WPH
to construct certain renovations at the City's Wastewater Treatment Plant, as part ofthe
Wastewater Treatment Plant Modification, Project No. 56EP02 (Contract); and
WHEREAS, during the course of th Contract, the parties agreed to and signed six change
orders which increased the contract price and number of days in which WPH had to complete the
contract work; and
WHEREAS, on the 14th day of November 2003, WPH filed a notice with the American
Arbitration Association under the terms of the Contract requesting mediation on three specific
claims arising out of the work subject to the aforementioned change orders for a total of
$110,416.47; and
WHEREAS, the Parties also agreed to mediate certain outstanding claims by WPH
including $706.64 for a magnetic flow meter, a claim for extended general conditions in the
amount of$89,800 and the City's claim for liquidated damages in the amount of $200 per day
since November 27,2003; and
WHEREAS, the Parties met on February 3, 2004 with a mediator and resolved these
outstanding claims.
NOW, therefore, based on the foregoing, the parties hereto mutually agree as follows:
Settlement Agreement - City of Bozeman -Williams Plumbing Page 1 of 3
April 20, 2004
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I. The City hereby agrees to pay to WPH the amount of One Hundred Thousand
($100,000.00) Dollars for claims described above. Said payment shall be made within thirty days
of the City Commission approving this settlement agreement.
2. WPH acknowledges and agrees the amount set forth above will be in full and final
satisfaction of all claims by the WPH which were subject to the mediation held on February 3,
2004 and as fully set forth in items a, b, and c of paragraph 2 of the Contractor's Certificate and
Release signed on the 19th day of December 2003, by Ken Williams, Owner, WPH attached
hereto. Subject to the terms of this Agreement, the parties further agree to forever release the
other for all claims subject to the mediation held February 3, 2004 and as set forth as items a, b, c
and d in paragraph 2 of the Contractor's Certificate and Release signed on the 19th day of
December 2003 by Ken Williams, WPH.
3. In return for the foregoing, the City shall not charge liquidated damages as allowed
under the tenns of the Contract.
4. The City further agrees to write a letter of recommendation for WPH concerning its
work on the aforementioned project.
5. The parties hereto mutually acknowledge and agree that each shall be responsible for
their respective attorneys fees for the mediation. The parties further agree that all costs associated
with the mediation shall be split as equally as possible between the parties.
DATED this ~ day of Ap,ell , 2004.
WILLIAMS PLUMBING, HEATING & UTILITIES, INC.
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~Ken Williams, President
Settlement Agreement - City of Bozeman -Williams Plumbing
April 20, 2004 Page 2 of 3
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Richard J. Andriolo, Attorney at Law
CITY OF BOZEMAN, MONT ANA
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ATTEST:
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Ro in Sullivan, Clerk of Commission
Settlement Agreement - City of Bozeman -Williams Plumbing Page 3 of 3
April 20, 2004