HomeMy WebLinkAbout160-04 RESOLUTION•
RESOLUTION NO. 160,04
A RESOLUTION TO APPROVE A SETTLEMENT WITH
BENHAM COMPANIES, INC. IN WHICH BENHAM PAYS
$50,000.00 IN SATISFACTION OF ADDITIONAL EMPLOYEE
TIME AND SUPPLIES NEEDED FOR THE DICKSON
STREET ENHANCEMENT PROJECT
WHEREAS, without admitting liability, The Benham Companies, Inc has
agreed to pay Fifty Thousand Dollars ($50,000.00) to settle "all currently known claims"
including the additional City of Fayetteville employee time and resources needed to
complete the Dickson Street Enhancement Project; and
WHEREAS, this agreement "does not release any potential claims or causes of
action from problems, defects, deficiencies or mistakes ... which are not now known by
the City of Fayetteville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS -
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the Release attached as Exhibit "A" to release presently known claims against
The Benham Companies, Inc. for its payment to the City of Fayetteville of Fifty
Thousand Dollars, ($50,000.00) and authorizes the Mayor to sign this Release.
PASSED and APPROVED this 5th day of October, 2004.
ATTEST:
By:
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SONDRA SMITH, City Clerk
By:
APPROVED:
DAN COODY, Mayor
• •
RELEASE
For and in consideration of the payment to the City of Fayetteville,
Arkansas, of the sum of Fifty Thousand Dollars ($50,000.00), the City of
Fayetteville releases The Benham Companies, Inc. from any claim by the
City of Fayetteville related to additional costs for materials and the
additional time spent by the City of Fayetteville employees performing work
that should or might not have been necessary had The Benham Companies,
Inc. done a more complete and accurate job for the Dickson Street
Enhancement Project.
The Benham Companies, Inc. and the City of Fayetteville agree this
Release is a compromise of disputed claims and is not an admission of
liability by Benham. This Release covers all currently known claims that
The City of Fayetteville now has against Benham, but does not release any
potential claims or causes of action from problems, defects, deficiencies, or
mistakes for which Benham could be liable and which are not now known
by the City of Fayetteville.
The City of Fayetteville reserves the right to demand payment (and
file suit if necessary) for any such "hidden defects", problems, mistakes, etc
from the responsible party regardless of this Release.
DAN COODY
Mayor
SONDRA SMITH
City Clerk
NAME OF FILE:
CROSS REFERENC
Item #
Date
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Resolution No. 160-04
Document
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1
09/22/04
memo to mayor & City Council
2
draft resolution
3
Staff Review Form
4
memo to Tim Conklin
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
•
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City Council Meeting of October 5, 2004 / 40_6 7
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CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From. Tim Conklin, Community Planning and Engineering Services Director'2•
Date: September 22, 2004
Subject: 1. Approval of a resolution to approve a settlement with Benham Companies,
Inc. in the amount of $50,000.00 for the engineering services provided for the Downtown
Dickson Street Enhancement Project.
RECOMMENDATION
Staff recommends approval of the resolution and settlement in the amount of $50,000.00
with Benham Companies.
BACKGROUND
The City Council approved a contract agreement with Benham Companies on December
13, 1998 in the amount of $530,227 62 for the concept and design stage of the Downtown
Dickson Street Enhancement Project. The construction of the project was substantially
complete on December 5, 2003.
DISCUSSION /
The Engineenng Division was required to provide engineering & inspection resources
above typical levels due to the condition of the construction plans. Benham Companies
has agreed to reimburse the City for these expenses. In addition to the $50,000.00,
Benham Companies has agreed to forgive $9,250.44 that the City has been invoiced for
work by Benham Companies that occurred during construction.
BUDGET IMPACT
There will be no budget impact for this request.
• •
RESOLUTION NO.
A RESOLUTION TO APPROVE A SETTLEMENT WITH
BENHAM COMPANIES, INC. IN WHICH BENHAM PAYS
$50,000.00 IN SATISFACTION OF ADDITIONAL EMPLOYEE
TIME AND SUPPLIES NEEDED FOR THE DICKSON
STREET ENHANCEMENT PROJECT
WHEREAS, without admitting liability, The Benham Companies, Inc. has
agreed to pay Fifty Thousand Dollars ($50,000.00) to settle "all currently known claims"
including the additional City of Fayetteville employee time and resources needed to
complete the Dickson Street Enhancement Project; and
WHEREAS, this agreement "does not release any potential claims or causes of
action from problems, defects, deficiencies or mistakes ... which are not now known by
the City of Fayetteville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
approves the Release attached as Exhibit "A" to release presently known claims against
The Benham Companies, Inc. for its payment to the City of Fayetteville of Fifty
Thousand Dollars, ($50,000.00) and authorizes the Mayor to sign this Release.
PASSED and APPROVED this 5th day of October, 2004.
APPROVED:
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
R
AFT
DAN COODY, Mayor
STAFF 'VIEW FORM - FINANCIAL OBLIGATIO.
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: October 5, 2004
FROM:
Ron Petrie
Name
Engineering Design Services Community Planning & Engineering
Division Department
ACTION REQUIRED: 1. Approval of a Resolution to approve a settlement with Benham Companies, Inc. in the
amount of $50,000.00 for the engineering services provided for the Downtown Dickson Street Enhancement
Project.
COST TO CITY:
SD,.cDCX) 7 $ 173, 164.00 Dickson Street Enhancement
♦♦''(( Category/Project Budget Program Category / Project Name
Cost of this request
4470.9470.5809.00 $ 155,782.30 Street Improvements
Account Number
Funds Used to Date Program / Project Category Name
98097.20 $ 17,381.70 Sales Tax
Project Number
Remaining Balance Fund Name
BUDGET REVIEW:
X Budgeted Item
1E-23
udget Manager Date
Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
(14
City Attoflley
&wag ltd 943 tog
Date Internal Auditor Date
°1 [23(61
Date Purchasing Manager Date
ST • RECOMME .. y_ Staff recommentjs approval of the Resolution and Settlement.
Received in Mayor's Office
Department Director
Finance & Internal Services Dir.
Date
Cross Reference:
Previous Ord/Res#:
Date
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
FAYETTEt LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
c i ty_c l e rk®c i. fa yettev i l l e. a r. u s
To: Tim Conklin
CPES Director
From: Clarice Buffalohead-Pearma
City Clerk Division
Date: October 11, 2004
Re: Resolution No. 160-04
The City Council passed the above resolution October 5, 2004, approving the
settlement with Benham Companies, Inc. I have attached a copy of the
resolution and release.
This resolution will be recorded in the city clerk's office and microfilmed. If
anything else is needed please let the clerk's office know.
Attachment(s)
cc Nancy Smith, Internal Auditor