HomeMy WebLinkAboutResolution - 2315 - Settlement Agreement - Appian Corporation - Asphaltic Street Repair - 05_08_1986Resolution #2315
May 8, 1986
Agenda Item #14
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Asphaltic
Street Repair Compromise and Settlement Agreement to be entered into by and
between the City of Lubbock and Appian Corporation for the repair and/or
reconstruction of street paving as set forth in such Agreement, attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as fully copied herein in detail.
Passed by the City Council this 8th day of May , 1986.
B. C. McMINN, MAYOR
ATTEST:
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APPROVED AS TO CONTENT:
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Jim Be trak, Assistant City Manager
for De�-lopment Services
APPROVED AS TO FORM:
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Jrfiorth Fullingim, Assistot City
A orney
Resolution #2315
ASPHALTIC STREET REPAIR COMPROMISE
AND SEILEMENI AURL+EMEN1
( _ -- -- CityAt'orney
WHEREAS, the City of Lubbock, a home rule municipality
located in Lubbock County, Texas (herein called "City") and
Appian Corporation, a Texas Corporation with its principal
offices being located in Hereford, Deaf_ Smith County, Texas
(herein called "Appian") pursuant to tf�e 1983 Maintenance Repair
Program Contract "C" entered into by and between City and Jake
Diel Dirt & Paving, Inc. (the predecessor of what is now known as
Appian Corporation being one and the same corporate entity except
for such change of name from Jake Diel Dirt & Paving, Inc. to
Appian Corporation) entered into an ancillary agreement whereby
they compromised and settled certain matters as more particularly
set forth in such agreement with respect to the reconstruction of
the paving improvements at 58th Street and Indiana Avenue in the
City of Lubbock, Lubbock County, Texas, said compromise and
settlement agreement bearing date of June 14, 1985, and,
WHEREAS, there was reserved in said agreement of June 14,
1985 the matter for future determination between the City and
Appian as regard to responsibility for paving reconstruction on
the following streets:
(1) Indiana Avenue at 62nd Street
(2) West 1/2 of Indiana Avenue from 65th Place to 66th
.Street
(3) Indiana Avenue from 34th
(4) 21st Street from Indiana
(5) 24th Street from Peoria
(6) Memphis Avenue from 50th
50th Street
and,
to 35th Street
Avenue to Memphis Avenue
Avenue East
Street to 200 feet north of
WHEREAS, City and Appian, without in any manner admitting in
liability in the premises by reason of the execution of this
instrument, in consideration of the promises and agreements
hereinafter made by City and Appian to be kept and performed, and
in order to compromise and settle such matters do hereby contract
and agree as follows:
City agrees to accept as its full responsibility the
reconstruction and paving repairs (at City's expense) on the
following portions of streets:
(1) Indiana Avenue at 62nd Street
(2) West 1/2 of Indiana Avenue from 65th Place to 66th.
Street
(3) 21st Street from Indiana Avenue to Memphis Avenue
II.
City will cause to be torn out and removed the existing one
and one half inch hot mix paving (on or at the top) and such
paving replaced with a new one and one half inch hot mix paving
on Indiana Avenue from 34th to 35th Street, and the estimated
cost of this reconstruction and repair is $13,409.60, which shall
be withheld by the City from retainage and/or moneys due Appian
to accomplish such reconstruction.
Appian will (at its expense) replace the one and one-half
inch hot mix paving at the following locations:
(1) Approximately 533.3 square yards of paving which needs
replacing on 24th Street from Peoria Avenue east.
(2) On Memphis Avenue from 50th Street to approximately 200
feet north of 50th Street. Appian agrees to complete
such hot mix paving replacement on or before JUNE 30
2 1986
IV .
The release of any funds due to Appian from the City shall
be subject to the right of the City to retain funds under Article
5160, V.A.C.S., for claims of persons, firms, or corporations
furnishing labor and materials on the paving work herein contem-
plated, and the right of City to inspect, approve, and accept any
paving work done hereunder.
V.
Upon satisfactory completion, inspection, and acceptance by
the City Council of the paving work done hereunder by Appian
pursuant to Section III hereof, City shall pay to Appian the sum
of $74,680.36 as final payment due Appian under the original
paving contract, the Compromise and Settlement Agreement of June
14, 1985, and under this agreement. Said final payment sum of
$74,680.36 is arrived at by adding the.$62,440.78 retainage plus
$25,649.18 unpaid to Appian under Estimate No.7 under the
original paving contract and subtracting therefrom the sum of
$13,409.60 to be withheld by the City under Section II hereof.
VI.
As a continuing consideration from paragraph 60, page II-25
of said 1983 Maintenance Repair Program Contract "C" referred to
in the preamble hereof, Appian hereby agrees that as regards any
work done and performed by Appian pursuant to this agreement,
Appian shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear
within a period of one year from the date of substantial com-
pletion of such work. City or the City's representative shall
give notice of observed defects with reasonable promptness. It
is the purpose hereof to continue the protection afforded the
City by said paragraph 60 to cover improvements done or caused to
be done by Appian hereunder.
Executed in duplicate originals this 8th day of
1986, each executed copy having the dignity
of an original, in the City of Lubbock, Lubbock County, Texas,
and performable in said City.
ATTEST:
CITY OF LUBBOCK
BY:
B. C. McMINN, MAYOR
Ranedte Boyd, City Secretary
APPROVED AS TO CONTENT:
C r�sistan_f�
Ji rtram, Assistant�r City
Man`a r for Development Services
APPROVED AS TO FORM:
Jhn C. Ross, Jr., City Attorney
APPI�A�NjCORPORATION
BY
WARNER LAWS0N,�PRES1DENT
AP�PR VED AS TO FORM:
DUNALD L . DAVIS
ATTORNEY FOR APPIAN
CORPORATION
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