The URL can be used to link to this page

Home My WebLink AboutCAG2002-0449 - Original - Frontier-Kempter Constructors, Inc. & Harding ESE, Inc. - S. 196th St. Bridge Settlement - 11/08/2002 SETTLEMENT AGREEMENT AND MUTUAL RELEASE The City of Kent ("City"), Frontier-Kemper Constructors, Inc ("Frontier-Kemper") and MACTEC Engineering and Consulting, Inc. Uk/a Harding ESE, Inc , ("Harding"), the parties to this Settlement Agreement and Mutual Release ("Agreement") hereby agree as follows- RECITALS In July 2001, Frontier-Kemper filed a lawsuit against the City of Kent in King County Superior Court, Frontier-Kemper v City of Kent, Cause No. 01-2-18201-3 KNT ("Lawsuit"), alleging among other things that it incurred damages of approximately $2 million ansmg out of a City construction project known as the S 196`h Street Bridge Project ("Project") The parties hereto wish to resolve any and all claims that have been asserted in the Lawsuit,that could have been asserted in the Lawsuit, and that might otherwise relate to or anse out of the Project AGREEMENT 1 Payment The City shall pay to Frontier-Kemper the lump sum of$740,000 ("Payment") It is understood by the parties that the Payment shall be made by Harding or its insurer pursuant to a Settlement Agreement, Acceptance of Tender of Defense and Indemnification and Mutual Release executed between the City and Harding and effective September 4, 2002 ("Prior Settlement Agreement") The Payment shall be made by check within ten (10)business days after the execution of this Agreement by the last of the parties to sign it 2 Mutual Release. In consideration of the Payment and the other promises contained herein, the parties agree to the following mutual release a. Frontier-Kemper shall release the City, its employees and its agents, including Harding, its parent, subsidiaries and affiliates, employees, predecessors, and insurer(collectively"Harding Released Parties"), from any and all claims and liability, direct or indirect, known or unknown, which were asserted in the Lawsuit, or could have been asserted in the Lawsuit, and that might otherwise relate to or anse out of the Project b The City and Harding shall release Frontier-Kemper, its employees, its agents, any predecessors or successors in interest to Frontier-Kemper, and its subcontractors and consultants, from any and all claims and liability, direct or indirect, which were asserted in the Lawsuit, or could have been asserted in the Lawsuit, and that might otherwise relate to or anse out of the Project, with the exception of the indemnification set out below in Paragraph 3 09259 00101 ek044302 1 ORIGINAL 3. Indemnification.esha emper shall fully defend, indemnify and hold the City and Harding Released Pss from any third-party claims, c g , claims from any subcontractor or supplie of or related to the Lawsuit, the Project, or both, including defense costs and attorneys' fees ansmg therefrom 4 Dismissal of Lawsuit with Prejudice Within ten (10)business days of the receipt of payment by Frontier-Kemper, Frontier-Kemper will prepare for filing a Stipulation and Order of Dismissal ("Stipulation")which will dismiss all claims that were asserted in the Lawsuit with prejudice and without costs to any other party. The Stipulation shall be provided to counsel for the City for review and signature prior to filing with the court 5 No Admission of Liability It is understood and agreed that this Agreement resolves disputed claims and that neither this Agreement, nor the Prior Settlement Agreement constitutes an admission of liability 6 Advice of Counsel The parties hereto acknowledge that each has obtained advice of counsel with respect to this Agreement and that each understands its provisions and enters into this Agreement freely 7 Entire Agreement This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes and replaces all prior negotiations, requests, demands and proposals, written or oral 8 Severability Every provision of this Agreement is intended to be severable In the event any term or provision of this Agreement is declared to be illegal or invalid for any reason whatsoever by a court of competent I unsdiction, such illegality or invalidity shall not affect the balance of the terns and provisions of this Agreement, which terns and provisions shall remain binding and enforceable. 9. Burdens on Enforcement. In the event either party seeks enforcement of any provision of this Agreement, each party shall bear its own costs and attorneys' fees. 10. Counter Parts. This Agreement may be executed in duplicate counterparts, in which case each executed counterpart shall be deemed an original and the two counterparts together shall constitute one and the same instrument Facsimile copies of signatures shall be deemed to be the equivalent of originals r EXECUTED THIS A DAY OF NOVEMBER, 2002 CITYDf KEe T By Tid J 09259 00101 ek044302 2 3 Indemnification Frontier-Kemper shall fully defend, indemnify and hold the City and Harding Released Parties harmless from any third-party claims, e g , claims from any subcontractor or supplieTd sing out of or related to the Lawsuit, the Project, o o , including defense costs ttorneys' fees ansmg therefrom OR boTko 4 Dismissal of Lawsuit with Preludice Within ten(10)business days of the receipt of payment by Frontier-Kemper, Frontier-Kemper will prepare for filing a Stipulation and Order of Dismissal ("Stipulation")which will dismiss all claims that were asserted in the Lawsuit with prejudice and without costs to any other party. The Stipulation shall be provided to counsel for the City for review and signature prior to filing with the court 5 No Admission of Liability It is understood and agreed that this Agreement resolves disputed claims and that neither this Agreement, nor the Prior Settlement Agreement constitutes an admission of liability 6 Advice of Counsel The parties hereto acknowledge that each has obtained advice of counsel with respect to this Agreement and that each understands its provisions and enters into this Agreement freely 7 Entire Agreement This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes and replaces all prior negotiations,requests, demands and proposals, written or oral 8 Severabilrty Every provision of this Agreement is intended to be severable. In the event any term or provision of this Agreement is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions of this Agreement,which terms and provisions shall remain binding and enforceable 9. Burdens on Enforcement In the event either party seeks enforcement of any provision of this Agreement, each party shall bear its own costs and attorneys' fees 10 Counter Parts This Agreement may be executed in duplicate counterparts, in which case each executed counterpart shall be deemed an original and the two counterparts together shall constitute one and the same instrument Facsimile copies of signatures shall be deemed to be the equivalent of originals. EXECUTED THIS DAY OF NOVEMBER, 2002. CITY OF KENT By Title 09259 00101 ek044302 2 . 11/11/2002 09.48 FAX 2066826234 OLBS MORRISON _ la008 ;310771Z-29 4 11- 9-02.11sO1AMi _— Ol ns Morrlsort 7 �004 'Y ^� 11/VM/LVVY lL'b4 VAL ZVH66Y6K'3 ULLL•.i SURRIND14 NOU 04 2m 16:58 PR U*BI B LBWL 7M 30 BM TO %=4,M9" P.09L 0w 9. w * =dbpXdwCby UDC my �9fTun MOW !R ft $. t )t RNi ame44*At i1A TYU9 F� �f 2R1t�ti�a 7. at east. 8. ie '4ois � �• ��a �eargsgwdaa �. sub Pw * bw*o-awmwmw4 *"On mAmmomed mWWVutdwBt**qftd4mwmmxvppttgp in� �s nel tis maw oopira of o ba*e spblbogafaWask UICUM DAY CM arryorKwr BY lYti� o�o9w1 s E0 3�'aN mDlAA7 mn EL6TL4498Z TB=9T ZBBZ/Le/i: EXECUTED THIS _DAY OF NOVEMBER, 2002. FRONTIE :E ER CONSTRUCTORS, INC By p(.�A/ .r Title EXECUTED THIS _j2 - AY OF NOVEMBER, 2002 MACTEC Engineering and Consulting, Inc fWa Harding ESE, INC. By Title 09259 00101 ek044302 3