HomeMy WebLinkAbout1238 ResolutionRESOLUTION NO. 123
WHEREAS, the Cities of Pasco and Kennewick and the State of
Washington entered into a Contract Y-1463 with Arvid Grant and
Associates by the terms of which Arvid Grant and Associates was
engaged to and did perform design and construction supervision services
in connection with the design and construction of the Pasco -Kennewick
Bridge; and
WHEREAS, the State of Washington has made claim on behalf of
the Cities of Pasco and Kennewick against Arvid Grant in the sum of
$94,918.49 alleging charges and payments in excess of those permitted
by the contract, which allegations are denied by Arvid Grant; and
WHEREAS, the parties have arrived at an agreement to avoid
the uncertainties of litigation and the considerable expense of a
protracted trial; and
WHEREAS, under the Statutes of Washington, the Attorney General
of the State of Washington has authority to compromise and release
claims of this type on behalf of the Cities of Pasco and Kennewick and
of the State of Washington; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
The City Council of the City of Pasco hereby approves the
Release and Settlement Agreement between the State of Washington,
the City of Pasco, and the City of Kennewick; and Arvid Grant and
Associates, Inc., a copy of said Release and Settlement Agreement
is attached hereto and by this reference is incorporated herein, and
authorizes the Mayor of the City of Pasco to execute said Release
and Settlement Agreement.
PASSED by the City Council of the City of Pasco this 5 day
of March , 1979.
Chet Bailie, Mayor
AT
v el s, City Clerk
APP OVED AS TO F RM
Dennis J. Felice, City Attorney
RELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT, made
and entered into this day of January, 1979, by and between the STATE
OF WASIIINGTON, the CITY OF PASCO and the CITY OF KENNEWICK,
all by and through the Attorney -General of the State of Washington,
hereinafter referred to as the Cities, and ARVID GRANT AND ASSOCIATES,
INC. , a Washington corporation, hereinafter referred to as Grant;
WITNESSETH:
WHEREAS, the Cities of Pasco and Kennewick and the State
of Washington entered into a Contract Y-1463 with Grant by the terms of.
which Grant was engaged to and did perform design and construction
supervision services in connection with -the design and construction of the
Pasco -Kennewick Bridge; and
WHEREAS the State of Washington has made claim on
behalf of the Cities of Pasco and Kennewick against Grant in the sum of
$94, 918.49 alleging charges and payments in excess of those permitted. by
the contract, which allegations are denied by Grant; and
WHEREAS, the parties have arrived at an agreement to
avoid the uncertainties of litigation and the considerable expense of a
protracted trial; and
WHEREAS, under the Statutes of Washington, the Attorney
General of the State of Washington has authority to compromise and release.
claims .of this type on behalf of the Cities of Pasco and Kennewick and of the
State of Washington;
NOW, THEREFORE; the parties hereto agree that a
compromise settlement of the claims involved herein in the sum of Twenty -
One Thousand Four Hundred Forty-three ($21, 443.00) Dollars is reasonable
and fair to all parties.
PEBBLES, SWANSON & LINDSKOG
Release and Settlement Attorneys at Law
Agreement 202-212 Security Building
Page — 1 — Olympia, Washington 98501
Y
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The Cities, by and through their authorized agent, the
A ttorney General of Washington, hereby, release and discharge,Grant[[ r
from any and all claims, demands,,, actions or causes of action arising
a l x
',. ^ a.� " .' S, { ,4 Yl F, Vic. f r j♦ .;£ ,.t
out of or which may arise out of, any claim for overcharge tiby Grant on
e,•� Contract Y-1463 for the design and construction supervision on --"the,
s§;, +7 r - t - -' -'- E ` } tt t• t. t a , it?rY �.. tw"'ta.:y
Pasco -Kennewick bridge.
y
In consideration therefor Grant agrees.to.pay.to the Cities ,
{ the sum of $21, 443. 00 within ninety (90) days -of this'date-without, interest.'r ,},•;, ,-"`
lt.,is agreed that this is .a compromise settlement. of, a doubt G fv. `'
ful,and disputed claim and that Grant has.expressly denied all liability
rid. � , $ N't Y .' 1 �+ •
IN WITNESSYMHEREOF, the parties have hereunto set
their hands."the d*Lay and year,f-first above written..
CITY'OF PASCO CITY OF,KENNEWICK,; t
�'4 'r r i'.'` •,' THE STATE OF WASHINGTON ;3
4 7 : Approved by r Y By SLADE GOR TTORNEY $ x
TON A" GENERAL`;r.
ST.. 7�IJDIT P,
-,� Assistant Attorney General
BY ARVIDGRANT AND ASSOCIATES; INC
CITY. GAF PASCO B • ,. �.
OF KENNEWICK
t .
1 S -
r
` PEBBLES, SWANSON &
{ 'Release and Settlement
,z
s'
'Agreement
Attorneys at La'
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202-212 Security Bu
Page -2 - :
Olympia, Washington