Ordinance No. 15,180 ORDINANCE NO. 15,180
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SETTLEMENT
AGREEMENT WITH FORDE CONSTRUCTION COMPANY, INC., DUE TO
THE TERMINATION OF THE 2021 MILL AND OVERLAY CONTRACT FOR
THE CONVENIENCE OF THE CITY; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SIXTY-TWO
THOUSAND SIX HUNDRED THIRTY-TWO AND 97100 DOLLARS
($162,632.97); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That the City Council of the City of Baytown, Texas, hereby authorizes a
settlement agreement with Forde Construction Company, Inc., due to the termination of the 2021
Mill and Overlay Contract for the convenience of the City. A copy of the Release of All Claims
setting forth the terms of the settlement is attached hereto, marked Exhibit "A," and incorporated
herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Forde
Construction Company, Inc., in the amount of ONE HUNDRED SIXTY-TWO THOUSAND SIX
HUNDRED THIRTY-TWO AND 97: 100 DOLLARS ($162,632.97) in accordance with the
agreement authorized in Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 251h day of August, 2022
NDON CAPETILLO, Mayor
ATTEST: QpYTOWN
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ANGELA ACKSO 'q +Cl? o c
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APPROVED AS T ORM:
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SCOTT LEMO ND, City Attorney
R:'•Karen Anderson ORDINANCES 2022 2022.08-25 SettlementwrthFordeConstructionDue2TerminationotMillandOverlayContract.docx
EXHIBIT "A"
RELEASE OF ALL CLAIMS
This Release is made and executed as of August—,2022 by and between Forde Construction
Company, Inc. (hereinafter as "Forde") and the City of Baytown (the "City") of their own free will
and choosing and in support thereof would show as follows:
RECITALS
WHEREAS, Forde has provided goods and services, specifically paving work, materials,
and services, at the request of the City to projects located at in the City of Baytown pursuant to the
Annual Asphalt Mill & Overlay Program, IFB No. 21-0840 (the "Contract");
WHEREAS, on or about July 7, 2022, the City provided notice to Forde terminating the
Contract with Forde for convenience under Section 8.08 of the Contract effective July 8, 2022.
WHEREAS, Forde has asserted and claimed amounts due to Forde for work performed by
Forde pursuant to the Contract(the "Claims").
WHEREAS, the City has asserted certain defenses and claims disputing the amount
owed to Forde for the services provided by Forde on the Contract(the"Dispute").
WHEREAS, Forde denies any liability,wrongdoing, and/or defects in the work performed by
Forde.
WHEREAS, the parties desire to settle their claims in order to avoid the additional costs of
litigation and forever buy their peace, and the parties acknowledge that such settlement and this
Release, and any payment made hereunder, is without any admission of, nor is it to be construed as
any admission of, liability or wrongdoing by any party.
NOW, THEREFORE, for and in consideration of the payment made as specified herein
along with other good and valuable consideration which the parties herein stipulate and agree to
exist, the parties herein agree as follows:
Release: Forde-City of Baytown
1373 Pagel of 3
RELEASES AND COVENANTS
1. Upon complete execution of this Release by the parties and actual and complete
payment of$162,632.97 by the City to Forde, and other good and valuable consideration the receipt
and sufficiency of which is hereby acknowledged, Forde and the City, their agents, successors,
assigns, representatives, employees, officers,owners, attorneys, and affiliates do hereby RELEASE,
ACQUIT and FOREVER DISCHARGE each other from any and all claims, liabilities, causes of
action, demands of any kind or character arising from, under or relating to, directly or indirectly,
the indebtedness and the Contract, the Dispute, the Claims, and any payment or performance bonds
related to same.
2. The payment amount specified in Paragraph 1 is to be paid upon execution and
delivery of this Release by the City to Forde pursuant to the instruction of Forde.
3. This Release is binding upon and inures to the benefit of Forde and the City and
their respective affiliates, parent corporations, directors, officers, employees, agents,
administrators, executors, legal representatives, heirs, assigns and successors.
4. This Release is, and shall be, governed by the laws of the State of Texas. In the
event that judicial action is brought for the interpretation or enforcement of any of the provisions
contained herein, the parties stipulate that the venue for such action shall be Harris County,
Texas and agree that this agreement shall be performable in Harris County, Texas.
5. This Release may be executed in multiple counterparts,each of which shall constitute
an original.
6. The undersigned specifically represent that each knows the contents and effects
hereof, each has read and understands the above and that each executes the same as his or her
own free act. The undersigned specifically represent, warrant, and agree that they are duly
authorized to execute and deliver this Release. The undersigned specifically warrants that it has
Release: Forde-City of Baytown
1373 Page 2 of 3
carefully read this agreement and been offered the opportunity to consult with an attorney with
regard to the execution of this Release.
City of Baytown
By:
Richard L. Davis, City Manager
ATTEST:
Angela Jackson, City Clerk
APPROVED AS TO FORM:
Scott Lemond, City Attorney
Forde Construction Company, Inc.
By:
Paul Forde, President
Release: Forde-City of Baytown
1373 Page 3 of 3