HomeMy WebLinkAboutRelease and Settlement Agreement with TMC Inc. for New Meridian City Hall ProjectR,~LEASE ANI~ SETTLEMENT AGI~EMENT
This Agreement is entered into on this day of October, 201 1, by and between the
City of Meridian ("Releasor"}, and the TMC, Inc, ~"Releasee"}, and all of Releasor's and
Releasee's employees, employers, officers, directors, representatives, attorneys, agents,
successors, assigns, heirs, spouses, and any and all other persons or entities acting in their
individual capacity or on behalf of Releasor and Releasee,
WHEREAS, (fin May 8, 2007, Releasor and Releasee entered into a contract under
which Releasee was hired to perform masonry worlt on the New Meridian City Hall Project.
Among other things, the specifications far such project called for the coursing, placing, and
bonding of masonry to the exterior of the new building. Releasor took occupancy of the
building an October of 2008. tin October 13, 2009, Releasor sent a letter notifying Releasee of
significant issues involving visibly apparent areas of deficiency of the Work performed and
installed including missing or cracked grout, masonry out of plumb and out of alignment, and
failed repairs. Releasor and Releasee have engaged in numerous discussions regarding the
alleged deficiencies and potential remedies. Releasor and Releasee have agreed on a scope of
work to be performed by Releasee as set forth in the document titled "Meridian City Hall
Masonry Veneer Remediation" prepared by ZGA architects dated September 2d, 2011 (the
"Remediation Plans"); and,
WHEREAS, Releasor and Releasee eacl~ have reviewed and understand the foregoing
stipulated facts and the remainder of this Agreement, and hereby agree to the contents herein as
~ being the correct and entire agreement between the parties, This Agreement is entered into in
the State of Idaho and is to be interpreted by the laws of the State of Idaho. There are no
promises, inducements, agreements, terms, conditions ar obligations other than those contained
herein, with the exception of the issue of the incomplete building paper wrap into the window
jambs which is the subject of a separate Memorandum of [~nderstandin executed b the
~ y
parties, both Releasor and Releasee have consulted with their own counsel as to the contents
and consequences of this Agreement and understand that this Agreement is to be an absolute
defense and shall forever be a complete bar to the prosecution of any actions, lawsuits or
proceedings whatsoever against Releasee arising out of or in any way related to the agreement
dated May 8, 2007 with the above exception noted.
NOW, THEREFORE, Releasor and Releasee agree as follows;
In consideration of the work to be performed by Releasee as specified in the
Remediation Plans, and upon completion of all the work and sign off by Architect ZGA and
( )
Construction Manager tl~reizenbecl~) ,Releasor agrees to release Releasee from liability for
any and all rights, causes of action, claims, lawsuits, damages of any nature, both known and
unl~nown, both now and in the future, that arose, will arise andlor are related in any way as a
result of the May $, 2007 Agreement, with the exception of the issue of the incomplete
building paper wrap into the window jambs which is the subject of a separate Memorandum of
C~nderstanding executed by the parties, This Agreement shall discharge Releasee from any
and all claims and lawsuits whatsoever that Releasor could have brought, or could bring
against Releasee in the future based on the performance of the May 8, 2007 Agreement with
,,~,,, the above exception noted,
RELEASE AND SETTLEMENT AGREEMENT Page 1 of Z
'~` Releasor full ~u~derstands an '
y d agrees that, vv~th the exception of the bu~ld~ng wrap
issue noted above, this Agreement is a full, final and complete release and discharge of any and
all claims of any nature which it nzay have against Releasee, and is inclusive Qf any claims ar
demands for attorney's fees and casts,
The undersigned have read the foregoing Agreement and fully understand the
same,
DATED this ~ day of C}ctober, 2011.
R~L~AS4R:
City of Meridian
.
~-
Tammy de W ayor
R~~~AS~~:
TMC, Inc.
Tim McGourty, President
RELEASE ANb SETTLEMENT AGREEMENT Page ~ of 2