File #: 20-4962    Version: 1 Name: Settlement Agmt - TX Sterling
Type: Agenda Item Status: Passed
File created: 8/13/2020 In control: City Council
On agenda: 8/17/2020 Final action: 8/17/2020
Title: Consider approval of a mediated settlement agreement term sheet and authorize the City Manager to finalize and execute a Settlement Agreement and Release with Texas Sterling Construction Co., AT&T, Inc., and Hayden Consultants, Inc., L.C., consistent with the term sheet, and to take such actions and execute such documents as are necessary or advisable to consummate the settlement.

Title

Consider approval of a mediated settlement agreement term sheet and authorize the City Manager to finalize and execute a Settlement Agreement and Release with Texas Sterling Construction Co., AT&T, Inc., and Hayden Consultants, Inc., L.C., consistent with the term sheet, and to take such actions and execute such documents as are necessary or advisable to consummate the settlement.

 

Body

This matter relates to the claims of Texas Sterling Construction Co. against the City of Mesquite for delay and inefficiency damages resulting from encountering AT&T facilities during construction of the Town East phase 1 project. Hayden Consultants was the City’s consulting engineer for the project.

 

The parties mediated the dispute on August 12, 2020, and reached terms for a settlement, subject to City Council approval. The City Attorney will present the terms of settlement to the City Council in executive session.

 

Recommended/Desired Action

Staff recommends approval of the mediated settlement agreement term sheet and to authorize the City Manager to finalize and execute the Settlement Agreement and Release consistent with the term sheet.

 

Drafter

David Paschall

 

Head of Department

David Paschall