HomeMy WebLinkAboutItem 09 - Verizon SouthwestMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: DECEMBER 16, 2003
SUBJECT: APPROVE A SETTLEMENT / INDEMNITY AGREEMENT —
VERIZON SOUTHWEST
RECOMMENDATION:
City Council consider approving a Settlement / Indemnity Agreement releasing Verizon
Southwest and Mid American Texas from future claims by the City of Grapevine relative
to sanitary sewer line damage at or near 2300 Dove Road resulting from Mid American
Texas' construction activities on or about October 13, 2003, authorize the City Manager
to execute said agreement and take any necessary action.
BACKGROUND:
Mid American Texas, a subcontractor for Verizon Southwest, installed an underground
telecommunication cable for Verizon on Dove Road utilizing directional boring
equipment. During the installation process by Mid American Texas, the City sanitary
sewer force main parallel to Dove Road was damaged.
Subsequent to the cable installation, the sanitary sewer force main failed in numerous
locations resulting in the need to replace the damaged section. Each time the pipeline
failed, the City was required to notify the Environmental Protection Agency and Texas
Commission of Environmental Quality placing us at risk of penalty. City staff replaced
the damaged section and incurred a cost of $44,896.77. Verizon Southwest was billed
for this cost.
The attached Settlement / Indemnity Agreement releases Verizon Southwest and Mid
American Texas of future claims for damages to this line in exchange for payment of the
$ 44,896.77 incurred to date by the City. The City Attorney has reviewed the agreement
and has found it acceptable.
Staff recommends approval.
MS/ms
December 11, 2003 (3:15PM)
Property Damage Release
City of Grapevine vs, Verizon Southwest, and Mid American Texas
Claim # A333119548
KNOW ALL MEN BY THESE PRESENTS:
That the Undersigned, being of lawful age, for the sole consideration of
DOLLARS(.00) dersigned in hand paid, receipt
whereof is hereby acknowledged, do/does hereby and for my/our/its heirs, executors, administrators,
successors and assigns release, acquit and forever discharge Verizon Southwest Inc, Sedgwick CMS, and
Mid -American Texas Inc. and his, her, their, or its agents, servants, successors, heirs, executors,
administrators and all other persons firms, corporations, associations or partnerships from any future
property damage claims, causes of action, demands, rights, damages, costs, loss of service, expenses and
compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account
of or in any way growing out of any and all known and unknown, foreseen and unforeseen property
damage and the consequences thereof resulting or to result from the completed operations which occurred
on or about the 13th day of October the year of 2003 at or near 2300 Dove Road, Grapevine, Texas.
It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and
that the payment made is not to be construed as an admission of liability on the part of the party or parties
hereby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy
their peace. The Undersigned warrants that no promise or inducement has been offered by the parties being
released, except as herein set forth; that this Release is executed without reliance upon any statement or
representation by the person or parties released or their representatives, and that the Undersigned is of legal
age, is legally competent to execute this Release.
It is the intent of the undersigned, in signing this document, to release and discharge not only the
individual persons and corporations named in this release, but also any other possible joint tort -feasor who
could be charged with liability or responsibility for damages for which this release is given. This Release
contains the entire agreement the parties hereto, and that the terms of this Release are contractual and not
mere recital.
The Undersigned warrants as further consideration of said sum paid that no other person, firm,
corporation or government body is entitled to any claim whatsoever growing out of the aforesaid casualty.
The Undersigned will indemnify and hold harmless the party or parties released from any and all other
claims which might arise from the aforesaid casualty.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
Signed, sealed and delivered this day of 2002 CAUTION: READ BEFORE SIGNING
LS
Witness
Witness LS
STATE OF COUNTY OF S.S
On the day of 20 before me personally appeared
to me known to be the person(s) named herein and who executed the foregoing Release and
acknowledged to me that voluntarily executed the same.
My term expires , 20
Notary Public