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Home My WebLink About5238Contract Number. 5238 Vendor JOE HUDSON Sub�ect. Settlement Agreement & Release Department Legal File Class LEG 12-1 Begin Date 3/4/2013 End Date: Review Date Vault Date 2015 Comments � 1� SETTLEMENT AGREEMENT AND RELEASE 1. Parties. This settlement agreement and release ("Agreement'� is entered into on the date fully executed below by and between Joe Hudson, owner of certain property located at or adjoining 545 4�' Street in the City of Bremerton affected by this agreement, hereinafter referred to as "Owner" and the City of Bremerton, hereinafter referred to as "City". 2. General Recitals. The City recenfly converted overhead utilities to underground utilities in the alley between 4 Street and Burwell Street. Owner is required to connect Owner's property to the utilities after the utility conversion. Owner has objected to incurring the costs of said connection and has asserted a claim against the City. By tlus Agreement, the parties intend to resolve Owner's claim and to release the City from all liability related to the Owner's costs of connection. 3. Ternas of Settlemen� In consideration of the City paying 62.5% of the cost for Owner to connect to the utilities, Owner agrees to connect to the underground utilities, and as set out in detail below, discharge the City of its claim, release the City from any liability related to the connection, and hold the City harmless from any claims related to the connection. The parties agree that the total cost of connection is $2,804.82, which includes the cost assessed by Puget Sound Energy (PSE) in the amount of $589.82, as well as Olympic Electrical Contractors ("Contractor"), the electrical contractor performing the utility connection in the amount of $2,215.10. The City's share of the cost at 62.5% is $1,753.01 which includes $368.64 to be paid to PSE and $1,384.37 to be paid to Contractor. City will deliver to Owner checks made payable duectly to PSE and Contractor for the City's share of the payment. The City will deliver these checks to Owner within 15 days of receipt of the invoices and acceptance of the same. If the checks are not timely delivered by the City to Owner or by the Owner to PSE or Contra.ctor, then the party at fault will pay all related interest and penalties assessed, if aay, and indemnify and hold the other party harniless for the same. This obligation supersedes paragraphs 4 and 5 in the event of a conflict. Owner sha11 choose and enter into a contract with the Contractor to perform the connection. The City will not be a party to Owner's contract with the Contractor. The City's payment to the Contractor does not create any contractual relationship with the Contractor or guarantee Contractor's work or in any way create a duty between the City and the Owner regarding the Contractor's worlananship. 4. Release. For the consideration stated above, Owner agrees on behalf of himself, his heirs, successors and assigns to forever release and forever discharge the City and its officials, employees and agents from all claims of any kind or nature Owner has or may later have related to the facts alleged or that could have been alleged resulting from the undergrounding, conversion and connection of utility services to Owner's properties by Contractor. Acceptance of tlus release is not to be construed as an admission of liability or responsibility on the part the City. The City expressly denies liability or responsibility for such claims. Regardless of the adequacy of the above consideration, the acceptance of this release shall not operate as an acimission of liability on the part of the City to Owner or its contractors. 5. Hold Harmless. The Owner warrants that no other person or entity has or has had any interest in the claim or causes of action referred to in this release, and tha.t he has the sole nght and exclusive authority to execute this release and receive any sums specified in it. The Owner shall defend and indemnify the City and hold the City harmless should any other person or enhty claim to have an interest in the claims and injuries described in tlus release relating to Contractor's work to connect Owners properties to the underground utilitres. i � . 6 Jurisdiction This Agreement sha11 be construed m accordance with the laws of the State of Waslungton. The provisions of this Agreement have been negotiated by the parties, and when interpreting the provisions of tlus Agreement, there shall be no presumption of draftsmanslup for or against either party. Should any lrtigation result from tlus Agreement, each party is responsible for its own lrtigation costs and attorney's fees. 7 Terms Accepted. The Owner hereby declares that the terms of this release have been completely read and are fully understood and voluntanly accepted. The Owner further declares that he has been given a full and fair opportunity to consider this release and knows that tlus release releases potentially unknown clauns and/or claims about which he may have linuted knowledge CITY OF BREMERTON By PAT ENT, ayor nate 3 � '/ 3 R�I,egal�I.egal�Files\Current Actrve Fdes�Park Avenue PlazaWlley Uttl�ty Convers►on\4th Street uhlity converswn settlement - Final doc 2 Date {�� . ' `' � ELECTRICAL COW�RACTORS Lioense# OLYMPEG945LA P.O. Box 2268 Port Or+d�a►+d. WA � Phone: 3�D 876 765t! Fax: �0.876.4�312 Proposal Tv: Evergreen Trophies 545 4th St Bremerton, WA 88337 Date: November 13, 2012 Phone: 360.373.6689 Emait: joe@evergreentroptires.00m lmiof� � Per yaur requ�t, we submit priang and �ons for U�e above referenced proje�t as foibws: PROJECT 545 4th ST Extend 2 inch oonduit from underground to the existing overhead sennce. 1) Inst�1130ft of 2 inch SCH 80 PVC c�nduit 2) tnstail 50ft of 250l250/ 3/0 wire 3) Provide straps, s�pports and handware 4) Permd Material: $ 450.00 Labor: $1,5�.00 Tax: $167.70 Petmit: $ 97.40 Total: $ 2,215.10 Sc�ci�c Exclusions: 'Overtime (4pm-7am � all day weekends arui holidays) *Due to the current market conditions, this proposai is valid for 14 days after issuance. Cornracts not s�gned within 14 days are sutrject to prtang revisfions. Pa�e f o�2 Thank you for considering Olympie Electricai Contractors foF your pro�eds. i look forward to your authorizabon on the above refer�enced project. if you have any questions or rf 1 can be of fu�ther assistanoe, piease contact me at 360.876.7650. Smcerely, EMAILED NOVEMBER 13, 2012 Ty Loper Date OwnerMlaster Electriaan Acc�anc� of Pro�i The prices, terms and conditions listed are satisfactory for the work described. You hereby authorize Olympic Electrical Cor�actors to perfomn the work as ouUined above. Any alterations from tha above �c�lca�ons may invo{ve addi�onal costs and wili be executed only upon wrrtten notic$. Owner/Contractor Date Terms artd Cortdltlons 1) Olympic E/edrfcal Cornradors agree.s to per�+Onm a!1 work in a careful, professronal martner and to fumish onty mat�rfals ofgaod quaNly. 2) All work wlll be perlormect during nom►a/ busine�ss hours, 7:ODAM to 4 PM, Mortday ihrough Fiiday unless othenvise noted in fihe savpe of work as des�,Yit�d above. 3) Paymer►t wf11 � made In ful! wlthin � days of Invnkae. My balance remafning un�ald after 30 days sha/l irtcur a finenoe char8e onmputed et e rate of 1.50% Pe�' rrronHr (equtva/ent ro an anrruaf penpe�iage rafe of 18�). 4) The oameNcornractor �qrees to provfde flre and all other necessary irtsurances 5) All agneemeMs ar+s ovr►bngent upon strikes, accjderns. a' dslaYs bsYond O/ym�Pic ElecMcal Contracior's control. Page 2 of2