RES NO 11-05-2015 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. /( - 5 -2015
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER
INTO A SETTLEMENT AGREEMENT WITH T-N-T, INC. TO
RESOLVE PENDING LITIGATION AND AUTHORIZING
THE PAYMENT OF THE SUM OF $95,068.65 TO T-N-T,INC.;
AND FOR OTHER PURPOSES.
WHEREAS, the City of Van Buren contracted with T-N-T, Inc. for street improvements
identified as"Pointer Trail&N. 1e St. Intersection and Street Improvements" in
June, 2013; and
WHEREAS, upon completion of the improvements the City Engineer was not satisfied with
the construction of the improvements and had specific concerns related to the
warranting of the work performed and the lack of smoothness of the roadway; and
WHEREAS, the City of Van Buren withheld final payment of the Contract price due to the
concerns with the quality of the construction of the improvements; and
WHEREAS, T-N-T, Inc. filed suit against the City of Van Buren, Arkansas on May 7, 2015
alleging breach of contract by the City of Van Buren and asking for damages for
the amounts remaining on the Contract in addition to attorney's fees and costs;
and
WHEREAS, the City of Van Buren, Arkansas countersued T-N-T, Inc. claiming breach of
contract and asking for damages to correct and replace the improvements;and
WHEREAS, the City of Van Buren desires to settle the matter with T-N-T, Inc. in an amount
that reflects the concerns the City of Van Buren had with the lack of smoothness
of the road; and
WHEREAS, it is in the best interests of the citizens of the City of Van Buren, Arkansas that
the City reaches a compromise settlement with T-N-T, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The Mayor and City Clerk are authorized to execute a Mutual General Release on
behalf of the City of Van Buren releasing T-N-T, Inc. from any claims in
exchange for a release of any claims against the City of Van Buren, Arkansas and
its agents or representatives' for the consideration and payment of$95,068.65 to
T-N-T, Inc., and any other documents, contracts and agreements necessary to
effectuate resolution of this matter.
SECTION 2: The City Clerk is authorized and directed to issue payment in the amount of
$95,068.65 in favor of T-N-T, Inc.
SECTION 3: The City Attorney is directed to cause an order of dismissal with prejudice to be
submitted to the Court in the litigation captioned T-N-T, Inc. vs. City of Van
Buren,Arkansas, Crawford County Circuit Court Case No. 17CV-15-165(II).
IN TESTIMONY WHEREOF,the City of Van Bur- Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of lj for and 0 agai 'e foregoing Resolution at its regular
meeting held on the 16th day of November 2015.
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MayorRe - "`
ATTESTED: /'PR I-VE 1 IP , :
C04-4A3 OOZY%
Con ni e . ce A. - le
b,,, City Clerk/Treasurer City Attorney