| | | | | | | |  |
CITY COUNCIL AGENDA MEMO |
|
| | | | | | | | | MEETING DATE: | 3/21/2023 | | DEPARTMENT: | Legal | | DIRECTOR: | B. Caleb Thornhill, P.E., Director of Engineering | | AGENDA ITEM: | Approve a settlement agreement between the City of Plano and Collin Creek Development, LLC regarding the design of the culverts at Collin Creek and authorizing the City Manager to execute all necessary documents. | | RECOMMENDED ACTION: | Items for Individual Consideration |
|
| | | | | | | | ITEM SUMMARY Consideration to approve a settlement agreement between the City of Plano and Collin Creek Development, LLC regarding design of culverts and authorizing the City Manager to execute all necessary documents consistent with the deal points listed herein and as presented by staff. Approved |
| | | | | | | | BACKGROUND The Engineering Department recommends approval of a settlement agreement with Collin Creek Development, LLC regarding design of culverts at the former Collin Creek mall property. Collin Creek Development, LLC provided design services to the City of Plano for the culvert project. The City, Ragle (the City's construction contractor) and Collin Creek Development entered into settlement discussions to resolve a dispute about design issues regarding the project. The design issues resulted in a large change order from Ragle, which is also on this agenda. Without admitting fault, Collin Creek Development, LLC has agreed to pay $1.2 million dollars to the City of Plano, upon execution of the settlement agreement, to contribute to the payment of the change order. The City will assign its claims against Collin Creek Development, LLC's design team. The City will get a share of any proceeds obtained from the design team or its insurers over $1.2 million. By approving this agenda item, the City Council authorizes the City Manager to enter into all necessary agreements to resolve this matter consistent with the deal points discussed herein above and as presented by City staff at the Council meeting. |
| | | | | | | | FINANCIAL SUMMARY/STRATEGIC GOALS Approval of this item will support the City's Strategic Plano Critical Success Factor of being and Excellent, Innovative and Accountable City Government. |
| | | | | | | | FINANCIAL SUMMARY/STRATEGIC GOALS Approval of this item will support the City's Strategic Plano Critical Success Factor of being and Excellent, Innovative and Accountable City Government. |
|