ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of -- )
)
Shimmick Construction Company, Inc. ) ASBCA Nos. 63114, 63662
)
Under Contract No. W912P5-17-C0007 )
SETTLEMENT AGREEMENT
For the purpose of disposing of the Parties’ claims, without any further proceedings and without there being any further adjudication of any issue of law or fact, and without constituting an admission of liability on the part of any party, and for no other purpose, the appellant, Shimmick Construction Company, Inc. (“SCCI”), and the appellee, the United States Army Corps of Engineers (“the Government”) (collectively, “the Parties”) enter into this Settlement Agreement.
RECITALS
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pursue an equitable adjustment to the contract for alleged time impacts associated with “CL 141
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Miter Gate GFE,” which reservation of rights is referred to below as “the Miter Gates.”
In consideration of the above recitals, the mutual promises herein and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, and intending to be legally bound, the Parties mutually agree as follows:
$33,016,732.30 (the “Settlement Amount”), inclusive of interest, with each party to bear its own costs, attorney fees, and expenses.
otherwise do what is necessary to secure payment of the Decision and Final Judgment to SCCI
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from the Judgment Fund established by 31 USC §1304. SCCI agrees to cooperate with the Government in executing any documents necessary to execute the modification discussed above and to seek payment from the Judgment Fund.
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move to dismiss the appeal with prejudice, using this Settlement Agreement as evidence of the lack of the subcontractor’s authority to file the subcontractor’s appeal and SCCI’s objection to the same.
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Government pursuant to this Settlement Agreement may be subject to off-set in accordance with 31 U.S.C. § 3701 (off-set for other Government debts) and that any off-set will not invalidate this Settlement Agreement. Finally, the Government shall retain all rights under the Inspection of Construction clause, FAR 52.246-12, and Warranty of Construction, FAR 52.246-21.
Agreement may be executed in separate counterparts all of which, when taken together, shall constitute the entire agreement.
Accordingly, this settlement agreement shall not bind the Parties, nor shall it be cited or otherwise referred to, in any proceedings, whether judicial or administrative in nature, in which the Parties or counsel for the Parties have or may acquire an interest, except as is necessary to effect the terms of this Settlement Agreement.
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Settlement Agreement.
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IN WITNESS WHEREOF, SCCI and the Government have executed this Agreement.
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Shimmick Construction Company, Inc.
By: Print Name: Steven E. Richards Title: Chief Executive Officer
Date: August 8, 2024
U.S. Army Corps of Engineers
By: Stacy S. Wiggins
Contracting Officer Date: August 8, 2024
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ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of -- )
)
Shimmick Construction Company, Inc. ) ASBCA Nos. 63114, 63662
)
Under Contract No. W912P5-17-C-0007 )
SETTLEMENT AGREEMENT
Exhibit A
Change Request No. | Change Request Title |
CL139 | RFI 756/757 Ops Building Equipment Layout |
CL148 | RFI-798 Service Water Recess Lighting |
CL154-2 | RFI-768 Shear Wall Descope vs Electrical |
CL169 | Lightning System for Operations Building |
CL176 | RFI 851 DS Traffic Tower Change |
CL177 | RFI 874 M1 Elec. Update for RFI 272 |
CL178 | RFI 866 Pump Motor Disconnects |
CL184 | RFI 785 Drawings Response |
CL188 | RFI 0887 – U3E Various Conduit Routing |
CL192 | RFI 433, 449, 799, and 890 Drawing Changes |
CL196 | RFI 850 And 920 Misc Drawings |
CL199-2 | RFI 869 Lock Control System |
CL203 | RFI 935 Warning Horn, Light, and Sign |
CL210 | CCTV Revisions |
CL214-2 | M1 Conduit Revisions |
CL219-1 | RFI 867 Compressor Room Electrical |
CL220-1 | RFI 854 U/S Crossover Gallery Conduit |
CL095 | Compressor Room Selective Demo |
CL144 | Culvert Valve Shaft Extension |
CL160 | Misc. Changes RFI 702, 808, 815 & 824 |
CL167-2 | Ops Building Sump Pit_RFI 856, 820, 557 |
CL168-2 | RFI 0794 Ops Exterior Panel Mounting |
CL170 | RFI 829, 882 Top of Lock Slope |
CL175 | RFI 858 Ops Bldg Fire Protection Testing |
CL186-2 | CL186-1 Ops Building IMP Design |
CL198 | RFI 924 GFE Downstream Bridge Plates |
CL200 | RFI 939 CV Cyl Recess Blockout |
CL202-2 | RFI 947 Ops Building Plumbing |
CL204 | RFI 950 Valve and Vent Recess Covers |
CL208-2 | RFI 700 Special Inspections |
CL209 | RFI 288 Removal of Stability Berm |
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CL218 | VEQ Maintain Testing Lab and COE Offices |
CL221 | QBM Dental |
CL204 | RFI 950 Valve and Vent Recess Covers |
CL144 | Culvert Valve Shaft Extension |
CL219-1 | RFI 0867 Compressor Room Electrical |
CL220-1 | RFI 0854 U/S Crossover Gallery Conduit |
CL141 (TIA) | Miter Gate GFE |
Notice Letters Reserving Rights
SCCI-LTR-S-0623 | Notice of Potential Impact – 05 50 15-63 Caisson and Stop Log Embeds Shop Drawing |
SCCI-LTR-S-0680 | Notice of Potential Impact – RFI – 0990 Vertical Turbine Water Pumps |
SCCI-LTR-S-0685 | Notice of Potential Impact – Concrete Mix for Hard Trowel Finishes Follow Up |
SCCI-LTR-S-0701 | Notice of Potential Impact – Operations Building Slab Reinforcement Delays |
SCCI-LTR-S-0708 | Notice of Potential Impact – Precast Concrete Specifications |
SCCI-LTR-S-0705 | Notice of Potential Impact – GFE Culvert Valves Follow Up |
SCCI-LTR-S-0676 | Notice of Potential Impact – Outstanding Electrical Redesign Follow Up (RFP- 0115_CL-15) |
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