City of Milwaukee - File #: 130163

• File #: 130163
• Version: 2
• Type: Resolution
• Status: Passed
• File created: 5/21/2013
• In control: COMMON COUNCIL
• Final action: 7/2/2013
• Title: Substitute resolution to approve settlement of the City of Milwaukee’s claims against J. P. Cullen & Sons, Inc. in the matter of City of Milwaukee v. Simpson, Gumpertz & Heger, Inc., et al, Milwaukee County Circuit Court Case No. 12 CV 004989.
• Sponsors: THE CHAIR
• Indexes: CITY HALL, SUITS SETTLEMENT

Date	Ver.	Action By	Action	Result	Tally
7/11/2013	2	MAYOR	SIGNED
7/2/2013	1	COMMON COUNCIL	SUBSTITUTED; Minutes note: Ald. Murphy moves to substitute Proposed Substitute A for the resolution that was adopted by the committee.	Pass	15:0
7/2/2013	2	COMMON COUNCIL	ADOPTED	Pass	15:0
6/25/2013	1	STEERING & RULES COMMITTEE	RECOMMENDED FOR ADOPTION; Minutes note: Individuals appearing: Grant Langley, City Attorney Miriam Horwitz, City Attorney's Office Mark Nicolini, Department of Administration - Budget & Management Ghassan Korban, Department of Public Works Commissioner Ald. Nik Kovac, 3rd Aldermanic District Rudolph Konrad, Deputy City Attorney	Pass	7:0
6/17/2013	0	STEERING & RULES COMMITTEE	HEARING NOTICES SENT
6/17/2013	0	STEERING & RULES COMMITTEE	HEARING NOTICES SENT
5/21/2013	0	COMMON COUNCIL	ASSIGNED TO

Number
130163

Version
SUBSTITUTE TWO
Reference

Sponsor
THE CHAIR
Title
Substitute resolution to approve settlement of the City of Milwaukee’s claims against J. P. Cullen & Sons, Inc. in the matter of City of Milwaukee v. Simpson, Gumpertz & Heger, Inc., et al, Milwaukee County Circuit Court Case No. 12 CV 004989.
Analysis
This resolution approves a settlement of the City of Milwaukee’s claims against J. P. Cullen & Sons, Inc., (JPC) one of several defendants in the matter of City of Milwaukee v. Simpson, Gumpertz & Heger, Inc., et al, Milwaukee County Circuit Court Case No. 12 CV 004989. This resolution authorizes the City Attorney to execute a Settlement Agreement and to execute other legal documents which may be necessary to effectuate the settlement called for herein; and this resolution further authorizes the Commissioner of Public Works to execute a contract for the terra cotta repair project between JPC and the City which will be part of the Settlement Agreement. The settlement provides that JPC will enter into the Contract for the Milwaukee City Hall Terra Cotta Repair Project, to repair and replace specified terra cotta on the Milwaukee City Hall façade, for a contract price of $6,707,000 paid by the City of Milwaukee; that JPC will provide a three (3) year warranty on the replacement terra cotta; and, that upon approval of the settlement, the City will release JPC, its insurers, its subcontractors and its suppliers from all claims which have been or could be asserted against them in the lawsuit; that the City will dismiss JPC from the lawsuit although the lawsuit will continue with respect to remaining defendants; and, that the remaining defendants will be potentially liable only for that portion of the City damages that relates to said remaining defendants’ legal responsibility.
Body
Whereas, in regard to problems with the terra cotta restoration work which had been completed on the Milwaukee City Hall in 2008, the City filed suit on May ...