Why did NCTD need to settle with West Coast Rail Constructors (WCRC)?
Both NCTD and WCRC were committed to successful completion and close out of this important project and agreed that executing this agreement was in the interest of taxpayers and fair to the contractor. What are the major terms of the agreement? Settlement Agreement II: • Settles all disputes related to the Sprinter Mainline Project for $7,384,378.00, which is $17,615,622 less than the original claim of $25 million. • Settles all disputes regarding WCRC’s entitlement to Constructive Acceleration Compensation, under the terms of SPRINTER Settlement Agreement I, in the amount of $3.3 million. • Provides that the closeout of the SPRINTER Project Owner Controlled Insurance Program will proceed in accordance with the Project Contract Documents. • Preserves NCTD rights against WCRC related to third party actions, warranties and latent construction defects. • Establishes Total Contract Value for SPRINTER Mainline Project of $238,985,000.00 (inclusive of nearly $29 million of reimbursable work.)
