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2014 RBF/ Project 2011-01 Settlement AgreementMICHAEL BAKER INTERNATIONAL October 27, 2014 Mr. Timothy Jonasson, P.E. Public Works Director, City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 RE: Settlement and Release of claims associated with the Washington Street and Highway 111 Improvements, Project No. 2011-01 ("Project"). On February 20, 2014, the City of La Quinta ("City") notified RBF Consulting ("RBF") of Change Order Costs related to design issues ("Design Issues") associated with the curb elevations designed on Washington and Highway 11 I discovered by City and subsequently corrected by city. As a result of such Change Order Costs, City incurred additional costs of forty thousand dollars ($40,000) on the Project. For and in consideration of the covenants of City set forth herein, RBF agrees to pay the sum of forty thousand dollars ($40,000) in full and complete resolution of any and all claims arising out of the Design Issues. This is to confirm that payment of the forty thousand dollars ($40;000) is integrated into the Settlement and Release of Claims associated with the Washington street and Highway 1 I I Improvement Project. Payment from RBF will be within thirty (30) days of the date the City executes the Settlement and Release of Claims document. City and RBF individually, on behalf of itself and its affiliates, agents, officers, directors, employees, stockholders, representatives and assigns does hereby release, discharge and acquit the other party, its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, stockholders, agents, employees, assigns and insurers, and those of that patties subconsultant(s) both in their individual and corporate capacities, separately and severally, of and from each and every claim, right, demand, action, liability or cause of action that party has or may have had against the other party relative to the Design Issues, This counter -signed letter for Settlement and Release of claims is not to be construed as an admission of any fault or liability of or by RBF with respect to existing or potential claims associated with the Design Issues, which were asserted or might have been asserted by City. City and RBF agree to execute any and all instruments and perfoma all functions necessary in order to cause this counter -signed letter for Settlement and Release of claims to be consummated and become effective and fulfilled as soon as possible. The persons signing this counter -signed letter for Settlement and Release of claims represent that they are fully authorized to execute this document on behalf of the respective parties hereto. This counter -signed letter for Settlement and Release of claims shall inure to the benefit and be binding upon the parties hereto, their predecessors, successors, assigns, stockholders, directors, officers, agents, employees, heirs, administrators, executors and assigns. The terms of this counter -signed letter for Settlement and Release of claims are contractual and not a mere recital. RBF and. City acknowledge individually that each has carefully read this counter- signed letter for Settlement and Release of claims, knows and understands the contents hereof, and signs below as its own free act and deed. Both RBF and City hereto expressly warrants and represents to the other parties that before signing this counter -signed letter for Settlement and Release of claims, it has fully informed itself of the terns, contents, conditions and effect, that no promises or representations of any kind have been made to it or on behalf of the parties to this counter -signed letter for Settlement and Release of claims except as is expressly stated in this Agreement, that each party has relied solely upon its own judgment in executing this counter -signed letter for Settlement and Release claims. Signed Signed RBF Consulting, A Michael Baker International Company Digitally signed by Frank 1. Spevacek Y .T 1 DN: serialNunnber=g8x45hi4dsg5g957, c=U5, "st California, I—la Quinta, o=Frank J. -Spevacek, cn Frank J.Spevacek : By, Date: 2014.12.15 15:59:47 -08'00' Title: v -CC P `i Title: Tate: it Ill 114 Tete: TO: Frank J. Spevacek, City Manager FROM: Wlothy R. Jonasson, Public Works Director/City Engineer DATE: December 11 RE: Settlement and Release of Claims Associated with Washington Street and Highway 111 Improvements, Project No. 2011 -01, from Michael Ba .er I-itervatio-tal Attached for your signature is a Settlement and Release of claims from Michael Baker International, parent company of RBF Consulting ("RBF"). It is a counter- signed letter wherein RBF agrees to pay the City $40,000 to settle all claims arising from their design errors which resulted in additional expense to the City on the Washington Street and Highway 111 Improvements project. Your signature will confirm that RBF's offer of $40,000 to settle this claim is acceptable to resolve this matter. RBF will send the City a check in this amount within 30 days of receipt of the counter -signed letter. The City Attorney has reviewed and approved the settlement letter as to • Reviews and signatures. are now being conducted electronically via the TRAKiT system. Please provide your electronic signature and advise the City Clerk once you have done so. The City Clerk will continue with full execution and final distribution.