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16-179.00 CH2M: Sullivan West Bridge Replacement Settlement CH2M 999 W.Riverside Ave. 2111ft. Suite 500 Spokane,WA 99201 O 11509 747 2000 F +1509 6231622 www.ch2m.com November 2 2016 Mr. Eric Guth Public Works Director City of Spokane Valley 11707 E.Sprague Avenue,Suite 106 Spokane Valley,WA 99206 Subject: Sullivan Road West Bridge Replacement,Centennial Trail Clearance Design Issue Project number 428859 Dear Mr.Guth, CH2M is pleased that we have been able to come to an agreement related to the realignment of the Centennial Trail("Claim"). The Claim is related specifically and exclusively to the design and construction required to realign the trail as a result of inadequate clearance under the new structure resulting from CH2M's final bridge design. This work includes the construction of the trail, retaining walls,stairs,relocation of the AT&T utility,and other features included as part of the contractor's change order for this work. As requested,CH2M offers the following to resolve the Claim: First,CH2M will assume and waive the design and related consulting services costs associated with the trail relocation design,right-of-way/easement adjustments and permitting. These costs have been incurred by CH2M and have not been passed on to the City of Spokane Valley. CH2M has captured these costs separately on our project tracking number. Second,CH2M will also reimburse the City for additional costs incurred through the contractor as a result of the changes needed forthe realignment of the Centennial Trail. The total construction costs :for which CH2M will reimburse the City,agreed to at the meeting on February 18,2016,is$76,216. In addition,CH2M will reimburse the City for the$9,981.36 cost to relocate the AT&T utility,for a total .reimbursement of$86,197.36. CH2M proposes to deduct this amount from future invoices until the full amount is covered. CH2M has held its billings over the past several months anticipating a resolution Of this Claim. In summary,CH2M proposes to deduct the total reimbursement amount -from our.next invoice,which will be submitted in early November. If the current invoice doesn't cover the amount agreed to with the City,a check will be prepared for the remaining amount and sent to the City. Third,the City is holding an invoice from June(covering Jan-May 2016). We recommend canceling this invoice. We will reissue that invoice to include a credit towards the$86,197.36 that is owed to the City. In consideration of the terms set forth above,which were negotiated in good faith by the parties to resolve solely the Claim as described above,and effective upon mutual execution of this agreement,the City forever releases and discharges CH2M and any of its present,former or future employees,officials, agents,consultants,and their lawyers from any and all manner of action or actions,cause or causes of CH2M HILL,INC. Mr. Eric Guth Page 2 November 2,2016 action,whether in law or in equity,suits,debts,liens,contracts,agreements,promises,liabilities,claims, demands,damages,losses,costs or expenses,of any kind or nature whatsoever,known or unknown, suspected or unsuspected,fixed or contingent,relating to the Claim. For the avoidance of doubt,this release shall apply solely and exclusively to the Claim,and shall not operate to waive,discharge,or impair any other rights,remedies,or actions the City may have with respect to other services provided by CH2M,including any other errors or omissions not related to the Claim that may be attributable to CH2M. If the City of Spokane Valley agrees with this agreement as the method to reimburse the City for the $86,197.36,please sign and return a copy of this letter. By executing,both parties agree that there are no outstanding issues related to the Centennial Trail Design issues,subject to the conditions contained in the prior paragraph,and this agreement constitutes a full and final accord between them. Nothing herein shall be construed as an admission of liability by CH2M. Regards, • CH2M HILL,Inc. City of Spokane Valley Roger W. Flint6Ak l O 12-/k/ Vice President/Transportation /� Northwest Geographic Manager ( ` y /� abt f l CH2M HILL,INC.