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HomeMy WebLinkAbout2008-013 - Bucher Willis & Ratliff BILL N0.2008-13 ORDINANCE N0.2008-13 AN ORDINANCE APPROVING A FINAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE WITH BUCHER WILLIS & RATLIFF CONCERNING PROFESSIONAL SERVICES WHEREAS, a dispute has arisen between the City of Riverside, Missouri (the "City") and Bucher Willis & Ratliff ("BWR'~ concerning the quality, timeliness or furnishings of certain portions of the professional services provided by BWR for the City; and WHEREAS, both parties, wish to avoid legal action and have come to an agreement concerning the dispute between the parties; and WHEREAS, based on the information available to both sides, both parties believe that the Final Settlement Agreement and Mutual Release is fair, reasonable, and adequate, and that it serves the best interests of both parties. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri as follows: Section 1. The Board of Aldermen determines that the proposed Final Settlement Agreement and Mutual Release is fair, reasonable, and in the best interests of the City and its citizens. Section 2. The Final Settlement Agreement and Mutual Release attached hereto as Exhibit A is hereby approved. The Mayor is hereby authorized to execute the Final Settlement Agreement and Mutual Release on behalf of the City. Section 3. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as maybe necessary or convenient to perform all matters herein authorized. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~,~~~day of January, 2008. ~Y~~etiJ thleen L. Rose, Mayor ATTEST: [seal] .~, L uise Rusick, City Clerk Final Settlement Agreement and Mutual Release WHEREAS The City of Riverside, Missouri (City) and Bucher Willis & Ratliff (BWR) entered into an agreement (the Agreement) under which BWR provided certain professional services (the Work) to City, in exchange for payment of a fee on a project referred to as and commonly known as N. W. Gateway Road,.(Project). WHEREAS, a dispute has arisen between City and BWR concerning the quality, timeliness or furnishing of certain portions of the Work (the Claims) and: WHEREAS, both parties, wish to avoid the uncertainty and expense of legal action and wish to maintain the spirit of cooperation; it is the intent of the parties to completely resolve their differences as stated herein. Tf IS HEREBY AGREED: 1. That in consideration of a payment from BWR to City in the amount of Seventeen Thousand Five Hundred Six Dollars and 94/100 ($17,506.94) City hereby waives any and all claims, releases and forever discharges BWR, its agents, servants, employees, partners, subsidiaries, subconsultants, successors and assigns (the Releasees) from any and all claims, potential claims, debts, demands, costs, expenses and liabilities of every name and nature, known or unlmown, which may arise, in law or in equity, out if the services provided on this Project, , 2. It is understood and agreed that the terms of this Release are given for the purpose of malting a full and final compromise and settlement of all claims, and potential claims of City for the Project. The undersigned declare and represent that, in making this Release, they rely wholly upon their own judgment, and that they have not been influenced to any extent whatsoever by any representations or statements made by any of the parties released herein or any persons representing them. 3. This Release is given on behalf of City and BWR and their successors and assigns. It is understood and agreed that this Release contains the entire agreement between the parties, and the terms hereof are contractual and not mere recitals. 4. It is expressly understood and agreed by City and BWR the payment of the above-said amount is only for the compromise of a disputed claim and is not in any way to be construed as an admission of liability by any party released under this Release. 5. City and BWR represent and warrant that they have not sold, assigned, conveyed or otherwise transferred, prior to execution of this Release, any interest in any claim or demand which City or BWR had or now has or may claim to have against any of the parties released herein which is covered by this Release. li. -. . .-., 6. It is expressly understood and agreed by City and BWR that the existence and terms of this Release and Settlement Agreement and payment of the above-said amount are to be kept strictly confidential and not disclosed in any way to any third party. 7. 'This Release shall be governed by and construed in accordance with the laws of the State of Missouri. 8. The undersigned represent that they have read .and understand this Release. That they have reviewed the terms and conditions thereof. That they have sought and been given legal advise regarding the terms and effect and they and have been duly authorized by City or BWR, respectively, to execute this Release on behalf of its organization and to bind its respective organization to this Release. City of Riverside, Missouri By: Bucher Willis & Ratliff Corporation J By: Printed Name: 7~9 iL (.. o,S G Title: ,f/ _ Date: ~`~~~0 Printed Name:~~'- ~ ` ~~ Title:,~ti ,1~ca0 -~'~ Date: Z' 1- a