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HomeMy WebLinkAbout000664 Original Contract City of Port Angeles Record #000664 AEreement Purpose of Agreement. The NPS mitigation and operational measures below are in exchange for COPA's acquiescence in the planned restart of the dam deconstruction contract including, but not limited to, notching of the Glines Canyon Dam after the September 15, 2013 restart of the contract. One purpose of this agreement is the City of Port Angeles (COPA) and the National Park Service (NPS) mutually desire to protect the City's water supply. The City intends to avoid operating its Ranney Collector, to the extent possible, during dam removal and the sediment impact period. The parties anticipate the initial notching of the dam will occur in October, 2013. 1. NPS will pay COPA the cost of the initial Layne Engineering contract to evaluate the Ranney Collector, estimated at approximately $56,000. COPA will timely provide NPS with a copy of the final results of the Layne Engineering evaluation. COPA agrees that NPS may hold engineering discussions with the City and its consultants, which includes Layne Engineering, concerning the final results. 2. NPS has modified the Veolia contract to alter the south overflow channel to include a basin to remove sediment prior to discharge to the river, and pay for the modification and installation costs. NPS will provide COPA with the scope of work issued in the contract modification. NPS estimates this work will be completed or substantially completed by October 4, 2013. 3. NPS will seek permission to do work in the area of the river channel to remove the mounded sediment at the entrance to the area of the side channel where the Ranney Collector is located, and pay the costs for this NPS work. NPS will provide a photographic delineation of the area in advance for the City to review and comment. 4. If COPA identifies a problem with the Ranney Collector that may be attributed to the impacts of dam removal, COPA will request a discussion with NPS. If so, NPS and COPA will engage in discussions in which the objective will be for the parties to work in good faith to resolve the problem. 5. NPS and COPA will work together in good faith to identify and evaluate, alternatives with the objective of maintaining, or if necessary re- establishing, surface water flows to the Ranney Collector side channel during the dam deconstruction and sediment impact periods. If the parties determine implementing actions are necessary, the parties agree to discuss in good faith further next steps. NPS designates Brian Winter, or his designee, and COPA designates Craig Fulton, or his designee, to work together in good faith to execute this paragraph. 6. NPS will accelerate construction of the Temporary Diversion Pump Facility (TDPF), unless NPS, acting in good faith, reasonably determines it is not reasonable or prudent to accelerate. In the event NPS determines it is not reasonable or prudent to accelerate the construction of the TDPF, they will provide a written explanation to COPA of the reason(s) for the decision. NPS' current agreement with the contractor working on the TDPF provides that the work will be completed no later than November 18, 2013. In the event NPS accelerates the contract, NPS will notify COPA of the earlier completion date. 7. NPS will use reasonable efforts to accelerate the URS contract relating to operation of the Port Angeles Water Treatment Plant (PAWTP). At the conclusion of the URS study the parties agree to determine what, if any, additional steps are necessary. The parties agree to work together to complete the initial draft study called for in the URS contract no later than October 3, 2013. If the parties determine additional steps are necessary, the parties agree to meet in good faith to further discuss next steps. 8. NPS and COPA will resolve the radiant heater issue at PAWTP, and the damaged well screen on the Ranney Collector pump, by an NPS payment not-to-exceed $30,000. The parties agree this payment will constitute final resolution between the parties on these issues. 9. NPS and COPA agree to have timely engineering discussions both during the conceptual phase and during design regarding EWF modifications, consistent with the MOU. 10. Nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress for the purpose of that fiscal year, or other obligations for the further expenditure of money in excess of such appropriations. 31 USC §1341. Further, except as specified in Paragraphs 1, 2, 3 and 8 of this Agreement, the parties agree that this Agreement does not commit either party to any additional expenditure of funds. 11. NPS and COPA agree that this Agreement resulted from meetings held August 28-30, 2013, after COPA invoked the mediation clause contained in the 2004 Memorandum of Understanding (MOU). This Agreement expresses the entire agreement of the parties resulting from those meetings and there are no other oral agreements relating to the subject matter herein. 12. Except as specified in Paragraphs 1, 2, 3 and 8 above, this Agreement does not constitute a waiver or release of any claim or claims the City may have now or in the future for breach, default, or failure of NPS, the Department of the Interior, or any other entity to protect the quality and availability of Elwha River water for municipal and industrial use from adverse impacts of dam removal. Further, this Agreement does not constitute a waiver or release of any claims or defenses the United States may have now or in the future. The City of Port Angeles agrees to the terms of this Agreement as evidenced by the authorized signature below, and as reflected in City Council Resolution #11-13, dated September 10, 2013. The National Park Service is authorized to sign this Agreement pursuant to Secretarial Order No. 3212 and appropriate delegations of authority. National Park Service 9�3 i3 M. 9-arah Creachbaum Superintendent, Olympic National Park, NPS concur: 13 Darrin Kna Contracting Officer, Denver Service Center, NPS City of Port Angeles Dl-�� Dan McKeen City Manager, City of Port Angeles attest: Janess Hurd, City Clerk