HomeMy WebLinkAbout000471 Original Contract City of Port Angeles
Record #000471
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement is between the City of Port Angeles "City
URS Corporation "URS and the National Park Service, U.S. Department of the
Interior "NPS and concerns the heating, ventilation, and air conditioning system for
the office areas "Office Area HVAC of the Port Angeles Water Treatment Plant
"PAWTP
Recitals:
1. The Secretary of the Interior, through Secretarial Order No. 3212, has authorized
NPS to take actions to fully restore the ecosystem through dam removal and has
delegated authority to the NPS to implement specific mitigation measures
required under the Elwha River Ecosystem and Fisheries Restoration Act, Public
Law 102 -495, 106 Stat. 3173, including actions to mitigate the impacts of dam
removal on water quality and quantity for the City of Port Angeles. One of those
actions was for NPS to fund and manage the design and construction of the
PAWTP.
2. NPS contracted with URS to perform Architectural and Engineering services
including design services and review of the construction contractor's submittals
for proposed equipment for the PAWTP.
3. The PAWTP was transferred to the City by the PAWTP Transfer Agreement,
executed by the City and NPS in October of 2008.
4. It has been determined that corrective actions are needed for the Office Area
HVAC in order for the system to function properly. These actions were described
in a letter from URS to Karl von Rosenberg of NPS, dated June 21, 2011, with the
subject of Port Angeles Water Treatment Plant Heating, Ventilation, and Air
Conditioning System Site Visit, Review, and Input, Contract C200003500,
Delivery Order T2000035031, URS Project 22239981 /3.0 (hereby incorporated
by reference).
5. The City will take full responsibility for completing the work necessary to fix the
HVAC system.
6. The parties desire to enter into this Settlement and Release Agreement to resolve
all issues between them pertaining to the resolution of any problems that now
exist or may occur with the Office Area HVAC.
NOW, THEREFORE, the parties agree as follows:
A. Payment. URS agrees to provide payment to the City of $5,459.00 in return for
the full and complete release by the City provided below.
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Payment to the City shall be made by check payable to the City of Port Angeles
and mailed to City of Port Angeles, ATTN: Director of Public Works, PO Box
1150, Port Angeles, WA 98362. URS will require the City's Taxpayer ID
number (TIN) in order to issue a corporate check.
B. Release. In consideration of the payment aforesaid, City hereby releases and
forever discharges the United States of America and its employees, contractors,
agents, and assigns, including URS, from any and all claims, demand, damages,
actions, causes of action or suits of any kind or nature whatsoever with regard to
the Office Area HVAC. This release paragraph satisfies any outstanding
obligation of the NPS under Article VI, paragraph B of the PAWTP Transfer
Agreement with regard to the Office Area HVAC.
C. Additional Terms.
(i) Nothing in this Agreement shall be construed as requiring the NPS to
expend any funds.
EXECUTED by the parties on the dates set out below. This agreement becomes fully
effective upon the date of the final signature.
For the City of Port Angeles
Signature: 0\--.....
Name: Oa,1.,'e.t Airc1 w,
Title: City Manager
Date: gbh? Z
Attest
Signature: 4 r.,,_.6. 1 A
Name: 9 essa Hurd
Title: City Clerk
Date: r/ q f 1 2
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Approved as to Form
8 12.01
Name: William E. Bloor
Title: City A mey
gettre
For URS
Signature:
Name: Michael Rosenfeld
Title: Vice President
Date: 7/25/12
For the Na Park Service
Signature:
Name: Darrin Knapp
Title: Contracting Officer
Date: 1 I ZS\ a-
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