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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. 1 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 2 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- 3