HomeMy WebLinkAbout2017-187 Parks & Rec Release of Liability
ASHLAND PARKS & RECREATION COMMISSION
340 S PIONEER STREET • ASHLAND, OREGON 97520
COMMISSIONERS: g y Michael A. Black, AICP
Mike Gardiner Director
Joel Heller O
Rick Landt 541.488.5340
Jim Lewis AshlandParksandRec.org
parksinfo@ashland.or.us
Matt Miller
RELEASE OF LIABILITY
THIS AGREEMENT is made on September ~ '2017, by and between City of
Ashland; (City), a municipal corporation of the State of Oregon, and Galli Group P.C.; (Galli), a
professional corporation.
RECITALS:
The City agrees to release and acquit Galli and its respective agents, employees,
successors, and assigns from any and all current claims, demands, damages, costs, attorney fees,
liability, claims for contribution, claims for indemnity, and claims for breach of contract, error or
omissions, or negligence arising out of or in any way related to 1) the engineering designs,
inspections or other engineering services Galli performed between the time period of March 21,
2016 and June 30, 2017 associated with the failure of the North Mountain Park Channel Rock
Project 5154 that occurred between the same time period as above stated, and 2) for all aspects of
the new work to be done per the new design by The Galli Group, which The Galli Group does
not fully inspect and verify as consistent with their new plans and specifications.
In further consideration of the release by City given hereby, Galli agrees to provide in
addition to an amount City already paid for in the original contract, engineering designs,
necessary to repair the above stated failure of the North Mountain Park Channel Rock Failure
5154, and Galli agrees to provide such services with no further charge to City. Galli services do
not include inspections for which the City engineering staff will be responsible.
The parties declare and represent that they fully understand the terms of the settlement
and voluntarily agree to accept this resolution and settlement of any claims the City may have
against Galli, and the persons or corporations released hereby.
It is further understood and agreed that this settlement is in compromise of doubtful and
disputed claims and that neither the performance of additional engineering services nor release is
to be construed as an admission of liability on the part of any above-named party by whom
liability is expressly denied. This release contains the entire agreement between the parties, and
the terms of this release are contractual and not a mere recital.
The undersigned further state that they have carefully read the foregoing release and
know the contents thereof, and that they sign the release as their own free acts.
CITY OF HLAND
By: +-a- - By:
Karns Michael Black
City Administrator, City of Ashland Parks and Recreation Commission
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GALLI G OUP's ED AS TO FORM
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By: Ash n t. C
William F. Galli Date-247727[72ZO C7
Senior Principal Engineer