Document YGEmKnM6yYx8VO271Ybo8zyNK

ENCR Consulting Engineering Remediation June 26, 1996 Via Federal Express ENSR Ref. No: 1410-015-400 ENSR Doc. No: LPW/616 35 Nagog Park Acton, MA 01720 (508) 635-9500 FAX (508) 635-9180 Hasmukh C. Shah, Ph.D. Manager Vinyl Chloride Panel Chemical Manufacturer's Association 2501 "M" Street, N.W. Washington, DC 20037 Re: Settlement Agreement-Vinyl Chloride Study, ENSR- CMA Contract dated March 31, 1995 Dear Dr. Shah: ENSR is most pleased to confirm that the settlement you have proposed as a result of our ongoing discussions is acceptable to ENSR. In this letter I have summarized ENSR's understanding of this settlement. Please confirm your acceptance by signing in the agreement section below. The following summary provides a complete and final settlement of the issues which were raised by CMA in CMA's December 28, 1995 letter to ENSR regarding the contract referenced above; as discussed in numerous telephone conversations held between the parties; and as expressed in other previous correspondence exchanged between ENSR and CMA regarding this subject. 1. ENSR agrees to excuse CMA of ENSR's outstanding invoices relative to ENSR Project No. 1415-015, CMA Reference No. VCHC-5.0-EPI ENSR. ($11,700.00) 2. ENSR agrees to pay CMA a cash settlement of $14,000.00 by July 31, 1996. This would include $10,000.00 for death certificates, $1500.00 in state fees associated with tracking down death certificates when the certificate number is not known, and $2500.00 for a nosologist to code the death certificates. 3. ENSR agrees to subcontract with Nancy Gordon pursuant to the May 6, 1996 Scope of Work (paragraph 2, sentence 4, and paragraph 3), to select the appropriate files off the CMA- Vinyl Chloride tape and convert the data sets from CMA 115140 ENSR Mr. Hasmukh C. Shah, Ph.D. Chemical Manufacturers Association June 26, 1996 Page 2 CMS-SAS format to PC- SAS data sets and then forward the tape to Applied Epidemiology, Inc., at no cost to CMA or Applied Epidemiology, Inc. The subcontract with Nancy Gordon will be deemed complete only after all the work has been completed in accordance with the terms of this letter. ENSR and CMA agree that the above is a complete and final settlement of the issues which were raised by CMA in CMA's December 28,1995 letter to ENSR regarding the ENSR- CMA contract referenced above. I have prepared two (2) originals of this letter. If you are in agreement with the above please so acknowledge by signing both copies, retaining one for your files and returning one original to the attention of Ms. Patricia McKee. Sincerely Linnea P. Westberg Senior Contracts Administrator Agreed and Accepted: Chemical Manufacturer's Association Signature: ____________ Name: _______ ___ _________ Title: ______________ Date: ____________ cc: Peter Rasco, ENSR/Alameda CMA 115141 Consulting Engineering Remediation August 16, 1996 Via Federal Express ENSR Ref. No: 1410-015-400 ENSR Doc. No: LPW/662 35 Nagog Park Acton, MA 01720 (508) 635-9500 FAX (508) 635-9180 Hasmukh C. Shah, Ph.D. Manager Vinyl Chloride Panel Chemical Manufacturer's Association 2501 "M" Street, N.W. , 1300 W/ljon |vJ. Washington, DC 20032- Arli'njton, \JA ZlLioq Re: Settlement Agreement-Vinyl Chloride Study, ENSR- CMA Contract dated March 31,1995 ENSR Letter, same subject, dated June 26, 1996 CMA facsimile to ENSR, August 12, 1996 Dear Dr. Shah: ENSR has reviewed your comments to our June 26,1996 letter and has incorporated your revisions into the Settlement Agreement. I have prepared two originals of this letter. Please sign both copies and return one fully executed original to my attention at your earliest convenience. The following summarizes the actions which the parties have agreed to take in order to settle the issues which were raised in CMA's December 28, 1995 letter to ENSR regarding the contract referenced above. 1. CMA shall not be required to pay any of ENSR's outstanding invoices relative to ENSR Project No. 1415-015, CMA Reference No. VCHC-5.0-EPI ENSR. (Total:$11,700.00) 2. ENSR agrees to pay CMA a maximum of $14,000.00 by August 31, 1996. This amount includes replacement of the death certificates, state fees associated with tracking down death certificates when the certificate number is not known, and expenses for a nosologist to code the death certificates. - -- 3. ENSR agrees to contract with and pay Nancy Gordon pursuant to the attached May 6, 1996 Scope of Work (paragraph 2, sentence 4, and paragraph 3), to select the CMA 115142 ENSSt Mr. Hasmukh C. Shah, Ph.D. Chemical Manufacturers Association August 16, 1996 Page 2 appropriate files off the CMA- Vinyl Chloride tape and convert the data sets from CMS-SAS format to PC- .SAS data sets and then forward the tape to Applied Epidemiology, Inc., at no cost to CMA or Applied Epidemiology, Inc. The contract with Nancy Gordon will be deemed complete only after all the work has been completed in accordance with the terms of this letter. ENSR and CMA agree that completion of each of these three tasks will constitute a complete and final settlement of the issues which were raised by CMA in CMA's December 28, 1995 letter to ENSR regarding the ENSR* CMA contract referenced above. As soon as I receive a signed original of this Agreement, I will send the check for $14,000.00. Please do not hesitate to contact me if you have questions. Sincerely, Senior Contracts Administrator Agreed and Accepted: Chemical Mr '* Signature: Name: Title: Date: cc: Peter Rasco, ENSR/Alameda Bob Venezia, CMA CMA 115143