HomeMy WebLinkAboutM2009-018 - 01/20/2009MOTION 01/20/09
14. Motion authorizing the City Manager or designee to execute a settlement
agreement with HDR Engineering, Inc., relating to Temporary Authorizing WWC
No. 11899778 for the City of Corpus Christi Cefe Valenzuela Landfill -Municipal
Solid Waste Permit No. 2269.
ATTEST:
Armando Chapa, City Secretary
Garr tt, Mayor
City of Corpus Christi
M2009-018
AGREEMENT AND RELEASE
This agreement is between the City of Corpus Christi (City), a Texas home rule
municipal corporation, and HDR Engineering, Inc. (HDR), a Nebraska corporation, its
principal place of business at 8404 Indian Hills Drive, Omaha, NE, 68114-4098.
WHEREAS, the City incurred costs relating to the Temporary Authorization
(TA) that was required by the Texas Commission on Environmental Quality (TCEQ) to
allow the opening of the Cefe Valenzuela Landfill while permits were obtained for
certain infrastructure changes at the site, and
WHEREAS, HDR agrees to pay the City Forty Thousand One Hundred and
Sixty Two Dollars ($40,162.00) in full satisfaction of all costs incurred by the City
relating to the Temporary Authorization (TA); and
WHEREAS, as part of this agreement, HDR also agrees to waive fees or give
the City credits totaling Eighty Thousand Nine Hundred Dollars ($80,900.00) for fees
for engineering services provided to the City,
THE PARTIES AGREE AS FOLLOWS:
In consideration of the following: (1) HDR shall pay the City Forty Thousand One
Hundred and Sixty Two Dollars ($40,162.00); and (2) HDR shall waive Eighteen
Thousand Dollars ($18,000.00) in fees for the Cefe Permit Modification Costs as
part of Project #5038,waive Twenty Thousand Dollars ($20,000.00) in fees for the
J.C. Elliott Permit Amendment as part of Project #5186, and shall give the City a
credit of Forty-two Thousand Nine Hundred Dollars ($42,900.00) for fees for
engineering services provided to the City, the City hereby releases, discharges,
acquits and holds HDR harmless and its parent and affiliated companies from any
claims, liability, costs, damages, penalties, delay, indemnity, consequential
damages, fines or other sums, whether arising in tort, contract, or otherwise,
relating to the TA that was required by the TCEQ to allow the opening of the Cefe
Valenzuela Landfill while permits were obtained for certain infrastructure changes
at the site.
CITY OF CORPUS CHRISTI
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" g 1 R. Escobar, P.E.
City Manage
ARMANDO CHAPA
CCTV SECREiAfl"
HDR ENGINEERING, INC.
Jame hine , P.E.
Senior Vice President - AU HORIZED
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