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HomeMy WebLinkAboutC2009-014 - 1/20/2009 - ApprovedAGREEMENT 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 ~ D ~ ~,C ,o,, ~ 2~py A el R. Escobar, P.E. City Manager ApprovedatblAgalt'""` t/~/~~ ~~ Veronica OcarHDR Engineering -_:.,...... r~M,. HDR ENGINEERING, INC. ~iaob~-oJ8 AUTHORIZED er eounca. ~ o 09 Jame hine , P.E. SEC ~J. Senior Vice President 2009-014 __~~ ~~~.y,~q,~~ M2009-018 '~'° 0 ARMANDO CHAPA 01/20/09 attSeC~rARv