R2002-0003 01-14-02RESOLUTION NO. R2002-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH CLAUNCH AND MILLER INC. FOR
ENGINEERING SERVICES ASSOCIATED WITH THE REHABILITATION
OF LIFT STATIONS II, III, AND IV IN THE GREEN TEE SUBDIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Claunch and Miller, Inc., a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Claunch and Miller, Inc., for engineering
services associated with the Rehabilitation of Lift Stations II, III, and IV in the Green Tee
Subdivision.
PASSED, APPROVED and ADOPTED this the 14 day of January
A.D., 2002.
ATTEST:
�Li.d
NG Ayr
Y SE re ETA"Y
APPROVED AS TO FORM:
/Th
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
CLAUNCH & MILLER, INC.
Engineering Consultants
ATTACHMENT "A"
December 18, 2001
Mr. Jerry Burns
Director of Public Works
City of Peatland
3501 E. Oiange
Peal land, Texas 77581
RE• Fngineering Services for Design of Rehabilitation of
Lift Stations II, III & IV in Green Tee Subdivision
Dear Mr. Burns:
Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for providing engineering
services on the above referenced project.
DESCRIPTION OF PROJECT
The project consists of rehabilitation of three sanitary sewer lift station in the Green Tee
Subdivision. The existing lift stations are airlift type systems and the City desires to convert all
three to submersible pump type stations with new control systems. The City has budgeted to
construct Lift Station IV in this year s budget and Lift Stations II & III next year.
The preliminary estimated construction cost for the improvements is $310,000.00.
TOPOGRAPHIC SURVEY
Obtain a limited topographic survey of each of the lift station sites adequate for site plan design.
The elevation datum will be assumed.
PRELIMINARY ENGINEERING PHASE
• Research existing utilities in the project area.
• Determine the service area for the lift stations and anticipated flow rates.
• Determine the preliminary design for the lift stations including the size of the pumps and
site layout.
3701 Kirby Drive, Suite 860 • Houston, Texas 77098 • (713) 524-7113
• Prepare estimated construction costs for the project.
• Develop a project schedule.
• Prepare a letter report presenting the findings, estimated costs, and schedules for the
work.
DESIGN ENGINEERING PHASE
• Prepare detailed lift station plans including site plans, lift station plans and cross sections,
piping layouts, electrical plans and details.
• Prepare contract specifications suitable for bidding.
• Prepare an update of the construction cost based on the final design.
• Furnish five (5) sets of construction documents to the City of Pearland.
CONSTRUCTION ADMINISTRATION PHASE
• Assist the City in obtaining bids for the Project.
• Dispense construction documents from CMI's office to potential bidders.
• During the bidding process, provide information to and answer questions from potential
bidders concerning the Project's construction documents.
• Evaluate the bids and the qualifications of the apparent low bidder and advise the City as
to the acceptability of the apparent low bidder.
• Act as the City's Project representative during the construction phase.
• Review and respond accordingly to all submittals as required by the contract
specifications.
• Consult and advise the City; issue all instructions to the Contractor requested by the City;
and prepare and issue, as required, change orders with the City's approval.
• Review the contractor's pay estimates, evaluate the completion of work and make
payment ieconmmendations to the City.
Page 2of5
• Visit the site at intervals appropriate to the various stages of construction to observe the
progress and quality of executed work and to determine in general if such work is
proceeding in accordance with the Contract Documents. Such site visits are intended to
be periodic in nature and are not intended to be full time site representation.
• Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by the Contractor(s) or the safety
precautions and programs incident to the work of the Contractor(s) CMI's effort will be
directed toward providing a greater degree of confidence for the City of Pearland that the
completed work of Contractor(s) will conform to the Contract Documents, but CMI will
not be responsible for the failure of Contractor(s) to perform the work in accordance with
the Contract Documents.
• Conduct a final review of the project upon completion of the construction. Prepare a
punch list of items to be completed by the contractor prior to final payment. Verify that
the punch list items have been addressed to the City's satisfaction prior to final payment.
• Prepare a recommendation for Final Payment.
• Provide record drawings based on contractor's redlines.
ADDITIONAL SERVICES
• "Additional Services" shall only be performed when directed by the City to CMI. These
services are not considered basic engineering services, as described in the previous
paragraphs.
• Services resulting from significant changes in the extent and/or scope of the Project or its
design including but not limited to changes in size, complexity, the City's schedule, or
character of construction or method of financing; and revising previously accepted
studies reports, design documents or Contract Documents when such revisions are due to
causes beyond CMI's control.
• Preparing documents for alternate bids requested by the City or documents for out of
sequence work.
• Preparing to serve or serving as a consultant or witness for the City in any litigation,
public hearing or other legal or administrative proceeding involving the Project.
• Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of defective
Page 3 of 5
or neglected work of Contractor(s), (3) prolongation of the construction contract time, (4)
acceleration of the progress schedule involving services beyond normal working hours
and (5) default of contractor
• Increased presence on site beyond the customary periodic visits associated with
construction administration to aid the City in the progress of the project.
• Additional services not otherwise provided for in the scope of services.
CMI will endeavor to apprise the City of any potential additional or extended services
which may result, prior to CMI's expenditure of time on such services. As previously
noted, any such extended or additional services shall only be performed when directed by
the City to CMI.
FEE
Topographic Survey
Claunch & Miller, Inc.'s fee for the topographic surveying is the cost plus amount of:
Preliminary Engineering Phase
$4,800.00
Claunch & Miller, Inc.'s fee for the preliminary engineering phase is the lump sum amount of•
$9,800.00
Final Design Phase
Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of:
$22,900.00
Construction Administration Phase for Lift Station IV
Claunch and Miller, Inc. will perform the Bidding and Construction Administration Phase for
Lift Station IV for the Lump Sum amount of:
$4,500.00
Construction Administration Phase for Lift Stations II & III
Claunch and Miller, Inc. will perform the Bidding and Construction Administration Phase for
Lift Station II & III for the Lump Sum amount of:
$4,500.00
Total $46,500.00
Page 4of5
Additional Services
Additional services beyond those described in the Scope of Services will be invoiced on the basis
of direct labor cost times a factor of 2.99 and direct cost plus 10%.
FEE SCHEDULE
Claunch & Miller, Inc. will submit monthly progress invoices for all engineering work
completed to invoice date. The invoices would be based on a percentage of completion of each
phase applied to the lump sum fee.
Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and to continue
working for the City of Pearland.
Sincerely,
CLAUNCH & MILLER, INC.
ames E. Thompson, P.E.
Senior Project Manager
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Exhibit "A"
R2002.-3
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City'), and Claunch and Miller, Inc. (hereinafter "Engineer') as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer: Claunch and Miller, Inc.
Description of Project: Green Tee Lift Station Replacement
Maximum Contract Amount: $46,500.00
Contract Begins: Upon Execution
Contract Ends Upon Completion
Attached Contract Document: Attachment A (September 18, 2001)
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering profession
as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Progress payments may be requested by Engineer
based on the amount of services completed. Payment for the services of Engineer shall
be due and payable upon submission of a statement for services to City. Statements for
services shall not be submitted more frequently than monthly. Any applicable new taxes
imposed upon services, expenses, and charges by any governmental body after the
execution of this Contract will be added to Engineer's compensation.
If City fails to make any payment due Engineer for services and expenses within thirty
(30) days after receipt of Engineers statement for services therefore, the amounts due
Engineer will be increased at the rate of one percent (1 %) per month from said thirtieth
(301 day, and, in addition Engineer may, after giving seven (7) days' written notice to City,
suspend services under this Contract until Engineer has been paid in full, all amounts due
for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids
for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy and
competency of their designs, working drawings, and specifications, or other documents and
services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. The Engineer shall prepare a schedule of work identified as an attachment to this
agreement and submit it for review within 15 calendar days after receiving a Notice -to -
Proceed. The Work Schedule shall be submitted in digital and paper form, in the Microsoft
Project for Windows format. The Work Schedule shall contain a complete schedule so that
the Engineer's scope of services under this contract can be accomplished within the
specified time and contract cost. The Work Schedule will provide specific work sequence
and definite review times by the City and the Engineer of the work performed. If the review
time should take longer than shown on the work schedule, through no fault of the Engineer,
additional contract time will be authorized by the City through a supplemental agreement,
if requested by a timely written request from the Engineer and approved by the City.
3. Term and Termination This Contract term will begin and end on the dates shown
above. The City may terminate this Contract at any time during its term by giving written
n otice to Engineer. The City shall pay the Engineer for all services rendered to the date
of termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or deducting
from the work to be performed. If any change under this clause causes an increase or
decrease in Engineer's cost of, or the time required for, the performance of any part of the
Services under the Contract, an equitable adjustment will be made by mutual agreement
and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing services,
City determines that any subcontractor for Engineer is incompetent or undesirable, City will
n otify Engineer accordingly and Engineer shall take immediate steps for cancellation of
such subcontract. Subletting by subcontractors shall be subject to the same regulations.
Nothing contained in the Contract shall create any contractual relation between any
subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those who
o btained said documents from City without written verification or adaptation by Engineer
will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's
independent associates or consultants, and City shall indemnify and hold harmless
Engineer and Engineer's independent associates and consultants from all claims,
damages, losses, and expenses including attorneys fees arising out of or resulting
therefrom Any such verification or adaptation will entitle Engineer to further reasonable
compensation Engineer may reuse all drawings report data, and other project information
in the execution of the services provided under this Contract in Engineer s other activities.
Any reuse by Engineer will be at Engineer s sole risk and without liability or legal exposure
to City, and Engineer shall indemnify and hold harmless City from all claims, damages,
losses, and expenses including attorneys fees arising out of or resulting therefrom.
7. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
o missions relating to the performance of any work by the Engineer, its agents, employees
o r subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in the
aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury
or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to the City.
Upon request, certified copies of all insurance policies shall be furnished to the City.
8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
e mployees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property or errors
in design, any of which are caused by the negligent act or omission of the Engineer, his
officers, employees, agents, or subcontractors under this Contract.
9 Assignment Engineer shall not assign this Contract without the prior written consent
of the City
10. Law Governing and Venue This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and the
Engineer and supersedes all prior negotiations, representations, or contracts, either written
or oral. This Contract may be amended only by written instrument signed by both parties.
Purchase orders issued under this Agreement shall contain a statement nullifying
additional terms and conditions on the reverse side of the purchase order and referencing
this Agreement.
12 Conflicts in Contract Documents. The above provisions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means
to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled through
negotiation, then the parties agree first to try in good faith, and before bringing any legal
action, to settle the dispute by mediation of a third party who will be selected by agreement
of the parties.
EXECUTED and EFFECTIVE as of the )/ day o
ATTEST:
Y• ng Lo
Secaary
PPROVED AS TO FORM:
Darrin M. Coker
City Attorney
ATTEST:
CITY OF PEARLAND
By:
Bill Eisen
City Manager
20.
CLAUNCH AND MILLER, INC.
04:•;•0 a6 �e�.� By:
Printed Name: flint. D C'aPe- Printed Name: c h i istoQk•t.vr- � C �4ric-1
Title: Atpftwyisriewra R Title: rsc1/4a4;1.r4-
STATE OF TEXAS
COUNTY OF WI,
v/ea
§
BEFORE ME, the undersigned Notary Public, on this day personally appeared
j,'i/ e%s P7 , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
ji7L &et t y A.D., 20 6,2 .
Tstee .err.�.errrr. terr.escess �r.�ra i
�'lP'RY PVm'. 1 a Notary Public, State of Texas k
PERLA N. LEHMAN k
My Commission Expires: S
k.�rrrrrrrrdr, iresc stewes.•-rrrer.21
STATE OF TEXAS §
COUNTY OF §
N OTARY PUBLIC IN AND FOR THE
S TATE OF TEXAS
Printed Name: ,a / �'= �� 47
My Commission Expires:o�
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20 .
N OTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
P rinted Name:
My Commission Expires:
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer:
Description of Project:
Maximum Contract Amount:
Contract Begins:
Contract Ends*
Attached Contract Document:
Upon execution
Upon completion
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract Progress payments may be requested by Engineer
based on the amount of services completed Payment for the services of Engineer shall
be due and payable upon submission of a statement for services to City Statements for
services shall not be submitted more frequently than monthly. Any applicable new taxes
imposed upon services, expenses, and charges by any governmental body after the
execution of this Contract will be added to Engineer's compensation.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt of Engineer s statement for services therefore, the amounts
due Engineer will be increased at the rate of one percent (1%) per month from said
thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days written
notice to City suspend services under this Contract until Engineer has been paid in full,
all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
1
D. Subject to Article 9 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E The Engineer shall prepare a schedule of work identified as an attachment to
this agreement and submit it for review within 15 calendar days after receiving a
Notice -to -Proceed. The Work Schedule shall be submitted in digital and paper form, in
the Microsoft Project for Windows format. The Work Schedule shall contain a complete
schedule so that the Engineer's scope of services under this contract can be
accomplished within the specified time and contract cost. The Work Schedule will
provide specific work sequence and definite review times by the City and the Engineer
of the work performed. If the review time should take longer than shown on the work
schedule, through no fault of the Engineer, additional contract time will be authorized by
the City through a supplemental agreement, if requested by a timely written request
from the Engineer and approved by the City.
3. Term and Termination. This Contract term will begin and end on the dates shown
above. The City may terminate this Contract at any time during its term by giving written
notice to Engineer. The City shall pay the Engineer for all services rendered to the date
of termination.
4. Modifications City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject
to the same regulations. Nothing contained in the Contract shall create any contractual
relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer s fees for services Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
2
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer s sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Construction Representation. If required by the Contract, Engineer will furnish
Construction Representation according to the defined scope for these services.
Engineer will observe the progress and the quality of work to determine in general if the
work is proceeding in accordance with the contract documents. In performing these
services Engineer will endeavor to protect City against defects and deficiencies in the
work of contractors Engineer will report any observed deficiencies to City, however, it is
understood that Engineer does not guarantee the contractor's performance, nor is
Engineer responsible for the supervision of the contractor's operation and employees.
Engineer shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the contractor, or the safety precautions and
programs incident to the work of the contractor Engineer shall not be responsible for
the acts or omissions of any person (except his own employees or agents) at the project
site or otherwise performing any of the work of the project.
8. Insurance.
A. The Engineer shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Engineer, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not Tess than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1 000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non -owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
3
Certificates of Insurance and endorsements shall be furnished to the City before work
commences Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
9 Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
10. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
11. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
12 Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
13. Conflicts in Contract Documents. The above provisions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting provision contained in any referenced contract document specified above.
14. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows If a dispute arises out of or
relates to this Contract or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the day of
,20
4
ATTEST: CITY OF PEARLAND
Young Lorfing
City Secretary
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
By:
Bill Eisen
City Manager
ATTEST: , Engineer
By:
Printed Name: Printed Name:
Title: Title:
5
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20
STATE OF TEXAS §
COUNTY OF §
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name.
My Commission Expires:
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 20
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name.
My Commission Expires:
6