R2023-197 2023-08-14RESOLUTION NO. R2023-197
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with Ardurra Group, Inc., for professional services associated with
the TCEQ-TPDES permit renewal application process for the Southdown, John
Hargrove Environmental Center and Reflection Bay Reclamation Facilities, in
the estimated amount of $67,175.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for professional services associated with the TCEQ-
TPDES permit renewal application process, 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 for professional services associated with the TCEQ-TPDES
permit renewal application process.
PASSED, APPROVED and ADOPTED this the 14th day of August, A.D., 2023.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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PROFESSIONAL SERVICES AGREEMENT
Contract#P0723-10
This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by and
between the CITY OF PEARLAND ("City"), a Texas home rule municipal corporation and Ardurra Group, Inc.
("Consultant"), located at 3115 Allen Pkwy, Ste 300,Houston TX 77019; each individually referred to as a
"parry" and collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes.
In the event of any conflict between the terms and conditions of Exhibits A,B or C and the terms and conditions set forth in
the body of this Agreement,the terms and conditions of this Agreement shall control.
1. Exhibit"A,"- Scope of Services more specifically describes the services to be provided hereunder.
2. Term.This Agreement shall begin on the date signed by the City Manager below("Effective Date")and
shall expire on August 14,2024("Expiration Date"),unless this Agreement is otherwise extended or terminated in
accordance with the terms specified herein. City shall have the option in its sole discretion,to renew this Agreement under
the same terms and conditions,for up to zero(0)one year renewal options,at City's sole discretion.
3. Compensation. City shall pay Vendor in accordance with the fee schedule of Vendor personnel
who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit`B,"
—Price Schedule. Total payment made under this Agreement for the by City shall be in an amount up to
$67,175.00.Payments for the following years shall be as described in Exhibit B.Vendor shall not perform any
additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and
approves in writing the additional costs for such services. City shall not be liable for any additional expenses of
Vendor not specified by this Agreement unless City first approves such expenses in writing.
4. Termination.
4.1 Written Notice. City or Vendor may terminate this Agreement at any time and forany
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds areappropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendorof such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except asto the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated
prior to the Expiration Date, City shall pay Vendor for services actually rendered up tothe effective date
of termination and Vendor shall continue to provide City with services requested by City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason,Vendor shall provide City with copies of all completed or partially completed
documents prepared under this Agreement. In the event Vendor has received access to City Information
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or data as a requirement to perform services hereunder,Vendor shall return all City provided data to City
in a machine-readable format or other format deemed acceptable to City.
5. Disclosure of Conflicts and Confidential information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor'sservices under
this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,agrees
that it shall treat all information provided to it by City("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Public Information Act. City is a government entity under the laws of the State ofTexas
and all documents held or maintained by City are subject to disclosure under the Texas Publiclnformation
Act.In the event there is a request for information marked Confidential or Proprietary,City shall promptly
notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of
the Attorney General of the State of Texas or by a court of competent jurisdiction.
5.4 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in
any way. Vendor shall notify City immediately if the security or integrity of any City Information has
been compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,
use all commercially reasonable efforts to cooperate with City in identifying what information has been
accessed by unauthorized means and shall fully cooperate with City to protect such City Information
from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final
payment under this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement
at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits
in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended
audits.
7. IndeUendent Contractor. It is expressly understood and agreed that Vendor shall operateas an
independent contractor as to all rights and privileges and work performed under this Agreement,andnot as agent,
representative or employee of City. Subject to and in accordance with the conditions and provisions of this
Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be
solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors and sub-
Vendors. Vendor acknowledges that the doctrine of respondent superior shallnot apply as between City, its
officers,agents,servants and employees,and Vendor,its officers,agents, employees,servants,Vendors and sub-
Vendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-
employer or a Joint employer of Vendor or any officers, agents, servants, employees or sub-Vendor of Vendor.
Neither Vendor, nor any officers, agents, servants, employees or sub-Vendor of Vendor shall be entitled to any
employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of
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taxes on behalf of itself, and any of its officers, agents, servants, employees or sub-Vendor.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANYAND ALL PERSONS, OF ANYKIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL, INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANYAND ALL CLAIMSOR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOREITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TOVENDOR'S BUSINESS
AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH,
TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Vendor agrees to defend,
settle,or pay,at its own cost and expense,any claim or action against City for infringement of any
patent,copyright,trademark,trade secret,or similar property right arising from City's use of the
software and/or documentation in accordance with thisAgreement,it being understood that this
agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation.So long as Vendor bears the cost and
expense of payment for claims or actions against City pursuant to this section,Vendor shall have
the right to conduct the defense of any such claim or action and all negotiations for its settlement
or compromise and to settle or compromise any such claim; however, City shall have the right to
fully participate in any and all such settlement,negotiations, or lawsuit as necessary to protect
City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for
whatever reason, assumes the responsibility for payment of costs and expenses for any claim or
action brought against City for infringement arising under this Agreement,City shall have the sole
right to conduct the defense of any such claim or action and all negotiations for its settlement or
compromise andto settle or compromise any such claim; however, Vendor shall fully participate
and cooperate with City in defense of such claim or action. City agrees to give Vendor timely
written notice of any such claim or action,with copies of all papers City may receive relatingthereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained
or,if as a result of a settlement or compromise,such use is materially adverselyrestricted,Vendor
shall,at its own expense and as City's sole remedy,either: (a)procure forCity the right to continue
to use the software and/or documentation; or (b) modify the software and/or documentation to
make it non-infringing,provided that such modification does not materially adversely affect City's
authorized use of the software and/or documentation; or (c) replace the software and/or
documentation with equally suitable, compatible, and functionally equivalent non-infringing
software and/or documentation at noadditional charge to City; or (d) if none of the foregoing
alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts
paid to Vendor by City, subsequent to which termination City may seek any and all remedies
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available to City underlaw.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Vendor under which the
assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and
Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective
date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub-Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub-Vendor shall agree tobe bound by
the duties and obligations of Vendor under this Agreement as such duties and obligations may apply.
Vendor shall provide City with a fully executed copy of any such subcontract.
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor,its employees,agents,representatives
in the course of providing services under this Agreement. "Any vehicle" shall be any
vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other state
workers' compensation laws where the work is being performed
(d) Professional Liability(Errors &Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability(CGL)policy,or a separate policy specific to Professional
E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be
claims-made and maintained for the duration of the contractualagreement and for two
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(2)years following completion of services provided. An annual certificate of insurance
shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name
City as an additional insured thereon, as its interests may appear. The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation(Right
of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten(10)days'notice shall be acceptable in the event
of non-payment of premium. Notice shall be sent to the Risk Manager, City of
Pearland, 3519 Liberty Drive, Pearland Texas 77581, with copies to the Pearland
City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in
the State of Texas.All insurers must have a minimum rating of A-VIIin the current A.M.
Best Key Rating Guide or have reasonably equivalent financialstrength and solvency to
the satisfaction of Risk Management. If the rating is below that required, written
approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws. Ordinances. Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will alsocomply
with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies Vendor of any
violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the
violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, sub
Vendors and successors in interest,as part of the consideration herein,agrees that in the performance of Vendor's
duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or
group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROMAN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST, VENDOR
AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively
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determined to have been delivered when (1)hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile or email with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail,registered,return receipt requested,addressed as follows:
To VENDOR:
To CITY: Name: Ardurra Group LLC
Address: 3115 Allen Pkwy, Ste 300,
City of Pearland Houston TX 77019
Attn: City Manager Contact: Jeffrey Peter
3519 Liberty Dr.
Pearland, TX 77581
With copy to Pearland City Attorney's Office
atsame address
14. Solicitation of EmUlovees.Neither City nor Vendor shall, during the term of thisAgreement
and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other during the
term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the
foregoing, this provision shall not apply to an employee of either party who respondsto a general solicitation of
advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City
does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venne.This Agreement shall be construed in accordance with the lawsof the
State of Texas. If any action,whether real or asserted, at law or in equity, is brought pursuant to thisAgreement,
venue for such action shall lie in state courts located in Brazoria County,Texas or the United States District Court
for the Southern District of Texas,Pearland-Houston Division.
18. Severability.If any provision of this Agreement is held to be invalid,illegal, or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way beaffected or impaired.
19. Force Majeure. City and Vendor shall exercise their best efforts to meet their respective duties
and obligations as set forth in this Agreement,but shall not be held liable for any delay or omissionin performance
due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,lockouts,
natural disasters,wars,riots,material or labor restrictions by any governmental authority,transportation problems
and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of
any provision of this Agreement.
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21. Review of Counsel. The parties acknowledge that each party and its counsel havereviewed and
revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,
B, and C.
22. Amendments/Modifications/Extensions.No amendment, modification, or extension of this
Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an
authorized representative of each party.
23. Entiretj of Agreement. This Agreement, including Exhibits A, B and C, contains the entire
understanding and agreement between City and Vendor,their assigns and successors in interest, as to the matters
contained herein. Any prior or contemporaneous oral or written agreement is hereby declarednull and void to the
extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constituteone
and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and conform
to generally prevailing industry standards. City must give written notice of any breach of this warranty within
thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall
either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the
warranty, or(b)refund the fees paid by City to Vendor for the nonconforming services.
26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibilityof its
employees who perform work under this Agreement, including completing the Employment Eligibility
Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall
adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services
will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor,
shall have the right to immediately terminate this Agreement for violations of this provision by Vendor.
27. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work
papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction
with the services provided under this Agreement(collectively, "Work Product"). Further, Cityshall be the sole
and exclusive owner of all copyright, patent, trademark, trade secret and other proprietaryrights in and to the
Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception,
creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copynghtable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the
Copyright Act of 1976, as amended.If and to the extent such Work Product,or any part thereof,is not considered
a"work-made-for-hire" within the meaning of the CopyrightAct of 1976, as amended, Vendor hereby expressly
assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and
to the copyright, patent, trademark, trade secret,and all other proprietary rights therein, that City may have or
obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on
the part of City.
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28. Signature Authority. The person signing this Agreement hereby warrants that he/she hasthe
legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has
been granted by proper order,resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto,may be executed by any authorized representative of Vendor whosename, title and signature
is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit"C".Each party is
fully entitled to rely on these warranties and representations in enteringinto this Agreement or any amendment
hereto.
29. Change in ComUanv Name or Ownership.Vendor shall notify City's Purchasing Manager, in
writing, of a company name, ownership, or address change for the purpose of maintaining updated City records.
The president of Vendor or authorized official must sign the letter.A letter indicatingchanges in a company name
or ownership must be accompanied with supporting legal documentation suchas an updated W-9,documents filed
with the state indicating such change, copy of the board of director's resolution approving the action, or an
executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely
impact future invoice payments.
30. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is forless
than $100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 2270 of the
Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)
will not boycott Israel during the term of the contract. The terms "boycott Israel"and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Vendor certifies that Vendor's signature provides writtenverification to the City that Vendor: (1)does not
boycott Israel; and(2)will not boycott Israel duringthe term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF PEARLAND:
CONTRACT COMPLIANCE MANAGER:
DocuSigned by: By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By: �� �,,�= this contract,including ensuring all performance and
reporting requirements.
Name: Trent Epperson
Title: City Manager Do signed by:
Date: 8/23/2023 1 12:lyoo y CDT
By:
Name: Laurie Rodriguez
APPROVAL RECOMMENDED: Title:
Environmental Services Superintendent
E
by: APPROVED AS TO FORM AND LEGALITY:
By: / m � DocuSigned by:
Name: Kendra Murphy
Title: By:
Deputy Finance Director
Name: Darrin Coker
ATTEST: Title: Assistant City Attorney
DocuSigned by: CONTRACT AUTHORIZATION:
Fr�ai,l tt,S Q (.ox M&C:
By: g�rF
Name: Frances Aguilar
Title: City Secretary
VENDOR:
Jeffre Peters
Principal Engineer, Ardurra, Inc .
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EXHIBIT A
SCOPE OF SERVICES
The scope of this contract covers Professional Services for TPDES permit renewal applications.
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EXHIBIT B
PRICE SCHEDULE
A
ARDURR A
kne 2Z 2023
Mrs- LQUde Rcdn'gUez
Inladn"i Assl- D reclor of PUbHc Wcrk.s
C-Ay of Pe(idand
2016 OhJ AN4) Rd
Peafland, Texas 77581
S U IB,J IE Cr: C'Ay of Pearhand
Scuthdcwn 'NWTP, JHEIC-, & RBWRF
TPD,Es Parry N Re n ewoa; Ap p iic a I c n s
Dear Mrs- RcdriigUez,
PefYOUrrea ueSl, ArdUrra GM Up, LLC ("ARJUM") ii5 PIeQSed to SUbnrdt thins pros posd; to
the Cty cf Peafland dCIy) to prov4Je professiicncfl engliner-riing seMces to cornplete the
TPDES Perr,,O Renewd AppI cafiom fCIr the SCLdhdCWr) WaslewderTrecdmenl Fant
dWWTP), the John Hargrove Env�ronnrienld; Centrar (JI-IE-C), and the ReMecflon Bay Watar
Rebar,,,ioflon FadHly dRBWRF)- The fodlaw ng presenis CUIr PIMPOSCd SCOpe Of"evark for
engiiner-,,riing seMces, W)fidpOted SChed&e, Ong' esfin,"icded fees-
Scope of ServIces
ArYJLHTk2$ Shdll pro Y�de I he f&How'inq scope of sarvices to comp ele Ihe TPD,ES Permil
Renewd Appal liical&)s for Ihe fa&flle s named above:
1- Prepu,e and subrrO the TPDES FerrnH Renewd; AppHcoficr) far the fa&[Nes iSled
�SJLS of trhe f ����C '
cbcve-The TPDES Parr,fll Applkaficns cons 0 wng,
a- TC.EQForr,i 10(J,53Dor,iestiicW�Dslew�alerPerrriiI AppHcaflcn, Adrn niisllrafive
Reparls
b- TC E Q F omri 1005 4 D orn es I i c W a s I ew al ar P armii I A. pIl iic a I on, Traach)niicasrll
Era ports
c- Sde phms, Now dagr(JMS, MOPS W)d Cthe'r HgUreshallachrnenIs as
re qU�re d by I he TC,EQ farms.
2- PrcMde hard ccpe"s Ic TC EQ as rea�Ldfe d and one 1,1) hard copy to thrn C iIy-
I Respond to TCEQ a,�UeSfl0l`)S dUdnq appHcaflon per&J-
;115 Adlen Pairkway,Sulte MhO 346.666.a 'Y'j, z.ggdurxu Corin
Professional Services
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?V�e"',' Iz,o,, 2 2,'XI 2,'S
N 060 rg-o ("�2
4.. TCEQ appHcaVon R4)g fee is k)&LAjcd-
C ly shdll prov4Je lhe f&HoWng In assisl will) ccnrip eflcn of TPDE'S Pem'0 Renewdl
AppIliacaficn'
1.. Sigl`)QtLffO) on Parrrdl Renewcfl AppHcaflons, as necessary-
.. EfflUenl s amplk)q and Ilaakaa r(alary andysis for each fadHly as Ma;Cored by
TCEQ Farm 10054 Dcmesfic Waslewalar Perm l AppIlicafion, Techniicdl
Repods-
I ReQLdl-Od cr) cparalars, waste haLdars, and cl,hc,,r dala m MN;�Ldred
by th e parnri l f e n ew dl a pp ll iic a I iic n-
4.. Oly shdHl be responsibb far dHl re 4Lflred pubHc ncfices and cosIs, therecf-
5.. Staled effarl ii1`)&Uded in this propcsdl does not iindUde ccnIesled/protesled
pe'rrrliil applliiCaflons-
Sd")ed,a(Ie
ARJUMD ShdHl iir)H4ale 1hewark iimmedal&YUPCn execulion ofthe Agreernenl and upon
iSSUancebylhe C11yof Nofice to Proceed- krdUIITD ShdHl COn,'Iplele and sUbn'dl lhe
ParmH Renewall Appll caflcn wd*) INIrly 1,30) cdendar days from receipl Of efflUenl
sarnpHnq and Ila. baralary andysiis rmqUo red byTCEQ Farm 10054 Domesfic 'yVaslewalar
ParmH AppHcafion, Techniicdl Reparls-
Fees, Terms rcn")d (-I'0r-)ditk-m-IS
Based on Ihe scope Of seMces CUt4)ed above, we have prepa-nab' as Ilev&d Of effarl and
esfirrvale as Ila.mp sours, nol In exceed fee of $67,175-CO Ic ccnriplele Ihe TPDES Perrrdt
Renewdl AppI�caflcn-The defiaHed Ileve aal effcd is allached lc Ihis Ilellar as ExhIbIl A-
We'MHl nal e&C eed CLH'a�UOled bUdgel UNess Ihe sc o,pe Of lhe PrCJeCl ChC2ngeS..YCLN'
apprcvd'MHl be seCUred befare any extra charges are 4)CLAfred-
Fe&l free Ic conlacl nrie al d71 3) 385-5601 tO diSCUSS Ony aqUesficns YOU RIC$y Nave-Thank.
YOU for the oppodUr)ly IOPn-O'POSe these seMces for the (,illy..
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Je YfT( i eters, BCh Ir.
Cl�en? Services Mancger
AnJUffa GfCUp, LLB.
31]5AII*ri,Pairkway,,�iuiifeViO i X"?Cf9 II
Professional Services
DocuSign Envelope ID:6ED1 D749-4EO4-435A-872D-ADCBD8FOOCCD
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DocuSign Envelope ID:6ED1 D749-4EO4-435A-872D-ADCBD8FOOCCD
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
1. Name: Jeff Peters,PE
Position: Principal
Signature ...,,..,
2. Name: Chris Canonico,PE
Position: Principal
f Signature
3. Name:
Position:
Signature
Name: Ernesto Aguilar
Signature of President/CEO
Other Title:
Date: 8.15.2023
Professional Services
/\\/
ARDURRA
June 22, 2023
Mrs. Laurie Rodriguez
Interim Asst. Director of Public Works
City of Pearland
2016 Old Alvin Rd
Pearland, Texas 77581
SUBJECT: City of Pearland
Southdown WWTP, JHEC, & RBWRF
TPDES Permit Renewal Applications
Dear Mrs. Rodriguez:
Per your request, Ardurra Group, LLC ("Ardurra") is pleased to submit this proposal to
the City of Pearland (City) to provide professional engineering services to complete the
TPDES Permit Renewal Applications for the Southdown Wastewater Treatment Plant
(WWTP), the John Hargrove Environmental Center (JHEC), and the Reflection Bay Water
Reclamation Facility (RBWRF). The following presents our proposed scope of work for
engineering services, anticipated schedule, and estimated fees.
Scope of Services
Ardurra shall provide the following scope of services to complete the TPDES Permit
Renewal Applications for the facilities named above:
1. Prepare and submit the TPDES Permit Renewal Application for the facilities listed
above. The TPDES Permit Applications consists of the following:
a. TCEQ Form 10053 Domestic Wastewater Permit Application, Administrative
Reports
b. TCEQ Form 10054 Domestic Wastewater Permit Application, Technical
Reports
c. Site plans, flow diagrams, maps and other figures/attachments as
required by the TCEQ forms.
2. Provide hard copies to TCEQ as required and one (1) hard copy to the City.
3. Respond to TCEQ questions during application period.
3115 Allen Parkway, Suite 300 Houston, TX 77019 1 346.666.5130 1 www.ardurra.com
/\
4. TCEQ application filing fee is included.
June 22, 2023
Page 2
City shall provide the following to assist with completion of TPDES Permit Renewal
Application:
1. Signature(s) on Permit Renewal Applications, as necessary.
2. Effluent sampling and laboratory analysis for each facility as required by
TCEQ Form 10054 Domestic Wastewater Permit Application, Technical
Reports.
3. Required information on operators, waste haulers, and other data as required
by the permit renewal application.
4. City shall be responsible for all required public notices and costs thereof.
5. Stated effort included in this proposal does not include contested/protested
permit applications.
Schedule
Ardurra shall initiate the work immediately upon execution of the Agreement and upon
issuance by the City of Notice to Proceed. Ardurra shall complete and submit the
Permit Renewal Application within thirty (30) calendar days from receipt of effluent
sampling and laboratory analysis required by TCEQ Form 10054 Domestic Wastewater
Permit Application, Technical Reports.
Fees, Terms and Conditions
Based on the scope of services outlined above, we have prepared a level of effort and
estimate a lump sum, not to exceed fee of $67,175.00 to complete the TPDES Permit
Renewal Application. The detailed level of effort is attached to this letter as Exhibit A.
We will not exceed our quoted budget unless the scope of the project changes. Your
approval will be secured before any extra charges are incurred.
Feel free to contact me at (713) 385-5601 to discuss any questions you may have. Thank
you for the opportunity to propose these services for the City.
Sincerely,
JeJfr y . Peters, P.E., BCEE
Client Services Manager
Ardurra Group, LLC
3115 Allen Parkway, Suite 300 1 Houston, TX 77019 1 346.666.5130 1 www.ardurra.com
Exhibit A - Fee Schedule and Breakdown
City of Pearland
Southdown WWTP, JHEC, & RBWRF TPDES Permit Renewals
Task
No.
Al
Task Description
Permit Renewal Application
Sr. Project
Manager
hrs
$
Graduate
Engineer
hrs
$
Sr.
Designer
hrs
CAD
$
Admin
& Accounting
hrs
Support
OP
$ $
ODC
$
1
Totals
$
MP
Total
hrs
9.11
TCEQ Form 10053 Administrative Report
4
$960
20
$3,300
0
$0
0
$0
$0
$4,260
24
TCEQ Form 10054 Technical Report
4
$960
46
$7,590
0
$0
0
$0
$0
$8,550
50
Application Drawing/Figure Development
4
$960
20
$3,300
8
$1,440
0
$0
$0
$5,700
32
Permit Application Production
2
$480
4
$660
0
$0
3
$360
$500
$2,000
9
TCEQ Filing Fee
Subtotal
JHEC Permit Renewal Application
_-_-_-_-_
$1,615
4
$1,615
$22,125
115
TCEQ Form 10053 Administrative Report
4
$960
20
$3,300
0
$0
0
$0
$0
$4,260
24
TCEQ Form 10054 Technical Report
4
$960
46
$7,590
0
$0
0
$0
$0
$8,550
50
Application Drawing/Figure Development
4
$960
20
$3,300
8
$1,440
0
$0
$0
$5,700
32
Permit Application Production
2
$480
4
$660
0
$0
3
$360
$500
$2,000
9
TCEQ Filing Fee
_-_-_-_-_
$2,015
$2,015
Subtotal
! I
$22,525
115
JHEC Permit Renewal Application
TCEQ Form 10053 Administrative Report
4
$960
20
$3,300
0
$0
0
$0
$0
$4,260
24
TCEQ Form 10054 Technical Report
4
$960
46
$7,590
0
$0
0
$0
$0
$8,550
50
Application Drawing/Figure Development
4
$960
20
$3,300
8
$1,440
0
$0
$0
$5,700
32
Permit Application Production
2
$480
4
$660
0
$0
3
$360
$500
$2,000
9
TCEQ Filing Fee
Subtotal
Total
_-_-_-_-_
42
$10,080
270
$44,550
24
$4,320
9
,
$1,080 $0
$2,015
$7,145
$2,015
$22,525
$67,175
115
345
Notes: 1. OP = Outside Professional; ODC = Other Direct Costs