R2003-0062 04-28-03 RESOLUTION NO. R2003-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH THE MURILLO
COMPANY FOR MATERIALS TESTING SERVICES ASSOCIATED WITH
THE CONSTRUCTION OF PEARLAND PARKWAY SOUTHBOUND LANES
3 AND 4.
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 the
Murillo Company, 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 the Murillo Company for materials testing
services associated with the construction of Pearland Parkway southbound lanes 3 and 4.
PASSED, APPROVED and ADOPTED this the 28th day of Apri] ,
A.D., 2003.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2003-62
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and The Murillo Company (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide Construction Materials Testing services for the
Pearland Parkway (Southbound Lanes) Project.
EngineedSubconsultant(s) Fee Basis of Compensation
The Murillo Company $60,042.00 Lump Sum
Maximum Contract Amount $60,042.00 Lump Sum
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and arly subconsultant.
Delivery of plans, specifications and estimates: Sixty (60) days from completion of
Services.
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit B
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. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
exPenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval 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.
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. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project 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 Project 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 project schedule, through no fault of the Engineer,
additional contract time may 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 upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
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
corrective action, which may include 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 s. hall 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
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
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 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
(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
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.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq 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 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 28th day of Apri 1 ,20 03
CITY OF PEARLAND
Printed Na~ne:''''~' B~ll E~sen
Title: City Manager
ENGINEER , , '//~
Title: ¢~b~ ?/t/3)'Y~A'~v~
STATE OF TEXAS
COUNTY OF'-:~,"~ =,~
BEF.,O. RE ME, the undersigned Notary Public, on this day personally appeared
'"'~[11 c~';j<',,- , 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. ·
/Z~)VEN UNDER MY HAND
, A.D., 20 ~)...~.
~ : ~' Commission Expires: ~
STATE OF TEXAS §
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COUNTY OF ~1~I~ §
AND SEAL OF OFFICE THIS ~ DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: "~--~'/'~- J' ~--~/,~.,,,,./
My Commission Expires:/~,.,'/ ,,t~ ,~ oz~,S"
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~. ~LL~ L()~j/~ , known to me to be the person whose name is subscribed to
the foregoin~l instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND
, A.D., 20 O~) .
SEAL CE)OFFICE THIS ~k~';(.. DAY OF
N'~'rARY PUBLIC iN AND FOR THE
STATE OF TEXAS
Printed ~~,~
My Com -
6
The Murillo Company
10325 LAN DSBURY · (281) 933-9702 · HOUSTON, TX 77099
www. murillocompany.com · info@murillocompany.com
~,pril 7, 2003
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Attn: Charles Stubbs
RE: Materials Testing Service
Pearland Parkway (Southbound Lanes)
1,000' North of Broadway (FM 518) To Beltway 8
Sta. 14 + 65 to Sta. 88 + 00 and Sta. 116 + 00 to Sta. 186 +00
B2003-033
We are pleased to submit this proposal for performing construction materials testing during
the construction for the above referenced project. This proposal outlines our understanding
of the project, proposed scope of work, project fees and project schedule.
SCOPE OF WORK
It is our understanding that construction materials testing and inspection services will
include the following services
On site testing will consisted of the following:
1. Soil technician:
a. Sample onsite material (ASTM D-75)for atterberg limits (ASTM D-4318)and
moisture/density relationship curves (ASTM D-698)
b. Perform Field Density Tests (ASTM D-2922)
c. Perform Gradations on Lime-Soil Mixture and Depth Check (ASTM C-136)
2. Concrete Technician
a. Inspect Cast-In-Place Concrete (ASTM C-31/C31M-98)
b. Perform following tests on concrete 1. Slump of concrete ASTM-C143
2. Unit weight of concrete ASTM-C-138
3. Air content (Volumetric Method) ASTM C-173
4. Making and curing test specimens (6x12 inch cylinders)ASTM C192
5. Temperature of concrete ASTM C1064
The Murillo Company
10325 LANDSBURY ° (281) 933-9702 . HOUSTON, TX 77099
www.murillocompany.com · info@murillocompany.com
Off Site Testing will consists of the following:
1. Laboratory
a..Atterberg Limits ASTM D-4318
b. Moisture/Density Relationship Curve ASTM-F698
c. Compressive Strength of Concrete (6x12 inch cylinders) ASTM C-39
This budgetary estimate is based upon information provided. Every effort w_as made to
prepare a budgetary estimate that would accurately reflect the intended construction
sequence.
Overtime at 1 ½ times the normal rates will be charged for hours worked in excess of eight
(8) hours per day Monday thru Friday, all day Saturday, Sunday or Holidays.
All hourly work will be charged on a portal to portal basis from our laboratory. A one (1) day
notice is required for scheduling all field assignments.
Our laboratory is meets the requirements of ASTM E-339-71, Recommended Practice for
Inspection and Testing Agencies for Concrete and Steel as used in construction.
Thank you for this opportunity to prepare this budgetary estimate for you. Your selection
of our firm to provide the services for this project will be appreciated.
Very Truly Yours,
CMT Manager
attachment:cost proposal
The Murillo Company
10325 LAN DSBURY · (281) 933-9702 · HOUSTON, TX 77099
www. rnurillocornpany.com · info@murillocompany.com
On-Site Testing
CONSTRUCTION MATERIALS TESTING COST ESTIMATE PROPOSAL
PROJECT NAME: Pearland Parkway (Southbound Lanes)
1,000' North of Broadway (FM 518) To Beltway 8
Sta. 14 + 65 to 88 + 00 and Sta. 116 + 00 to 186 +00
B2003-033
Description of Services
Quantity Unit Fee Unit Total
Soils Testing
06.Soils technician, min. 4 hrs. 720
1013. Nuclear Density
Equipment Rental 90
1006.Moisture/density
relationship, ASTM D-698 12
1001 .Atterberg Limits, ASTM D418 24
1008. OMD Lime or Cement Stabilized
Sand, ASTM D-698 4
12. Vehicle charge 90
30.00 Hour
35.00 Day
105.00 Each
28.00 Each
115.00 Each
30.00 Day
Sub Total
$21,600.00
$3,150.00
$1,260.00
$672.00
$460.00
$2,7OO,OO
$29,842.OO
Concrete Inspection and Testing
06. Concrete technician, min.
4 hrs. 640
201. Mix design review 6
203. Concrete cylinders
(ASTM C-39) 800
12. Vehicle charge 80
28.00 Hour $19,200.00
100.00 Each $600.00
9.25 Each $8,000.00
30.00 Day $2,400.00
Sub Total $30,200.00
TOTAL ESTIMATE: $60,042.00
THE MURILLO COMPANY
Geotechnical & Environmental Consultants
10325 Landsbury, Suite 400 · Houston, Texas 77099-4299 · (281) 933-9702 · Fax (281) 933-1051
AGREEMENT FOR MATERIALS TESTING SERVICES
THE AGREEMENT
This AGREEMENT is' by and between THE MURILLO COMPANY, ("CONSULTANT") and City of peadand (CLIENT").
The AGREEMENT between the parties listed consist of the terms and condition set forth here, identified as Material Testing Services
Proposal dated April 6, 2003 for the following project; Peariand Parkway (Southbound Lanes) 1,000 north of Broadway (FM 518) to
Beltway 8 Sta. 14 + 65 to 88 + 00 and Sta. 116 + 00 to 186 + 00 outlined by the Materials Testing Service Proposal ~hich is attached
to this AGREEMENT. Together these elements will constitute the entire AGREEMENT.
TERMS AND CONDITIONS
CONSULTANT agrees to provide Material Testing and other technical services for the CLIENT in accordance with the rates set forth
in Pearland Parkway (Southbound Lanes) 1,000 north of Broadway (FM 518) to Beltway 8 Sta. 14 + 65 to 88 + 00 and Sta. 116 + 00
to 186 + 00 proposal dated April 6, 2003. All work to be authorized in writing by City of Pearland shall be on a time and material basis
not to exceed $60,042.00 with out owner written approval.
ARTICLE 1. SERVICES
Consultant will:
1.1 Act for CLIENT in a professional manner using that degree of care and skill ordinarily exercised by and consistent with the standards
of competent Geotechnical consultants practicing in the locality of the project site.
1.2 Provide those services that in the opinion of CONSULTANT, and which CONSULTANT is adequ, ately staffed and equipped to
perform.
1.3 Perform all technical services under the direction of a Registered Professional Engineer and in accordance with the basic
requirements of the appropriate Standards of The American Society of Testing and Materials where applicable. Alternate standards
mutually agreeable to the CONSULTANT and CLIENT may also be used.
1.4 Consider all reports to be the confidential property of CLIENT, and distribute reports only to those persons, organizations or agencies
specifically designated in writing by CLIENT or his authorized representative.
1.5 Retain records relating to the services performed for a period of five years following submission of the report, during which period
the records will be made available to CLIENT at all reasonable times and fees in effect at the time of the request.
ARTICLE 2. CLIENT'S RESPONSIBILITIES;
CLIENT or his authorized representative will:
2.1 Provide CONSULTANT full information regarding conceptual design data related to Materials Testing Services considerations for
the project, locations of existing underground utilities and any knowledge of past history which suggests special consideration,
performance requirements for the proposed project which may deviate from the norm, changes in aforementioned considerations as
the project progresses through construction completion which may relate to Materials Testing considerations for the project, and other
information for the proper performance of CONSULTANT.
2.2 Furnish right of entry onto the project site for CONSULTANT to make the necessary field studies. CONSULTANT will endeavor
to preserve the land but make no guarantee to restore the site to its original condition unless a separate agreement is made for such
restoration, in which case CONSULTANT shall add the cost of restoration to the fee for the project.
2.3 Designate in writing those responsible persons, organizations or agencies to be contacted in the event conditions are revealed
during the execution of CONSULTANT'S study that would require possible alteration of the study or would potentially influence design
that is proceeding in parallel with the study. The responsible party shall have authority to issue change order to the contract.
2.4 Guarantees to CONSULTANT that the CLIENT is not a minor, that the CLIENT otherwise has the legal capacity to enter into this
contract, or if a corporation that the signatory is duly authorized to enter into this contract and bind the corporation, and that sufficient
monies are available to fund CONSULTANT'S fee.
ARTICLE 3. GENERAL CONDITIONS
3.1 CONSULTANT, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those
duties, responsibilities or authorities with regard to the project customarily vested in the project architects, design engineers, or any
other design agencies or authorities.
3.2 CONSULTANT shall not be responsible for acts or omissions of any party or parties involved in the design of the project or the failure
of any contractor or subcontractor to construct any item on the project in accordance with recommendations contained in any
correspondence or verbal recommendation issued by CONSULTANT.
3.3 This AGREEMENT may be terminated by either party on receipt of written notice or by mutual agreement. If this AGREEMENT
is terminated by either party, CONSULTANT shall be paid in full for all services performed through the termination date, and the CLIENT
shall then be provided with a complete report of the results of tests and analysis conducted prior to termination.
3.4 CLIENT may not delegate, assign, sublet or transfer its duties or interest in this AGREEMENT without the written consent of
CONSULTANT. CONSULTANT may delegate, assign, sublet or transfer its duties hereunder without the written consent of CLIENT,
but CONSULTANT shall be made responsible for the completion of its duties. CONSULTANT may not delegate, assign or transfer its
interest in this AGREEMENT without the written consent of CLIENT.
3.5 The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against CONSULTANT
to a sum not to exceed $50,000.or the amount of his fee, whichever is greater, on account of any design defect, error, omission, or
professional negligence.
www. murillocompany.com · info@murillocompany.com
THE MURILLO COMPANY
Geotechnical & Environmental Consultants
10325 Landsbury, Suite 400 · Houston, Texas 77099-4299 · (281) 933-9702 · Fax (281) 933-1051
The CLIENT agrees to notify any contractor who may Perform work in connection with the Study prepared by the CONSULTANT of such
limitation of liability and require a like limitation on their part in favor of the CONSULTANT. In the event the CLIENT fails to obtain a
like limitation of liability provision, the liability of the CLIENT and the CONSULTANT to such contractor shall be allocated between the
CLIENT and the CONSULTANT such that the aggregate liability of the CONSULTANT to all parties, including the CLIENT, shall not
exceed $50,000. or the amount of the CONSULTANT'S fee, whichever is greater. The CONSULTANT makes no warranties, either
express or implied, except as set forth above. -
3.6 In the event the CLIENT is unwilling or unable to limit liability in accordance with the provisions set forth in the paragraph 3.5, then
it agrees to pay the CONSULTANT a sum equivalent to 4% more than the amount of the fee. Said sum will be called, "Waiver of
Limitation of Liability Charge".
3.7 CLIENT declines to accept Limitations of Liability clause (Art. 3, par. 3.5), and thereby accepts Waiver of Limitation of Liability clause
(Art. 3, par. 3.6.)
CLIENT By: Title
ARTICLE 4. INSURANCE
4.1 CONSULTANT shall secure and maintain throughout the full period of this AGREEMENT sufficient insurance to protect it adequately
from claims under applicable Workmen's Compensation Acts and from claims for bodily injury, death or property damage as may arise
from the performance of services under this AGREEMENT. CONSULTANT will, upon request, file certificate of such insurance
coverage with CLIENT or his authorized representative.
4.2 No insurance, of whatever kind or type, which may be carried by CONSULTANT, is to be considered as in any way limiting the
contractor's or subcontractor's responsibility for damages resulting from his operations or for furnishing work and material to the project.
CLIENT agrees to include, or cause to be included in the project's construction contract requirements for insurance coverage and
performance bonds to be secured and maintained by the project contractor as CLIENT deems adequate to indemnify CLIENT,
CONSULTANT, and other concerned parties, against claims for damages and to insure compliance of work performance and materials
with project requirements.
ARTICLE 5. PAYMENT
5.1 CLIENT will pay CONSULTANT for services and expenses in accordance with the attached fee schedule. CONSULTANT'S
invoices will be presented at the completion of its work or monthly and will be due and payable upon receipt.
5.2 CONSULTANT shall be paid in full for all services under the AGREEMENT, including any overruns of CLIENT'S contract of any
unforeseen need for CONSULTANT'S services exceeding odginal contract requirements. Payment for such service shall be made
irrespective of any claim by CLIENT for an offset or credit. Any such claim shall in no respect delay payment of fees for services
performed by CONSULTANT.
ARTICLE 6. EXTENT OF AGREEMENT
The AGREEMENT, including these terms and conditions, represents the entire agreement between CLIENT and CONSULTANT and
supersedes all prior negotiations, representations or agreements, written or oral. The AGREEMENT may be amended only in writing
and signed by CLIENT and CONSULTANT.
ARTICLE 7. APPLICABLE LAW
7.1 The AGREEMENT shall be governed by the laws of the State of Texas.
7.2 The AGREEMENT is performable in whole or in part in Hards County, Texas.
If any of the provision contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforce ability of the remaining
prevision will not be impaired. Limitation of liability and indemnities will survive termination of the AGREEMENT for any cause.
The Parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become
effective on the date signed by the CLIENT below.
THE MURILLO COMPANY
CLIENTBy ~
Title CMT ~~7~"
Title
Apdl 6, 2003
Date Date
www.murillocompany.com · info@murillocompany.com