R82-07 02-08-82 RESOLUTION NO. R82-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND
W. E. WOLFF.
BE IT RESOLVED by the City Council of the City of Pear-
land, Texas, that the Mayor be, and he is hereby authorized to
execute for and in behalf of the City, a Contract by and between
the City of Pearland and W. E. Wolff for the purpose of consulting
services on Sewer Plants 2 and 3, and the Liberty Drive Water Well.
PASSED and APPROVED this ¢? day o~F~//~ ~
A. D. , 1982.
CITY OF PEARLAND, TEXAS
By: '~.
Mayor
ATTEST:
City Secretary ,? ~
THE STATE OF TEXAS
COUNTY OF BRAZORIA
CONTRACT FOR. CONSULTING SERVICES
THIS AGREEMENT, made and effective on the date signed herein-
after by the authorized representative of the City of Pearland,
Texas , by and between WILLIAM E. WOLFF, (hereinafter called "CON-
SULTANT") and the City of Pearland, Texas (hereinafter called
"CITY") ;
WITNESSETH, that whereas the CITY intends to make modifica-
tions and additions to its sewer system' s Barry Rose Plant and its
Longwood Plant, and the said CITY intends to undertake certain
construction on a water well project at Liberty Drive;
NOW, THEREFORE, the CITY and the CONSULTANT, in consideration
of the mutual covenants hereinafter set forth, agree as follows :
I .
The CONSULTANT agrees to perform professional services in
connection with the projects stated hereinabove as he may be
directed in writing by authorized officials of CITY, during the
term of this contract.
II .
A. CONSULTANT agrees and warrants that he is and shall re-
main during the duration of this contract an independent contracto
as that term is commonly construed in the building and construct '.
trade in Brazoria County, Texas ;
B. CITY represents that by accepting services of CONSULTANT.
pursuant to this Contract, no relationship of principal/agent,
employer/employee or master/servant is to be construed; but
that the relationship is that of a contract for services of an
independent contractor;
C. CONSULTANT warrants and agrees that he shall indemnify
and hold the CITY harmless from any liability connected with or
arising out of services provided pursuant to this Contract .
D. CONSULTANT shall secure and maintain such insurance as
will protect him from claims arising under Workmen' s Compensation:
Acts and from claims for bodily injury, death or property damage
which may arise from the performance of hisservices under this
Contract .
III.
A. The fee for basic services of CONSULTANT shall be. Twenty-
Five- Dollars ($25 . 00) per hour.
B. Payments for basic services , additional services and
reimbursable expenses shall be made monthly (every thirty (30)
days) upon presentation of CONSULTANT'S detailed written statement.
C. Reimbursable expenses shall mean actual expenses of
transportation and subsistence of CONSULTANT when traveling in con-
nection with the projects defined herein, field office expenses ,
toll telephone calls , telegrams , reproduction of reports , drawings
and specifications , and similar project-related items .
D. No deduction shall be made from CONSULTANT'S compensation
on account of penalty, liquidated damages or other amounts with-
held from payments to the contractor or other builders and
materialmen providing labor of services to or for the projects on
which CONSULTANT is providing services .
V.
A. This Contract may be terminated by either party by seven
days written notice. If this Contract is so terminated, CONSULT-
ANT shall be paid for services performed, based upon CONSULTANT' S
reasonable estimate of that portion of work completed prior to
receipt of notification of termination.
B , Otherwise, this Contract shall terminate thirty (30)
days from the date of completion of CONSULTANT' S work as directed
on projects set forth in Section I of this Agreement .
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VI.
The CITY and the CONSULTANT each bind themselves , their
successors , executors , administrators and assigns to the other
party to this Contract and to the successors , executors , adminis-
trators and assigns of such other party, in respect to all coven-
ants of this Contract ; except as above, neither the CITY nor the
CONSULTANT shall assign, sublet or transfer his interest in this
Contract without the written consent of the other.. Nothing herein
shall be construed as creating any personal liability on the part
of any officer or agent of any public body which may be a party
hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the CITY and the CONSULTANT.
IN WITNESS WHEREOF the parties hereto have made and executed
this Agreement on this the day and year written below;
ACCEPTED ;
CITY OF PEARLAND, XAS , by
WILLIAM E WOLFF �`-
Consultant •
912-
Date
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