10-13-25 Agenda (with attachments)NEDERLAND CITY COUNCIL
AGENDA
NOTICE is hereby given of a regular meeting of the Nederland City Council to be held Monday,
October 13, 2025, 5:30 p.m., at the Nederland City Hall, 207 North 12th Street, Nederland,
Texas, for the purpose of considering the following agenda items. The City Council reserves the
right to retire into Executive Session concerning any of the agenda items whenever it is
considered necessary and legally justified pursuant to Texas Government Code, Chapter 551.
Members of the public can participate remotely via Zoom Teleconferencing. Citizens may join
the Zoom Meeting by clicking on the Virtual Council Meeting https link on the City of
Nederland’s website or calling the Zoom Call in Number and entering the Meeting ID# on the
City of Nederland’s website.
The City of Nederland's Council meeting will be live on the city's Facebook page
(https://www.facebook.com/CityofNederlandTX) and the city's YouTube Channel
(https://www.youtube.com/@CityofNederlandTX).
PUBLIC COMMENT ON AGENDA ITEMS. Citizens may provide comments regarding the
items listed on the Consent or Regular Agenda. Citizens will address the City Council from the
podium after providing their name and address. Comments shall not exceed three minutes.
1.CALL THE MEETING TO ORDER
2.INVOCATION AND PLEDGES OF ALLEGIANCE
3.CITIZEN COMMENTS
At this time, members of the audience may comment on any city-related subject not on the
agenda. Anyone wishing to speak shall sign in before the meeting with their name and
address. Comments are limited to three minutes unless otherwise allowed by City Council.
The Texas Open Meetings Act prohibits the Council from discussing items not listed on the
agenda. A member of the audience that desires to speak during City Council’s
consideration of any specific agenda items is requested to notify City staff prior to the start
of the meeting.
4.REGULAR AGENDA
NEW BUSINESS
a.Minutes – September 22, 2025 regular meeting and September 16, 2025 special meeting.
b.Discussion and possible action to approve an amended agreement with Westwood for the
2025 Sanitary Sewer Rehabilitation – Western Section project.
c.Discussion and possible action to approve an engineering agreement with Westwood for
the Wastewater Treatment Plant Facility Assessment project.
d.Discussion and possible action accepting a donation from the Nederland Heritage
Festival to the City of Nederland.
e.Presentation by Kay DeCuir regarding Nederland Economic Development Corporation’s
Fall Market Day and Fall Concert Series.
f.Discussion and possible action to approve a request from the Nederland Rotary Club to
utilize Doornbos Park for the annual Hooked on Fishing, Not on Drugs (HOFNOD)
event.
AGENDA
October 13, 2025
Page 2
g. Discussion and possible action to approve the closure of Boston Avenue between 15th
Street and 17th Street and all intersections on Friday, October 31st for the Nederland
Chamber of Commerce’s “Trunk-R-Treat” event.
h. Discussion and possible action to approve a request from Windsor Stamey with Helena
Elementary to utilize the Nederland Recreation Center gymnasium for a field trip for the
Helena Singers.
i. Discussion and possible action regarding Johnny Powell’s request for an extension to
comply with city directives.
j. Discussion and possible action approving annual payment of the MCML Central
Dispatch’s portion of the Regional Radio System costs.
k. Discussion and possible action approving the annual payment of the City of Nederland’s
portion of the Regional Radio System costs.
l. Discussion and possible action authorizing the purchase of a Trash Truck for the Public
Works Department via HGAC or other state-approved contract.
m. Receive an update from Schaumburg & Polk, Inc. regarding Smoke Testing.
n. Discussion and possible action appointing members to the Nederland Economic
Development Board. Requested by Mayor Darby.
o. Conduct a Public Hearing for the purpose of receiving comments regarding the rezoning
request from Nederland AC, Inc. to rezone four lots addressed as 1308 and 1216 South
27th Street being the split zoned lots with each lot having a front portion zoned C-2
Neighborhood retail commercial and the rear portions being zoned R-2 Duplex
residential, each complete lot being requested to become C-2 Neighborhood retail
commercial.
p. Discussion and possible action regarding a request from Nederland AC, Inc. to rezone
four lots addressed as 1308 and 1216 South 27th Street being the split zoned lots with
each lot having a front portion zoned C-2 Neighborhood retail commercial and the rear
portions being zoned R-2 Duplex residential, each complete lot being requested to
become C-2 Neighborhood retail commercial.
q. Receive update from Building Official regarding Avenue H property.
5. EXECUTIVE SESSION (No Public Discussion on These Items)
The City Council will announce that it will go into Executive Session, pursuant to Chapter
551 of the Texas Government Code, to discuss matters as specifically listed on the agenda,
or as authorized by law.
Consultation with City Attorney – Texas Government Code, Chapter 551.071
Selection and contract negotiations regarding search firm for City Manager and
Interim City Manager.
6. RECONVENE
Reconvene into regular session and discuss and take action, if any, on items discussed in
Executive Session.
AGENDA
October 13, 2025
Page 3
7. Discussion and possible action regarding the selection of an executive search firm to assist
with the recruitment of a City Manager, and to discuss the possibility of hiring an interim
City Manager recommended by Texas First Group.
8. ADJOURN
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
Joni Underwood, City Clerk
City of Nederland, Texas
“PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE
HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY”
"CONFORME A LA SECCIÓN 30.07, DEL CÓDIGO PENAL (ENTRADA SIN
AUTORIZACIÓN POR TITULAR DE LICENCIA CON UNA PISTOLA VISIBLE), UNA
PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411 DEL
CÓDIGO DE GOBIERNO (LEY DE LICENCIAS DE PISTOLAS), NO PUEDE ENTRAR
EN ESTA PROPIEDAD CON UNA PISTOLA VISIBLE”
October 13, 2025 Meeting
ITEM 4. REGULAR AGENDA
NEW BUSINESS
a. Attached are the minutes of September 22, 2025 regular meeting and September 16, 2025
special meeting for council review and approval.
b. Attached is a copy of an amended engineering services agreement between the City of
Nederland and Westwood Professional Services, Inc. to provide professional services
relating to Sanitary Sewer System Rehabilitation-Western Section. City council
approved an initial proposal totaling $582,249; however, it did not include a design
increase for large quantities of pipe and additional field visits to identify obstacles for
planned bore pits. The increase in design costs would allow coordination with
Schaumburg & Polk on their hydraulic analysis with possible modifications to the Phase
1 trunk line. Additional funds were included for high potential of obstacles requiring
special attention for 16 miles of pipe replacement, mostly in back lots and assisting
contractor with complications. Westwood is proposing two phases of design and
construction. Phase 1 consists of clean and televise lines, engineering design, and
construction of approximately 6,600LF of main line and fifteen (15) manholes for
rehabilitation or replacement. Phase 2 consists of approximately 78,800LF of the
remaining smaller lines and nineteen (19) manholes for rehabilitation or replacement. The
proposal assumes all line replacements can be done with Cured-in-Place Pipe (CIPP) or
other trenchless method. The scope and total cost for services totals $651,039.00, and is
summarized in the table below:
SCOPE TASK PHASE 1 PHASE 2 TOTAL
A. Project Management $ 5,360.00 $ 14,960.00 $ 20,320.00
B. Cleaning & Televising $ 27,419.00 $191,180.00 $218,599.00
C. Engineering Design $ 91,240.00 $170,350.00 $261,590.00
D. Bid Phase Services $ 15,740.00 $ 15,740.00 $ 31,480.00
E. Construction Phase Services $ 41,750.00 $ 73,400.00 $115,150.00
F. Direct Expenses $ 1,500.00 $ 2,400.00 $ 3,900.00
TOTAL $183,009.00 $468,030.00 $651,039.00
The timeline estimate for phase 1 is 52 weeks and phase 2 estimate is 94 weeks to
complete. The proposed cost of $651,039.00 would be paid with funds in 2018
Wastewater Bond Fund. I recommend approval pending legal review of the agreement
with Westwood Professional Services, Inc.
c. Attached is the proposed engineering services agreement with Westwood to assess the
Wastewater Treatment Plant. The facility assessment will consist of a tour of the WWTP
with operations staff to discuss current operations and conditions; Westwood will prepare
a facility assessment documenting the existing conditions accompanied by
recommendations for rehabilitation or improvements. The recommendations for
rehabilitation or improvements work will include a preliminary estimate of construction
costs and a schedule for potential implementation. The cost of the assessment is $73,900
that shall be paid via the 2024 Combination Tax & Revenue Certificates of Obligation.
The Wastewater Treatment Plant Supervisor, Dannie Davis, recommends approval of this
item; I concur with Mr. Davis’ recommendation.
d. The Nederland Heritage Festival Foundation will present donations to the Nederland
Animal Control, Nederland Parks & Recreation Department, Nederland Fire & Rescue
Department, and the Police Department. No action will be taken.
e. The Nederland Economic Development Corporation Director, Kay DeCuir will provide
information about the upcoming Fall Market scheduled for Saturday, October 18th. In
addition, she will provide information for the remaining Fall Concerts scheduled for
Thursdays, October 16th and 23rd. No action will be taken.
f. The Nederland Rotary Club requests the use of Doornbos Park and the Recreation Center
for the annual Hooked on Fishing, Not on Drugs (HOFNOD) event on Saturday,
February 7th, 2026. The event will be held from 8AM to 12PM. The Parks Director
recommends approval of the request. I concur with Mr. Latiolais’ recommendation.
g. The Nederland Chamber of Commerce requests the closure of Boston Avenue from 15th
Street to the Entergy ROW on Friday, October 31st for their annual “Trunk-R-Treat”
event. The Chamber has requested the closure of the street from 4:30 to 8:30PM. I
recommend approval of the request.
h. The Helena Singers and their sponsor, Windsor Stamey, have requested the usage of the
Recreation center on December 17, 2025, for a field trip. Following Christmas carol
performances, including a visit to the Nederland Senior Center, the group would like to
utilize the facility for a field trip. This would require the facility to be closed to the
public during normal business hours from 10:00-2:00 that day. The Parks & Recreation
Director recommends approval, I concur with his recommendation.
i. Mr. Johnny Powell of 1404 S 23rd Street is requesting an additional 30-day extension to
complete removal of his property encroaching on City Park property. At July 14, 2025,
City Council meeting, Resolution 2025-10 was approved requiring Mr. Powell to remove
all encroachments upon the City Property within 30 days (August 13, 2025). At the
August 11, 2025, City Council meeting, Mr. Powell requested an extension until
September 30, 2025 to comply with directives which City Council approved. He is
requesting an additional 30 days to comply with the City Council directives or by
October 31, 2025.
j. Attached is an invoice from the City of Beaumont in the amount of $68,327.39
representing Central Dispatch’s share of the overall Regional Radio System cost. The
City of Beaumont provides cost analysis and determines the billing allocations based on
the number of radios in service for each stakeholder and/or participating entity. In past
years, a Port Security Grant covered a large portion of the radio cost, however, beginning
last fiscal year, the grant was no longer available to offset the cost of the Regional Radio
System. Funds are budgeted in FY25-26 MCML Dispatch Fund to cover the cost of the
invoice. Funds are allocated in the MCML Dispatch Fund based on percentage of
population of the three mid-county cities. Fire Chief, Terry Morton recommends
approval, I concur with his recommendation.
k. Attached is an invoice from the City of Beaumont in the amount of $33,955.31
representing the City of Nederland’s share of the overall Regional Radio System cost.
The City of Beaumont provides cost analysis and determines the billing allocations based
on the number of radios in service for each stakeholder and/or participating entity. In
past years, a Port Security Grant covered a large portion of the radio cost, however,
beginning last fiscal year, the grant was no longer available to offset the cost of the
Regional Radio System. Funds are budgeted in FY25-26 General Fund-Emergency
Management Department budget to cover the cost of the invoice. Fire Chief, Terry
Morton recommends approval, I concur with his recommendation.
l. The Public Works Department requests authorization to purchase a Trash Truck for Solid
Waste; the truck would be purchased via BuyBoard (a state-approved contract). The new
trash truck will replace a 2013 trash truck that will be declared surplus and be auctioned
off at a later date. The purchase price is $312,093.28 that would be paid via the
Equipment Replacement Fund – Solid Waste. The proposed FY 2025-2026 budget
includes a $330,000 allocation for this purchase. The Solid Waste Supervisor, Kenneth
Morrison recommends approval, I concur with his recommendation.
m. A representative from Schaumburg & Polk, Inc. will provide an update on the 2025 City-
Wide Sanitary Sewer System Study. Requested by Mayor Darby.
n. Board member of the Nederland Economic Development Corporation (NEDC), Kasey
Taylor’s term expired October 1, 2025. Mayor Darby had requested that his
appointment be delayed until October 13, 2025 City Council meeting.
o. A public hearing will be held to receive comments and discuss the rezoning request from
Nederland AC, Inc. to rezone four lots addressed as 1308 and 1216 South 27th Street
being the split zoned lots with each lot having a front portion zoned C-2 Neighborhood
retail commercial and the rear portions being zoned R-2 Duplex residential, each
complete lot being requested to become C-2 Neighborhood retail commercial.
p. The property owner at 1308 and 1216 South 27th Street has submitted a request to rezone
four lots addressed as 1308 and 1216 South 27th Street being split lots with each lot
having a front portion zoned C-2 Neighborhood retail commercial and the rear portions
being zoned R-2 Duplex residential, each complete lot being requested to become C-2
Neighborhood retail commercial. The Planning and Zoning Commission held a public
hearing on September 16, 2025 for the purpose of receiving comments concerning the
rezoning request. There were no attendees living within 200ft of the property at the
meeting. There were citizens in attendance who voiced their concerns stating that
rezoning the lots could in the future allow for commercial properties to be built near
residential areas. A church member, Mr. Jackson stated the church would rather request
rezoning to be able to use their property without being tied down to a specific use
requirement since 350ft of their property is already zoned commercial. After the public
hearing was closed, the commission received a motion to approve the rezoning without a
second, the motion on the floor died for lack of a second. The September 16th meeting of
the P&Z Commission adjourned without decision. Another meeting of the P&Z
Commission was held on October 1, 2025, minutes of September 16, 2025 public hearing
and regular meeting were approved. A motion to approve the rezoning request by
Nederland AC, Inc. was approved at this meeting. The Chief Building Official and
Planning and Zoning Commission recommend approval of the rezoning request.
q. The Chief Building Official, Mr. George Wheeler will provide an update on the status of
property located at 2120 Avenue H.
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
6:00 p.m. September 22, 2025
1. MEETING
The meeting was called to order at 6:00 p.m. by Mayor Darby at the Nederland City Office
Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
“PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE
HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED
UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN
LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN
THAT IS CARRIED OPENLY.”
2. INVOCATION AND PLEDGES OF ALLEGIANCE
The invocation was led by Pastor Mary Peterson of Trinity Presbyterian Church and the
Pledges of Allegiance were led by Mayor Darby.
3. CITIZEN COMMENTS
Pastor Wesley Jackson with Apostolic Church expressed confusion about the rezoning
process for church property and requested clarification on next steps after the Planning &
Zoning Commission did not vote on their request. He stated they have been trying to do
things properly but feel the process has been difficult.
James Corkran, 1308 S. 27th St., stated that he bought the property as commercial property
and it has always been zoned commercial.
Mayor Darby provided clarification on the rezoning process and next steps, including
appealing to the Zoning Board of Appeals. He committed to trying to expedite the appeals
board meeting if possible.
Greg Corkran, 7449 Holmes Rd., stated the city mailed out notices and no protests were
received.
George Wheeler, Chief Building Official, stated the next Zoning Board of Appeals meeting
will be on October 14th.
Mark Burlison, 2717 Pat Lane, requested more clarity in agenda postings when items are
removed. He also asked if a special Zoning Board of Appeals meeting could be held sooner
than October 14th.
Minutes continued, September 22, 2025
2
4. REGULAR AGENDA
NEW BUSINESS
a. A motion was made by Councilmember Jones and seconded by Councilmember Sonnier
to approve the Minutes of September 8, 2025 as presented. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
b. A motion was made by Councilmember Jones and seconded by Councilmember Duplant
to approve the departmental reports for August 2025 as presented. MOTION
CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Mayor Darby mentioned a personal experience with a delayed ambulance response time
on August 25th and requested more information from Acadian Ambulance.
c. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve the Tax Assessor Collection Report for August 2025 as presented.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
d. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to
receive the Quarterly Investment Report from the Finance Department. MOTION
CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
e. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tem Ortiz
to approve a request from Adaptive Sports for Kids to utilize Doornbos Park for their
fishing derby on October 4th. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
f. David Wedgewoth provided comments regarding public works contracts, specifically
the Westwood contract approved at the previous meeting. He expressed concerns about
the open-ended nature of the contract and potential financial risks to the city. Council
members and staff discussed the contract approval process and agreed to review some
of the concerns raised.
g. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve Ordinance No. 2025-19, declaring certain utility accounts as ‘uncollectible.’
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes continued, September 22, 2025
3
h. Mr. Spell gave a presentation on the GovWell permitting and work order software being
considered for the Public Works and Inspections departments. The software would
allow for online permit applications and payments, electronic plan reviews, mobile
inspections, and improved work order tracking.
Jolei Shipley, 8765 Holmes Rd., asked if other cities were using this program and will
this be online for citizens to view.
Keith Bass, 2415 Ave E, requested the software be online so that citizens may utilize
when making complaints.
Kasey Taylor, 202 Dorothy Dr., stated her business utilizes GovWell and commented
on the program’s many capabilities.
Councilmembers asked questions about public access to information, implementation
timeline, and costs. No formal action was taken, but staff was directed to continue
evaluating the software and address concerns raised.
i. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to
approve payment to Texas Municipal League for cyber security insurance. MOTION
CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
j. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to appoint an auditing firm to perform the City’s audit for the fiscal year 2024-2025.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
k. A motion was made by Councilmember Duplant and seconded by Councilmember
Jones to authorize the submission of a Texas Department of Transportation Special
Traffic Enforcement Program (STEP) grant application. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
l. Jolei Shipley and Keith Bass stated they were opposed to limiting citizens to comment
on only 3 items per agenda.
Discussion was held regarding changing the start time of council meetings to 5:30pm.
All agreed that 5:30pm provided ample time for citizens to attend meetings.
Councilmember Jones made a motion to strike #4 under ‘2.2 Rules for Citizens
Comments’ from the Policies and Procedures for City Council Meetings which limits
citizens to comment on only 3 items per agenda. Motion died for lack of a second
motion. All council members voted aye to end the debate.
Minutes continued, September 22, 2025
4
A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve Resolution 2025-12, amending Policies and Procedures for City Council
Meetings, which changes council meeting times to 5:30pm and implements a maximum
cumulative timed limit of nine minutes to address all desired agenda items at the council
meeting. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Sonnier, and Ortiz.
NOES: Councilmember Jones.
m. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve Resolution No. 2025-14, authorizing the City of Nederland’s participation
in the Texas Attorney General’s Opioid Settlement – Secondary Manufacturers.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
n. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve an amendment to Ordinance 107 – installation of stop signs at intersections.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
o. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to
approve a Memorandum of Agreement between Baptist Hospitals of Southeast Texas
and City of Nederland for the supply of potable water in a disaster event. MOTION
CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
p. A motion was made by Councilmember Sonnier and seconded by Councilmember
Jones to appoint Mayor Jeff Darby to the Nederland Economic Development Board,
which is an at-large position and would replace Don Albanese. MOTION
CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
A motion was made by Councilmember Duplant and seconded by Mayor Pro Tem Ortiz
to re-appoint Anthony Toups to the Nederland Economic Development Board, an at-
large position. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
A motion was made by Councilmember Jones to re-appoint Billy Neal to the Nederland
Economic Development Board, a Ward 2 position. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes continued, September 22, 2025
5
A motion was made by Councilmember Sonnier and seconded by Councilmember
Jones to appoint Stephen Hemelt to the Nederland Economic Development Board,
which is a Ward 3 position and would replace Billy Doornbos. MOTION
CARRIED.
AYES: Mayor Darby, Councilmembers Jones, Sonnier, and Ortiz.
NOES: Councilmember Duplant.
Kasey Taylor, a current NEDC board member, stated it has been an honor to serve for the
past nine years. She stated she owns her own business, is qualified to serve, and for the
continuity of the board would like to continue to serve. Mayor Darby stated he will make
a decision on her re-appointment at a later date.
q. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve the 2025-2026 Wage and Classification Plan. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
r. A motion was made by Councilmember Jones and seconded by Councilmember
Sonnier to approve Ordinance No. 2025-20, amending the fiscal year 2024-2025
budget. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
s. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to declare surplus the 1998 Surrey Fire Safety House from the Nederland Fire
Department and authorizing its disposal through auction. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 8:04 p.m. by Mayor Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel –
Texas Government Code, Chapter 551.074, Deliberations regarding candidates for City
Manager; Police Chief Rod Carroll.
6. RECONVENE
The regular meeting was reconvened at 8:52 p.m. by Mayor Darby.
7. No motions were received and the agenda item regarding candidates for City Manager was
not approved.
8. ADJOURN
There being no further business a motion was made by Mayor Darby to adjourn the meeting
at 8:53 p.m.
Minutes continued, September 22, 2025
6
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:00 p.m. September 16, 2025
1. MEETING
The meeting was called to order at 4:00 p.m. by Mayor Jeffrey P. Darby at the Nederland City
Hall, 207 N 12th Street, Nederland, Texas. See attached for quorum.
The following statement was posted:
“PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE
HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED
UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN
LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN
THAT IS CARRIED OPENLY.”
2. EXECUTIVE SESSION
The regular meeting was recessed at 4:00 p.m. by Mayor Jeffrey P. Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Personnel –
Texas Government Code, Chapter 551.074, Deliberations regarding candidates for City
Manager.
3. RECONVENE
The regular meeting was reconvened at 5:07 p.m. by Mayor Jeffrey P. Darby.
4. There was no action taken regarding Executive Session.
5. ADJOURN
There being no further business a motion was made by Mayor Jeffrey P. Darby to adjourn the
meeting at 5:08 p.m.
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
October 13, 2025 (Revised) Job No: 0069501.00
Ms. Cheryl Dowden
Interim City Manager CITY OF NEDERLAND 515 Hardy Avenue, P.O. Box 967 Nederland, Texas 77627 Re: Professional Civil Engineering Services SANITARY SEWER SYSTEM REHAB – WESTERN SECTION Nederland, Jefferson County, Texas
Dear Ms. Dowden: Westwood Professional Services is pleased to submit this proposal to provide professional civil engineering services relating to the referenced project. It is our
understanding that the City seeks to repair or replace failing segments of its aging gravity sanitary lines and manholes to reduce the I&I problem. Based on our preliminary discussions and the information received to date, our understanding of the project is as
shown on the attached documents. Note, there are two phases of design and construction for more expeditious completion of the overall project. The phases are defined in Exhibit A. For your reference, please find the attached documents:
Consultant Services Agreement;
Exhibit A – Scope of Services;
Exhibit A.1 – Project Phases
Exhibit B – Compensation and Method of Payment
Exhibit C – Insurance; and
Exhibit D – Schedule Westwood Professional Services is pleased to have this opportunity to submit this proposal and look forward to working with you on this project. If the proposed agreement is acceptable to you as presented, please execute one copy of the agreement form and return one original copy to our office. If you have any questions or would like any additional information, please do not hesitate to call us at your convenience.
Sincerely,
Clint A. Bissett, P.E.
JCR/jmc
Westwood General Conditions of Agreement Page 1 of 13 Rev.2023
General Conditions of Agreement Westwood Professional Services, Inc.
These General Conditions of Agreement for the Sanitary Sewer System Rehab – Western Section (the “Project”), together with the attached Exhibits and any amendments hereto, are an agreement (collectively, the “Agreement”) between City of Nederland (“Client”), a Texas Governmental Entity, and Westwood Professional Services, Inc. (“Westwood”), a Texas corporation. Client and Westwood are each a “Party” and collectively, the “Parties” to this Agreement dated October 13, 2025 (the “Effective Date”). 1.01 BASIC AGREEMENT In exchange for the mutual covenants and promises contained in this Agreement and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree that Westwood shall provide, or cause to be provided, the professional services (the “Services”) set
forth in this Agreement for Client in exchange for payment contemplated herein. In addition, Westwood shall provide drawings, specifications, plans, designs, work product, and other items and materials as described in this Agreement (the “Deliverables”).
2.01 SCOPE AND RESPONSIBILITIES
A. Westwood. Westwood shall perform Services for the Project as set forth in the Scope of Services & Fee Proposal, attached and incorporated by reference herein as Exhibit “A”, in accordance with the terms of this Agreement and consistent with the Project Schedule, attached and incorporated by reference herein as Exhibit “D”. Westwood reserves the right to augment its staff with employees and/or consultants as it deems appropriate to assist in the performance of Services for the Project due to Project logistics, scheduling issues, and/or market conditions. The Deliverables and all other documents, software, data, intellectual property, and other work products created, developed, produced, delivered, performed, and/or provided by Westwood, whether in hard copy or in electronic form, are instruments of service (“Instruments of Service”) for this Project, whether the Project is completed or not.
B. Client. In addition to the other responsibilities described in this Agreement and/or imposed by law or in equity, Client shall have the following obligations: 1. Provide all information and criteria as to Client’s requirements, objectives, and expectations for the Project, including all numerical criteria that Client expects Westwood and its consultants, if any, to meet, including all standards of development,
design, and/or construction. 2. Provide Westwood all previous studies, plans, and/or other documents pertaining to the Project, including but not limited to the contract with the property owner (the “Prime Contract”), if any, and all applicable data requested by Westwood. 3. Arrange for reasonable access to the Project site and other private or public property, including any easements or other authorizations as required for Westwood to provide the Services. 4. Review all documents and/or oral reports presented by Westwood and render in writing decisions pertaining thereto within a reasonable time so as not to delay the Services for the Project. 5. Apply for and furnish applicable approvals, licenses, and/or permits from
governmental authorities having jurisdiction over the Project. 6. Furnish certifications and/or consents from other entities as may be necessary from time to time and in accordance with Section 10.01.C herein.
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7. Be responsible for obtaining from others such independent accounting, legal, insurance, cost estimating, and overall feasibility services as Client may desire for the
Project. 8. Comply with all applicable safety guidelines at the Project site at its own expense. 9. Give reasonably prompt written notice to Westwood whenever Client becomes aware of any development that affects the scope, timing, and/or payment of Westwood’s Services and/or any defect or noncompliance in any aspect of the Project. 10. Bear all costs incidental to the responsibilities of Client under this Agreement. 3.01 ADDITIONAL SERVICES A. The Parties recognize that the Project scope may change from time to time, and in such an event,
Westwood may furnish services in addition to those set forth in the Scope of Services & Fee
Proposal, if authorized by Client in writing.
B. In such case(s), the Parties shall appropriately and reasonably adjust Westwood’s Services, the Project Schedule, and compensation for such additional services. Specifically, Client shall pay
Westwood for such additional services an amount equal to the cumulative hours charged to the Project by each class of Westwood’s employees multiplied by the rates for each applicable billing class plus reimbursable expenses and Westwood’s consultant charges, if any. Client shall also adjust the budget and anticipated design and construction milestones, if any, as necessary to accommodate such changes to the Project Schedule. 4.01 PAYMENT PROCEDURES A. Compensation. Client shall compensate Westwood for its Services as set forth in the Compensation & Method of Payment/Fee Schedule, attached and incorporated by reference herein as Exhibit “B”, including any subsequent amendments and/or change orders. Client shall pay Westwood as
follows: 1. Hourly. If the Services are agreed to be on an hourly basis, invoice amounts shall be in
accordance with Westwood’s Fee Schedule in effect at the time when the Services are performed. Westwood’s standard hourly rates in the Fee Schedule shall be defined as an amount equal to the cumulative hours charged to the Project by Westwood’s
employees times standard hourly rates for each applicable billing class for all Services performed on the Project plus reimbursable expenses and Westwood’s consultant charges, if any. Fee Schedule prices and rates are subject to change. 2. Lump Sum. If the Services are agreed to on a lump sum basis, invoice amounts shall be an amount equal to the percent of each task’s completion multiplied by the lump sum of the task plus reimbursable expenses and Westwood’s consultant charges, if any. Reimbursable expenses are defined as project-related internal expenses to Westwood actually incurred plus all invoiced external reimbursable expenses allocable to the specific project, the latter of which is multiplied by a factor of 1.15.
If applicable, when compensation to Westwood includes charges of Westwood’s consultants, those charges shall be the amounts billed by Westwood’s consultants to Westwood multiplied by a factor of 1.15. The consultant’s reimbursable expenses and Westwood’s factors include consultant
overhead and profit associated with Westwood’s responsibility for the administration of such services.
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Fee estimates are included in the Scope of Services & Fee Proposal. Westwood may alter the distribution of compensation between individual phases of work to be consistent with Services
actually rendered. B. Preparation of Invoices. Westwood will prepare a monthly invoice in accordance with Westwood’s standard invoicing practices and submit the invoice to Client. C. Payment of Invoices. Invoices are due and payable within thirty (30) days of receipt.
D. Termination or Suspension of Services. If Client fails to make any payment due to Westwood for fees, costs, or expenses within thirty (30) days of receipt of Westwood’s invoice, such failure shall be considered substantial nonperformance and cause for termination in accordance with Section 9.01.B.2.iii of this Agreement. Alternatively, Westwood may suspend Services under this
Agreement until Westwood has been paid in full for all amounts due and after giving seven (7) days advance written notice to Client. In the event of a suspension of Services, Westwood shall have no liability for delay or damage caused because of its suspension of Services. If Westwood
resumes its Services after being paid all amounts due, the Project and Fee Schedules may be equitably adjusted, if necessary.
E. Payment Disputes. Client shall provide written notification to Westwood within fourteen (14) days of receipt of the invoice should Client object to all or any part of the charges appearing on the invoice. Such written notice shall set forth, at a minimum, the specific portion of the invoice disputed, the amount disputed, and the alleged factual and legal basis for the dispute. The portion of the invoice not in dispute shall be paid by Client within thirty (30) days receipt of said invoice, and the disputed portion shall be resolved in accordance with Section 8.01 herein. In no event shall Client withhold amounts from Westwood’s compensation to impose a penalty or liquidated damages unless Westwood has been found liable for the amounts in a binding dispute resolution proceeding or lawsuit. Further, Westwood has the right to engage consultants to mitigate its damages, if needed. F. Taxes. Each Party shall be solely responsible for their own tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to this Agreement.
G. Attorney Fees. In the event that Westwood must retain an attorney or collection agency due to Client’s breach of this Agreement and/or to recover amounts due and owing to Westwood,
including any additional services authorized by Client in writing pursuant to Section 3.01, Client shall be liable for all fees, costs, and expenses, including reasonable attorney fees, incurred regardless of whether an action is filed or not.
H. Interest. Interest on any outstanding invoice balance past 30 days shall accrue at the rate of 1.25% per month or the highest rate permitted by law. Payments will be credited first to interest and then to principal. 5.01 INTELLECTUAL PROPERTY A. Ownership and License. Upon Westwood’s receipt of full payment for the Deliverables and/or Instruments of Services, Client shall be the owner of all right, title, and interest in and to any and all Deliverables and/or Instruments of Service. Provide, however, that Westwood shall retain any ownership, copyright, and property interests in its standard systems, sections, details and
specification.
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B. Reuse. Deliverables and/or Instruments of Service are not intended or represented to be suitable
and are not licensed to Client for reuse, change, or alteration on extensions of the Project or on any other project without the express written permission of Westwood. Any unauthorized use of the Deliverables and/or Instruments of Service will be at the Client’s sole risk without legal exposure or liability to Westwood. 6.01 GENERAL CONSIDERATIONS A. Standard of Care. The standard of care (“Standard of Care”) for all Services performed or furnished by Westwood under this Agreement will be the care and skill ordinarily used by members of Westwood’s profession practicing under similar circumstances at the same time and in the same locality. Westwood is responsible for the safety of its personnel and employees; however,
Westwood shall not be responsible for overall site safety. Westwood shall perform its Services as expeditiously as is consistent with such professional skill and care and in accordance with the orderly progress of the Project.
B. DISCLAIMER OF WARRANTIES AND GUARANTEES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.01.A ABOVE, WESTWOOD MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO WESTWOOD’S SERVICES UNDER THIS AGREEMENT. WESTWOOD HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THESE SERVICES AND THIS DISCLAIMER EXTEND TO ALL WESTWOOD DELIVERY SERVICES, SOFTWARE, DATA, AND ALL OTHER WESTWOOD WORK PRODUCT AND INTELLECTUAL PROPERTY. FURTHER, WESTWOOD NEITHER GUARANTEES THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING CONTRACTORS, USING THE DELIVERABLES OR SERVICES NOR ASSUMES ANY RESPONSIBILITY FOR ANY THIRD PARTY’S FAILURE TO FURNISH OR PERFORM ANY WORK THAT USES THE DELIVERABLES OR SERVICES. C. Compliance with Laws. The Parties will apply the Standard of Care identified in Section 6.01.A and will comply with applicable laws, codes, regulations, and ordinances in effect during the term of this Agreement, which to the best of each Party’s knowledge, information, and belief, apply to each Party’s respective obligations.
D. Right of Entry. Client grants to Westwood, and, if the Project site is not owned by Client, shall obtain permission for, a reasonable right of entry, access, and/or easement from time to time by Westwood, its employees, agents, and/or consultants upon the Project site for the purpose of providing the Services. Upon written request and approval by Westwood, Westwood may assist Client in obtaining necessary permits and/or licenses related to rights of entry and/or easements in order for Westwood and Westwood’s consultants, if any, to adequately access and perform Services at the Project site under this Agreement. E. Underground Data and Investigative Equipment. Client shall advise and provide Westwood with all information and data in its possession concerning the type and location of all underground
utilities, both public and private, as applicable. Client recognizes that the use of investigative equipment and practices may unavoidably alter the existing Project site conditions and affect the environment in the area being studied despite the use of reasonable care. To the extent allowed by
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Texas law, Client shall indemnify and hold Westwood harmless from claims for damages caused by reasons of Westwood’s provision of Services under this Section.
F. Reliance on Client-Provided Data. Client shall be responsible for—and Westwood and its consultants, if any, may use and/or rely upon—the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Client or Client’s consultants, if any, including but not limited to Client’s contractors, manufacturers, and/or suppliers (collectively, “Client-Provided Data”). Westwood may use such Client-Provided Data in performing or furnishing the Services under this Agreement, and Westwood shall coordinate the Services with the work provided by Client and/or Client’s consultants for the Project. G. Corrections. Within 60 days of delivery, if Client reasonably and timely notifies Westwood in writing of a deficiency(ies) with Westwood’s Services, Deliverables, and/or Instruments of Service,
Westwood—as Client’s sole and exclusive remedy—shall correct such deficiency(ies) without additional compensation to Client within 60 days after Westwood’s receipt of Client’s written notice, except to the extent such action is directly attributable to deficiencies in Client-Provided
Data. If for any reason Westwood is not able to correct such deficiency(ies) within 60 days after Westwood’s receipt of Client’s written notice under this Section, Westwood will notify Client and will advise in writing the timeframe needed to correct the deficiency(ies) as expeditiously as
possible. H. Responsibility for Others. Westwood shall not be responsible for the acts, errors, or omissions of any consultant(s), contractor(s), subconsultant(s), subcontractor(s), and/or supplier(s), or of any of their agents or employees or any other persons (except Westwood’s own employees or those for whom Westwood is legally responsible) furnishing or performing any work or for any decision made on interpretations or clarifications of Deliverables or Instruments of Service without the consultation and advice of Westwood. I. Non-Construction Phase Work. It is understood and agreed that if Westwood’s Services under this Agreement do not include construction-phase work, and that such work will be provided by Client
or others on behalf of Client, then Client assumes all responsibility for interpretation of the Deliverables and/or Instruments of Service for construction observation and/or review. In such instances, if applicable, Client waives any and all claims against Westwood that may be in any way connected thereto. Further, Westwood shall not be required to make exhaustive or continuous on-site inspections of the Project to check the quality or quantity of the work for construction but will reasonably promptly report to Client known deviations, defects, and/or deficiencies, if any.
J. Hazardous Environmental Conditions. The Parties acknowledge this Agreement does not include any Services related to a hazardous environmental condition. Such conditions include, but are not limited to the presence of, asbestos, polychlorinated byphenyls, petroleum, toxic substances or waste, and/or radioactive materials (collectively, “Hazardous Environmental Conditions”). If Westwood or any other entity or individual encounters a Hazardous Environmental Condition, Westwood may, at its option and without liability for consequential, liquidated, or any other damages, suspend performance of Services on the portion of the Project affected thereby until Client (i) retains an appropriate specialist consultant and/or contractor to identify and, as appropriate, abate, remediate, and/or remove the Hazardous Environmental Condition and (ii) warrants that the site is in full compliance with applicable laws, codes, regulations, and ordinances
then in effect, if any. Westwood shall have no responsibility for the discovery, presence, handling, removal, disposal of, or exposure of persons or property to any such Hazardous Environmental Condition in any form at the Project site.
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K. Substitutions. Westwood shall not be responsible for Client’s directive, substitution, or acceptance of non-conforming work at the Project that is made or given without Westwood’s written approval. 7.01 ALLOCATION OF RISKS A. INDEMNITY BY WESTWOOD. TO THE FULLEST EXTENT PERMITTED BY LAW, WESTWOOD SHALL INDEMNIFY AND HOLD HARMLESS (BUT SHALL NOT DEFEND) CLIENT, CLIENT’S OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS FOR COSTS, LOSSES, JUDGEMENTS, OR DAMAGES (INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES RECOVERABLE UNDER APPLICABLE LAW) BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF WESTWOOD OR WESTWOOD’S OFFICERS, DIRECTORS, PARTNERS, OR EMPLOYEES IN THE PERFORMANCE OF WESTWOOD’S OBLIGATIONS UNDER THIS AGREEMENT. IN NO EVENT SHALL WESTWOOD’S INDEMNITY OBLIGATIONS EXTEND BEYOND ANY APPLICABLE ANTI-INDEMNITY STATUTE OR THE LIMITS OF LIABILITY CONTEMPLATED IN SECTION 7.01.C BELOW. B. INDEMNITY BY CLIENT. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT
SHALL INDEMNIFY AND HOLD HARMLESS (BUT SHALL NOT DEFEND) WESTWOOD, WESTWOOD’S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES,
AND WESTWOOD’S CONSULTANTS, IF ANY, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS FOR COSTS, LOSSES, OR DAMAGES TO THE EXTENT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF CLIENT OR CLIENT'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR CLIENT'S CONSULTANTS IN THE PERFORMANCE OF CLIENT’S OBLIGATIONS UNDER THIS AGREEMENT. C. LIMITATION OF LIABILITY. 1. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS AGREEMENT TO CLIENT AND WESTWOOD, THE RISKS HAVE BEEN ALLOCATED SUCH THAT CLIENT AGREES, TO THE FULLEST EXTENT OF THE LAW AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE, OF WESTWOOD AND WESTWOOD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONSULTANTS TO CLIENT OR TO ANYONE CLAIMING BY, THROUGH, OR UNDER CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, PROFESSIONAL ACTS, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OF WESTWOOD OR WESTWOOD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONSULTANTS, SHALL NOT EXCEED THE TOTAL COMPENSATION RECEIVED BY WESTWOOD UNDER THIS AGREEMENT OR $1,000,000.00, WHICHEVER IS GREATER.
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2. FURTHER, WESTWOOD’S TOTAL LIABILITY TO CLIENT AND ANYONE CLAIMING BY, THROUGH, OR UNDER CLIENT FOR ANY COST, LOSS, OR DAMAGES CAUSED IN PART BY THE NEGLIGENCE OF WESTWOOD AND IN PART BY THE NEGLIGENCE OF CLIENT OR ANY OTHER NEGLIGENT ENTITY OR INDIVIDUAL SHALL NOT EXCEED THE PERCENTAGE SHARE THAT WESTWOOD’S NEGLIGENCE BEARS TO THE TOTAL NEGLIGENCE AT ISSUE. 3. IT IS INTENDED BY THE PARTIES THAT THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT SHALL NOT SUBJECT WESTWOOD’S INDIVIDUAL SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR EMPLOYEES TO ANY PERSONAL LEGAL EXPOSURE FOR THE RISKS ASSOCIATED WITH WESTWOOD’S SERVICES UNDER THIS AGREEMENT. 4. UNDER NO CIRCUMSTANCES SHALL WESTWOOD BE LIABLE FOR EXTRA COSTS, DAMAGES, FEES, OR OTHER CONSEQUENCES DUE TO CHANGED CONDITIONS OR FOR THE FAILURE OF OTHER ENTITIES OR INDIVIDUALS TO PERFORM WORK IN ACCORDANCE WITH THE DESIGN PLANS AND SPECIFICATIONS. D. WAIVER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES AGAINST THE OTHER, INCLUDING THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AND INSURERS, ANY AND ALL CLAIMS FOR OR ENTITLEMENT TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, LIQUIDATED, INDIRECT, EXEMPLARY, AND/OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROJECT, THE DELIVERABLES, INSTRUMENTS OF SERVICE, AND/OR EACH PARTY’S OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THIS PROHIBITION EXTENDS TO ANY CLAIMS BY CLIENT OR A THIRD PARTY(IES) FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, GOOD WILL, COST OF SUBSTITUTE FACILITIES, GOODS, SERVICES, AND/OR COST OF CAPITAL. 8.01 CLAIMS AND DISPUTES A. Notice. In addition to the provisions of Section 4.01.F above regarding payment disputes, if any other dispute, controversy, or claim (“Dispute”) should arise between the Parties relating to this
Agreement, written notice of the Dispute shall be provided by the aggrieved Party to the other Party within 14 days of the instance giving rise to the Dispute. B. Informal Dispute Resolution. After written notice of a Dispute, the Parties shall attend an in-person meeting, or by remote means if mutually agreeable, in the county where the Project is located or at another mutually agreeable venue. Each Party shall designate at least one person with authority to act and bind the company on its behalf to attend the meeting in a good faith effort to resolve the Dispute and in a timely and cost-effective manner before any further escalation as detailed in this Section. C. Mediation and Litigation. Should any Dispute fail to resolve during the meeting required under
Section 8.01.B, such Dispute shall be submitted to mediation in accordance with the Construction Industry Arbitration Rules and Mediation Procedures of the American Arbitration Association as a condition precedent to arbitration. The Parties shall agree upon a mediator in the county where the project from which the Dispute arises is located or in another county if mutually agreed in writing
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by the Parties. The Parties shall split any mediation fee(s) payable to the mediator to conduct the mediation. The Parties shall each be responsible for and bear their own separate costs and fees for
the mediation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. Should mediation fail, the Dispute shall be resolved by litigation to be held in the county where the Project is located or in another county if mutually agreed in writing by the Parties. D. Subpoenas and Document Production. In the event Westwood is asked or forced through subpoena, deposition, or otherwise to participate in a dispute resolution proceeding between Client and a third-party(ies), including but not limited to providing trial and pre-trial testimony and searching, reviewing, and/or producing documents, Westwood shall recover its costs, fees, and expenses (including its attorney fees) and be compensated for all time spent at the highest rate provided in Exhibit “B”.
E. Prevailing Party. In the event of a Dispute, mediation, arbitration, or litigation related to the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement of its
reasonable attorney fees, expenses, and costs in bringing or defending the action. As used herein, a “Prevailing Party” means the party that is afforded the greater relief (whether affirmatively or by means of a successful defense) with respect to the totality of claims, including counterclaims
and crossclaims, if any, and having the greatest value or importance as determined by the court, mediator, or arbitrator(s) allowing for all of the claims and defenses asserted. In claims for money damages, the total amount of recoverable attorney fees, expenses, and costs shall not exceed the net monetary award or judgment of the prevailing party. F. Consolidation/Joinder. The Parties agree to consolidation and/or joinder with another pending dispute resolution proceeding, if any, to the extent such consolidation and/or joinder (i) substantially involves common questions of law or fact; (ii) is in the interest of justice or is otherwise necessary to afford complete relief to the Parties hereto; and (iii) is permitted by the judge, arbitrator, mediator, or other decision maker in the other dispute resolution proceeding. The Parties consent to consolidation and/or joinder under this Section even if the other dispute
resolution proceeding is in a venue not provided for in this Agreement and/or otherwise is not selected by the Parties hereto. G. Performance. Client shall continue its payment obligations in accordance with this Agreement during the pendency of any dispute resolution proceedings, including informal dispute resolution, mediation, arbitration, and/or litigation.
9.01 TERM AND TERMINATION A. Term. This Agreement shall commence on the Effective Date and remain in full force and effect for a period of one (1) year after Westwood’s completion of Services. This Agreement may be renewed by mutual written agreement of the Parties. B. Termination. This Agreement may be terminated: 1. By either Party upon 30 days written notice in the event of failure by the other Party to perform in accordance with the Agreement’s terms through no fault of the terminating
party. Notwithstanding the foregoing, this Agreement will not terminate as a result of a failure to perform in accordance with the Agreement if the Party receiving a notice of failure
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to perform begins within seven (7) days of receipt of such notice to correct its failure and proceeds diligently to cure such failure within 30 days of receipt of said notice;
provided, however, that if and to the extent such failure cannot be reasonably cured within such 30 day period, and if such Party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. By Westwood: i. Upon seven (7) days written notice if Westwood believes that Westwood is being requested by Client to furnish or perform services contrary to Westwood’s responsibilities as a licensed professional;
ii. Upon seven (7) days written notice if Westwood’s Services for the Project are delayed or suspended for more than 90 days for reasons beyond Westwood’s control; or
iii. Upon seven (7) days written notice if Client fails to make any payment due to Westwood in accordance with this Agreement.
Westwood shall have no liability to Client as a result of such termination in this Section. 3. In the event of a termination of this Agreement, the terminating Party may set the effective date of termination at a time up to 30 days later than would otherwise be provided to allow Westwood time to demobilize personnel and equipment from the Project site; to complete tasks providing value that would otherwise be lost; to prepare notes as to the status of completed and uncompleted tasks; and/or to assemble Project materials in orderly files. Westwood shall be compensated for the time required to complete such tasks. 10.01 MISCELLANEOUS PROVISIONS A. Insurance. Westwood shall maintain insurances during the term of this Agreement as indicated in Exhibit “C”, attached and incorporated by reference herein. B. Independent Contractor. Nothing contained in this Agreement shall be construed to mean that
Westwood and Client are engaging in an employer/employee relationship, joint venture, agency, fiduciary relationship, or partnership. The Parties shall at all times be and remain independent contractors of one another. Except as expressly agreed by the Parties in writing, neither Party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other Party or to bind the other Party in any respect whatsoever. Neither Party shall have any obligation or duty to the other Party except as expressly and specifically set forth herein, and no such obligation or duty shall be implied by or inferred from this Agreement or the conduct of the Parties hereunder. C. Successors and Assigns. The Parties and the partners, successors, executors, administrators, and legal representatives of each Party are each hereby bound to the other Party to this Agreement and
to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other Party, in respect of all covenants, agreements, and obligations of this Agreement. Neither Party may assign, sublet, or transfer any rights under or interest (including, but without
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limitation, moneys that are due or may become due) under this Agreement without the written consent of the other.
D. No Third-Party Rights. This Agreement shall not create any rights or benefits to entities other than to Client and Westwood, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of Client and Westwood. No third party shall have the right to rely on Westwood’s Deliverables, Instruments of Service, or opinions rendered in connection with the Services without the written consent of Westwood and the third party’s agreement to be bound to the same conditions and limitations as Client. E. Force Majeure. An event of force majeure (“Force Majeure”) occurs when an event beyond the control of the Party claiming Force Majeure prevents such Party from fulfilling its obligations under this Agreement. An event of Force Majeure includes, without limitation, floods, hurricanes and
other adverse weather conditions, war, riot, civil disorder, acts of terrorism, disease, epidemic, pandemic, strikes and labor disputes, actions or inactions of government or other authorities, law enforcement actions, curfews, closure of transportation systems or other unusual travel difficulties,
or the inability to provide a safe working environment. In the event of a Force Majeure, the obligations of Westwood to perform Services shall be
suspended for the duration of the event of Force Majeure. In such event, Westwood shall be compensated for time expended and expenses incurred during the event of Force Majeure, and the Project Schedule shall be equitably extended by a like number of days as the event of Force Majeure. If Services are suspended for 30 days or more, Westwood may, in its sole discretion and upon five (5) days prior written notice, terminate this Agreement, the amendments hereto, if any, the affected change order(s), if any, or any of the above. In the case of such termination, and in addition to the compensation and time extension set forth above, Westwood shall be compensated for all reasonable termination expenses.
F. Choice of Law. This Agreement and any disputes arising out of or relating hereto and/or to this Agreement, its formation, and/or the Exhibits hereto shall be governed by the laws of the State of Texas.
G. Survivability. Sections 5.01, 6.01.A-B, 7.01, and 8.01 included in this Agreement shall survive this Agreement’s completion or termination for any reason.
H. Invalidity. Any provision or part of this Agreement held to be invalid, void, or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Parties. To the fullest extent permitted by law, the stricken portion shall be revised to the extent necessary to make that provision legal and enforceable and shall give effect to the Parties’ intentions and purposes in executing this Agreement. I. Conflicting Provisions. In the event the terms of these General Conditions conflict with the Agreement Exhibits, the Prime Contract, or any other applicable agreement, these General Conditions as between Client and Westwood shall govern unless the Parties expressly agree in writing otherwise.
J. Notices. Any notice, request, demand, or other communication required or permitted hereunder shall be in writing, shall reference this Agreement, and shall be deemed to be properly given (i) when delivered personally; by registered or certified mail, return receipt requested, postage prepaid;
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or by UPS/FedEx express courier service or (ii) when sent by e-mail with receipt confirmation requested, provided, that a hard copy of such notice shall also be sent in accordance with the methods
described in clause (i) of this Section within two (2) business days of such email. All notices shall be sent to the address set forth on the signature page of this Agreement or to such other address or person as may be designated by a Party in writing to the other Party pursuant to this Section. K. Total Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior written or oral understandings regarding this subject. This Agreement may only be amended, supplemented, superseded, or modified by a mutually executed written instrument by both Parties. No waiver of any condition or of the breach of any term of this Agreement shall be deemed to be a further or continuing waiver of any such condition or of the breach of any term of this Agreement.
L. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be one and the same instrument.
[Remainder of Page Left Intentionally Blank; Signature Page Follows]
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The Parties hereto have executed this Agreement as of the Effective Date first indicated above.
CLIENT: City of Nederland WESTWOOD: Westwood Professional Services, Inc.
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(Signature) (Signature)
[counterpartySignerName_EHGcqul] [westwoodSignerName_0Mat3my]
(Name – Printed) (Name – Printed) [counterpartySignerTextField_11H9suA||22]
[westwoodSignerTitle_CYrC3Gf]
(Title) (Title) [counterpartySignerDateField_5ikvJ91]
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(Date) (Date) Client Address/Contact for giving notices: Westwood Address/Contact for giving notices: Westwood Professional Services, Inc. C/O General Counsel 2805 North Dallas Parkway, Suite 150
Plano, Texas 75093
Email: legal@westwoodps.com EXHIBITS: A Scope of Services & Fee Proposal B Compensation & Method of Payment/Fee Schedule C Insurance D Project Schedule
EXHIBIT A to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 2
EXHIBIT ‘A’ – SCOPE OF SERVICES SANITARY SEWER SYSTEM REHAB – WESTERN SECTION PROJECT DESCRIPTION: The project site is located within the City of Nederland, Jefferson County, Texas. The western section of the sanitary sewer system, as identified in the provided Sanitary Sewer System Study prepared by Schaumburg & Polk, Inc. in April 2025, is defined approximately to the limits of the system that is located northwest of 27th Street, west of Hardy Avenue, north of Highway 96, and east of Seattle Avenue, shown in Exhibit A1. The
project consists of visiting the site with City staff to review ground conditions at the repair locations, televising the sanitary sewer system to identify locations of necessary rehabilitation, preparing engineering drawings of repair locations and line replacements,
specifying the repair method, providing bidding and construction phase services. For more expeditious completion of the overall project we propose two phases of design and construction. Phase 1 consists of televising, engineering design, bidding, and construction of approximately 6,600 LF of main line and fifteen (15) manholes rehabilitation or replacement as shown in Exhibit A1. Phase 2 consists of televising, engineering design, bidding, and construction of approximately 78,800 LF of the remaining smaller lines and nineteen (19) manholes rehabilitation or replacement. The manholes will not be televised as the SPI report states a recent detailed inspection report is available with GIS map. This proposal assumes all line rehabilitation or replacement can be done with CIPP or other trenchless method. Should a portion of the project require more detailed design, Westwood reserves the right to submit a proposal for time and materials for the additional work to be negotiated with the City at that time. BASIC SERVICES: A. Project Management, Coordination & Permitting
1. Manage the Team:
Lead, manage and direct design team activities.
Ensure quality control is practiced in performance of the work. Communicate internally among team members.
Allocate team resources. 2. Communications and Reporting:
Attend a pre-design project kickoff meeting with Client staff to confirm and clarify scope, understand Client objectives, and ensure economical and functional designs that meet Client requirements.
Conduct review meetings with the Client at the end of each design phase.
EXHIBIT A to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 3
Prepare and submit monthly invoices in the format acceptable to the Client.
Prepare and submit monthly progress reports. Prepare and submit baseline Project Schedule initially and Project Schedule updates.
Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design.
With respect to coordination with permitting authorities, Westwood shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. Westwood shall work with regulatory authorities to obtain approval of the designs and make changes necessary to meet their requirements.
3. Data Acquisition Coordinate with City staff for:
Existing reports, plans, maps, etc., for use in engineering design.
Initial site visit.
Review of televising survey for repair locations to identify potential
problem areas and visit site with City staff to devise repair approach. 4. Permit Coordination:
Westwood will provide coordination with the review agencies as necessary for Permitting of the proposed infrastructure construction. Included in this item are:
Coordination of submittal of Application for Permit.
Research and provide appropriate design specifications.
Coordination for final plan approval. Up to three (3) coordination meetings, if required.
Application and Permitting fees and special insurance premiums are not included. B. Cleaning & Televising Sanitary Sewer Lines
Westwood will subcontract with a wastewater system evaluation company to clean and televise all proposed sanitary sewer lines. The purpose of the video
is to identify point repair locations that are to be completed before the CIPP procedure. Westwood will review the video with City staff and visit the site to look at point repair locations to agree on repair approach. The following conditions apply to the video process:
1. MECHANICAL CLEANING IS NOT INCLUDED IN THE CLEAN AND TV PRICING. WATER
JETTING IS USED TO REMOVE LOOSE DEBRIS.
2. IF CITY REQUIRES CLEANING WATER TO BE METERED, CITY SHALL PROVIDE TWO
METERS, ONE FOR EACH CREW. WATER SOURCE ASSUMED FROM CITY FIRE HYDRANT.
EXHIBIT A to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 4
Access and Notification. For access to manholes in backlot easements, Westwood’s cleaning and televising subcontractor will notify homeowners 24
– 48 hours in advance of entering their backyards. This will include instructions to keep dogs in the house and leave the gate unlocked if not at home. At the time of entrance, the subcontractor will knock on the door to discuss the work
with the homeowner. They will not enter the yard if not authorized by the homeowner. Westwood will discuss such cases with the City. If the hanger has been removed and the gate is unlocked with no dogs, Sub will enter to access the manhole. The construction contract will include final video confirmation of successful line installation. C. Engineering Design
This proposal’s scope and fee are based on the assumption that all line replacements can be done with CIPP or another trenchless method. Should a portion of the project require more detailed design, Westwood reserves the right to submit a proposal for time and materials for the additional work to be negotiated with the City at that time.
Engineering drawings are anticipated to include:
Cover w/Index
Notes
Overall Plan
Plan View of Repairs by Street
Traffic Control
Details
1. 60% Drawings and Specifications
60% plan set w/meeting for City review on repair concept
Preliminary opinion of probable construction cost (OPCC) Deliverables: Submit all deliverables electronically, hard copies are available upon request. 2. 90% Drawings and Specifications
90% plan set
Revise specifications per initial review
Estimated construction schedule
Updated opinion of probable construction cost (OPCC)
Address review comments and submit a Comment Response letter.
Deliverables: Submit all deliverables electronically, hard copies are available upon request.
EXHIBIT A to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 5
3. Bid Ready Drawings and Specifications
Final sealed plan set
Final specifications Updated construction schedule
Final OPCC and Bid Form
Address review comments and submit a Comment Response letter.
Deliverables: Submit all deliverables electronically, hard copies are available upon request. D. Bid Phase Services 1. Bid Advertisement:
Westwood will prepare and submit to Client a draft Bid Advertisement for publishing by the Client should the project warrant a public bid. 2. Bid Document Distribution:
Based on the OPCC Westwood shall determine if the project requires a public bid. If a public bid is not required Westwood shall endeavor to obtain three construction cost estimates.
Should the construction cost estimate require a public bid, Westwood shall make construction plans and contract bid documents available to
bidders on CIVCAST. 3. Bidder Assistance:
Westwood will develop and implement procedures for receiving and answering bidders’ questions and requests for additional information via CIVCAST. The procedures will include a log of all significant bidders’ questions and requests, and the response thereto. Westwood will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders’ questions and requests, in the form of addenda.
Attend the pre-bid conference in support of the Client.
Attend the bid opening in support of the Client. 4. Bid Analysis and Recommendation of Award: Westwood will tabulate and review all bids received for the construction project, assist the Client in evaluating bids, and recommend award of the contract.
Westwood will assist the Client in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers.
Westwood will make a recommendation of award to the Client. 5. Conformed Construction Documents:
Upon award of a contract by the Client, Westwood shall assist with the
execution, assembly and distribution of the construction contract documents for the Project.
EXHIBIT A to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 6
E. Construction Phase Services 1. Preconstruction Conference:
Westwood will attend the preconstruction conference.
2. Site Visits:
Westwood shall visit the project site at appropriate intervals as construction proceeds to observe and report on progress. It is estimated that one (1) visit per month will be made by Westwood. Including the pre-construction meeting and unscheduled necessary visits, budget is allotted for a total of five (5) visits for Phase 1 and fifteen (15) visits for Phase 2.
3. Shop Drawings:
Westwood will review shop drawings submitted by the contractor for compliance with design concepts. 4. Instructions to Contractor:
The Engineer shall provide necessary interpretations and clarifications
of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the Client. 5. Contractor’s Payment Estimates:
The Engineer will review monthly and final estimates for payments to contractors. The payment estimates shall include appropriate certifications. 6. Final Inspection:
The Engineer will attend final inspection of the Project with representatives of the Client and the construction contractor. The construction contract will include final video confirmation of successful line installation. 7. Record Drawings:
Prepare construction “Record Drawings” based upon mark-ups and information provided by the construction contractor(s). Submit one (1) set of the record drawings (with “record drawing stamp” bearing the signature of the Engineer and the date) to the Client by link or flash
drive containing PDF images. F. Direct Expenses
Included in this item are usual and customary expenses normally incurred during performance of the services described, including courier delivery charges, printing and reproduction, and mileage.
EXHIBIT A to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 7
Services not included in this contract:
As-built surveys of constructed improvements
Utility coordination meetings and franchise utilities relocation
Reset property corner monumentation disturbed or removed during or after
construction
Required application and permitting fees or special insurance premiums are not included
Environmental Site Assessments
Floodplain studies and permitting
Preliminary and final platting
Zoning change assistance
Traffic and parking studies
Retaining wall design
Design of screening walls, light pole bases, transformer or generator pads, hardscape features, pavers and/or site signage.
Detailed layout of walks and hardscape areas, including scoring patterns.
Design of any underfloor drainage systems or grading.
Design of French drain systems around the building perimeters.
Landscape Plan and Irrigation Plan
Site Lighting Plan
Signage Plan
Off-site roadway, drainage, and utility extensions/improvements
Construction staking
Binding and distributing hard copies of plans and contract documents. Bid
documents will be made available for download on CIVCAST.
EXHIBIT A to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 8
EXHIBIT A1. PROJECT PHASES
END OF EXHIBIT ‘A’
EXHIBIT B to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 9
EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT SANITARY SEWER SYSTEM REHAB – WESTERN SECTION COMPENSATION: For all professional services included in EXHIBIT ‘A’, Scope of Services, the CONSULTANT shall be compensated a lump sum fee of $651,039.00 as summarized below. The total lump sum fee shall be considered full compensation for the services described in EXHIBIT ‘A’, including all labor materials, supplies, and equipment necessary to deliver the services.
Basic Services
SCOPE TASK PHASE 1 PHASE 2 TOTAL
A. Project Management $ 5,360.00 $ 14,960.00 $ 20,320.00
B. Cleaning & Televising $ 27,419.00 $191,180.00 $218,599.00
C. Engineering Design $ 91,240.00 $170,350.00 $261,590.00
D. Bid Phase Services $ 15,740.00 $ 15,740.00 $ 31,480.00
E. Construction Phase Services $ 41,750.00 $ 73,400.00 $115,150.00
F. Direct Expenses $ 1,500.00 $ 2,400.00 $ 3,900.00
TOTAL $183,009.00 $468,030.00 $651,039.00
METHOD OF PAYMENT: The CONSULTANT shall be paid monthly payments as described in Article 3 of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the CONSULTANT. Monthly statements for reimbursable services performed by subconsultants will be based
upon the actual cost to the CONSULTANT plus ten percent (10%). Direct expenses for services such as printing, express mail, fees, mileage and other direct expenses that are incurred during the progress of the project are included as Item F. END OF EXHIBIT ‘B’
EXHIBIT C INSURANCE Westwood shall, during the term of this Agreement, maintain the following insurances: 1. Commercial General Liability (occurrence form not less than):
$2,000,000 General Liability $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal and Advertising Injury
$1,000,000 Each Occurrence $10,000 Medical Expense
2. Commercial Automobile Liability (all scheduled auto, hired and non-owned autos): $1,000,000 Combined Single Limit 3. Umbrella $5,000,000 Aggregate
$5,000,000 Each Occurrence 4. Workers Compensation and Employer’s Liability
$1,000,000 Each Accident $1,000,000 Policy Limit $1,000,000 Each Employee
5. Professional Liability $2,000,000 Per Claim $2,000,000 Aggregate
Professional Liability shall include prior acts coverage sufficient to cover the services performed under this Agreement and shall include limited contractual liability.
EXHIBIT D to Agreement between the City of Nederland, Texas (OWNER)
and Westwood Professional Services (CONSULTANT) for Consulting Services
10/9/2025 Page 11
EXHIBIT D – SCHEDULE SANITARY SEWER SYSTEM REHAB – WESTERN SECTION
Phase 1 Phase 2
Activity
Estimated
Duration
(Weeks)
Estimated
Completion
After NTP
Estimated
Duration
(Weeks)
Estimated
Completion
After NTP
Kick-off Meeting 0 0 0 0
Clean & Televise Lines - Part 1 2 2 2 2
Review Video w/Client - Part 1 2 4 2 4
Clean & Televise Lines - Part 2, Begin Design 2 6 2 6
Review Video w/Client - Part 2 2 8 2 8
Clean & Televise Lines - Part 3 (Phase 2) 2 10
Review Video w/Client - Part 3 (Phase 2) 2 12
Clean & Televise Lines - Part 4 (Phase 2) 2 14
Review Video w/Client - Part 4 (Phase 2) 2 16
Design - 60% Plans 4 12 2 18
City Review - 60% Plans 2 14 2 20
Design - 90% Plans 6 20 6 26
City Review - 90% Plans 2 22 2 28
Design - 100% Plans 4 26 4 32
City Review - 100% Plans 2 28 2 34
Bidding 8 36 8 42
Construction 16 52 52 94
The CONSULTANT is not responsible for delays beyond its control.
*City review period durations are estimates and may change. Construction times are estimated and may vary depending on how the project is contracted or if more than one
crew are working, which is recommended for Phase 2.
END OF EXHIBIT D
October 9, 2025
WPS No.: 0043842.04
Ms. Cheryl Dowden Interim City Manager
CITY OF NEDERLAND
515 Hardy Avenue
P.O. Box 967
Nederland, Texas 77627
Re: Professional Civil and Electrical Engineering Services Nederland Wastewater Treatment Plant Facility Assessment
Nederland, Jefferson County, Texas
Dear Ms. Dowden:
Westwood Professional Services, Inc. is pleased to submit this proposal to provide
professional civil and electrical engineering services relating to the referenced project. It
is our understanding the project consists of conducting a facility assessment for the entire
Wastewater Treatment Plant.
Based on our preliminary discussions and the information received to date, our perception
of the project is described in the attached documents:
General Conditions of Agreement;
Exhibit A – Scope of Services;
Exhibit B – Compensation and Method of Payment;
Exhibit C – Insurance; and
Exhibit D – Schedule
Westwood Professional Services, Inc. is pleased to have this opportunity to
submit this proposal and look forward to working with you on this project. If
the proposed agreement is acceptable to you as presented, please execute one copy of the
agreement form and return one original copy to our office. If you have any questions or
would like any additional information, please do not hesitate to call us at your
convenience.
Sincerely,
Jacob W. Valentien, P.E.
JWV/jmc
Westwood General Conditions of Agreement Page 1 of 13
Rev.2023
General Conditions of Agreement Westwood Professional Services, Inc.
These General Conditions of Agreement for the Nederland Wastewater Treatment Plant Facility
Assessment (the “Project”), together with the attached Exhibits and any amendments hereto, are an
agreement (collectively, the “Agreement”) between City of Nederland (“Client”), a Texas
Governmental Entity, and Westwood Professional Services, Inc. (“Westwood”), a Texas corporation.
Client and Westwood are each a “Party” and collectively, the “Parties” to this Agreement dated October
9, 2025 (the “Effective Date”).
1.01 BASIC AGREEMENT
In exchange for the mutual covenants and promises contained in this Agreement and for good and
valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree that
Westwood shall provide, or cause to be provided, the professional services (the “Services”) set
forth in this Agreement for Client in exchange for payment contemplated herein. In addition,
Westwood shall provide drawings, specifications, plans, designs, work product, and other items
and materials as described in this Agreement (the “Deliverables”).
2.01 SCOPE AND RESPONSIBILITIES
A. Westwood. Westwood shall perform Services for the Project as set forth in the Scope of Services
& Fee Proposal, attached and incorporated by reference herein as Exhibit “A”, in accordance with
the terms of this Agreement. Westwood reserves the right to augment its staff with employees
and/or consultants as it deems appropriate to assist in the performance of Services for the Project
due to Project logistics, scheduling issues, and/or market conditions. The Deliverables and all other
documents, software, data, intellectual property, and other work products created, developed,
produced, delivered, performed, and/or provided by Westwood, whether in hard copy or in
electronic form, are instruments of service (“Instruments of Service”) for this Project, whether
the Project is completed or not.
B. Client. In addition to the other responsibilities described in this Agreement and/or imposed by
law or in equity, Client shall have the following obligations:
1. Provide all information and criteria as to Client’s requirements, objectives, and
expectations for the Project, including all numerical criteria that Client expects
Westwood and its consultants, if any, to meet, including all standards of development,
design, and/or construction.
2. Provide Westwood all previous studies, plans, and/or other documents pertaining to
the Project, including but not limited to the contract with the property owner (the
“Prime Contract”), if any, and all applicable data requested by Westwood.
3. Arrange for reasonable access to the Project site and other private or public property,
including any easements or other authorizations as required for Westwood to provide
the Services.
4. Review all documents and/or oral reports presented by Westwood and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the Services for
the Project.
5. Apply for and furnish applicable approvals, licenses, and/or permits from
governmental authorities having jurisdiction over the Project.
6. Furnish certifications and/or consents from other entities as may be necessary from
time to time and in accordance with Section 10.01.C herein.
Westwood General Conditions of Agreement Page 2 of 13
Rev.2023
7. Be responsible for obtaining from others such independent accounting, legal,
insurance, cost estimating, and overall feasibility services as Client may desire for the
Project.
8. Comply with all applicable safety guidelines at the Project site at its own expense.
9. Give reasonably prompt written notice to Westwood whenever Client becomes aware
of any development that affects the scope, timing, and/or payment of Westwood’s
Services and/or any defect or noncompliance in any aspect of the Project.
10. Bear all costs incidental to the responsibilities of Client under this Agreement.
3.01 ADDITIONAL SERVICES
A. The Parties recognize that the Project scope may change from time to time, and in such an event,
Westwood may furnish services in addition to those set forth in the Scope of Services & Fee
Proposal, if authorized by Client in writing.
B. In such case(s), the Parties shall appropriately and reasonably adjust Westwood’s Services, the
Project Schedule, and compensation for such additional services. Specifically, Client shall pay
Westwood for such additional services an amount equal to the cumulative hours charged to the
Project by each class of Westwood’s employees multiplied by the rates for each applicable billing
class plus reimbursable expenses and Westwood’s consultant charges, if any. Client shall also
adjust the budget and anticipated design and construction milestones, if any, as necessary to
accommodate such changes to the Project Schedule. Additional Services may be documented in a
Project Change Order, a template of which is attached and incorporated by reference herein as
Exhibit “D”.
4.01 PAYMENT PROCEDURES
A. Compensation. Client shall compensate Westwood for its Services as set forth in the Compensation
& Method of Payment/Fee Schedule, attached and incorporated by reference herein as Exhibit
“B”, including any subsequent amendments and/or change orders. Client shall pay Westwood as
follows:
1. Hourly. If the Services are agreed to be on an hourly basis, invoice amounts shall be in
accordance with Westwood’s Fee Schedule in effect at the time when the Services are
performed. Westwood’s standard hourly rates in the Fee Schedule shall be defined as
an amount equal to the cumulative hours charged to the Project by Westwood’s
employees times standard hourly rates for each applicable billing class for all Services
performed on the Project plus reimbursable expenses and Westwood’s consultant
charges, if any. Fee Schedule prices and rates are subject to change.
2. Lump Sum. If the Services are agreed to on a lump sum basis, invoice amounts shall be
an amount equal to the percent of each task’s completion multiplied by the lump sum
of the task plus reimbursable expenses and Westwood’s consultant charges, if any.
Reimbursable expenses are defined as project-related internal expenses to Westwood actually
incurred plus all invoiced external reimbursable expenses allocable to the specific project, the latter
of which is multiplied by a factor of 1.15.
If applicable, when compensation to Westwood includes charges of Westwood’s consultants, those
charges shall be the amounts billed by Westwood’s consultants to Westwood multiplied by a factor
of 1.15. The consultant’s reimbursable expenses and Westwood’s factors include consultant
Westwood General Conditions of Agreement Page 3 of 13 Rev.2023
overhead and profit associated with Westwood’s responsibility for the administration of such services.
Fee estimates are included in the Scope of Services & Fee Proposal. Westwood may alter the distribution of compensation between individual phases of work to be consistent with Services
actually rendered. B. Preparation of Invoices. Westwood will prepare a monthly invoice in accordance with Westwood’s
standard invoicing practices and submit the invoice to Client. C. Payment of Invoices. Invoices are due and payable within thirty (30) days of receipt.
D. Termination or Suspension of Services. If Client fails to make any payment due to Westwood for fees, costs, or expenses within thirty (30) days of receipt of Westwood’s invoice, such failure shall be considered substantial nonperformance and cause for termination in accordance with Section 9.01.B.2.iii of this Agreement. Alternatively, Westwood may suspend Services under this
Agreement until Westwood has been paid in full for all amounts due and after giving seven (7) days advance written notice to Client. In the event of a suspension of Services, Westwood shall have no liability for delay or damage caused because of its suspension of Services. If Westwood
resumes its Services after being paid all amounts due, the Project and Fee Schedules may be equitably adjusted, if necessary.
E. Payment Disputes. Client shall provide written notification to Westwood within fourteen (14) days of receipt of the invoice should Client object to all or any part of the charges appearing on the invoice. Such written notice shall set forth, at a minimum, the specific portion of the invoice
disputed, the amount disputed, and the alleged factual and legal basis for the dispute. The portion of the invoice not in dispute shall be paid by Client within thirty (30) days receipt of said invoice, and the disputed portion shall be resolved in accordance with Section 8.01 herein.
In no event shall Client withhold amounts from Westwood’s compensation to impose a penalty or liquidated damages unless Westwood has been found liable for the amounts in a binding dispute resolution proceeding or lawsuit. Further, Westwood has the right to engage consultants to mitigate its damages, if needed. F. Taxes. Each Party shall be solely responsible for their own tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to this Agreement.
G. Attorney Fees. In the event that Westwood must retain an attorney or collection agency due to Client’s breach of this Agreement and/or to recover amounts due and owing to Westwood,
including any additional services authorized by Client in writing pursuant to Section 3.01, Client shall be liable for all fees, costs, and expenses, including reasonable attorney fees, incurred regardless of whether an action is filed or not.
H. Interest. Interest on any outstanding invoice balance past 30 days shall accrue at the rate of 1.25% per month or the highest rate permitted by law. Payments will be credited first to interest and then
to principal. 5.01 INTELLECTUAL PROPERTY
A. Ownership and License. Upon Westwood’s receipt of full payment for the Deliverables and/or Instruments of Services, Client shall be the owner of all right, title, and interest in and to any and
Westwood General Conditions of Agreement Page 4 of 13 Rev.2023
all Deliverables and/or Instruments of Service. Provide, however, that Westwood shall retain any ownership, copyright, and property interests in its standard systems, sections, details and
specification. B. Reuse. Deliverables and/or Instruments of Service are not intended or represented to be suitable
and are not licensed to Client for reuse, change, or alteration on extensions of the Project or on any other project without the express written permission of Westwood. Any unauthorized use of the Deliverables and/or Instruments of Service will be at the Client’s sole risk without legal exposure
or liability to Westwood. 6.01 GENERAL CONSIDERATIONS A. Standard of Care. The standard of care (“Standard of Care”) for all Services performed or furnished by Westwood under this Agreement will be the care and skill ordinarily used by members of Westwood’s profession practicing under similar circumstances at the same time and in the same locality. Westwood is responsible for the safety of its personnel and employees; however,
Westwood shall not be responsible for overall site safety. Westwood shall perform its Services as expeditiously as is consistent with such professional skill and care and in accordance with the orderly progress of the Project.
B. DISCLAIMER OF WARRANTIES AND GUARANTEES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.01.A ABOVE, WESTWOOD MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO WESTWOOD’S SERVICES UNDER THIS AGREEMENT. WESTWOOD HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THESE SERVICES AND THIS DISCLAIMER EXTEND TO ALL WESTWOOD DELIVERY SERVICES, SOFTWARE, DATA, AND ALL OTHER WESTWOOD WORK PRODUCT AND INTELLECTUAL PROPERTY. FURTHER, WESTWOOD NEITHER GUARANTEES THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING CONTRACTORS, USING THE DELIVERABLES OR SERVICES NOR ASSUMES ANY RESPONSIBILITY FOR ANY THIRD PARTY’S FAILURE TO FURNISH OR PERFORM ANY WORK THAT USES THE DELIVERABLES OR SERVICES.
C. Compliance with Laws. The Parties will apply the Standard of Care identified in Section 6.01.A
and will comply with applicable laws, codes, regulations, and ordinances in effect during the term of this Agreement, which to the best of each Party’s knowledge, information, and belief, apply to each Party’s respective obligations.
D. Right of Entry. Client grants to Westwood, and, if the Project site is not owned by Client, shall obtain permission for, a reasonable right of entry, access, and/or easement from time to time by
Westwood, its employees, agents, and/or consultants upon the Project site for the purpose of providing the Services. Upon written request and approval by Westwood, Westwood may assist Client in obtaining necessary permits and/or licenses related to rights of entry and/or easements in
order for Westwood and Westwood’s consultants, if any, to adequately access and perform Services at the Project site under this Agreement.
E. Underground Data and Investigative Equipment. Client shall advise and provide Westwood with all information and data in its possession concerning the type and location of all underground utilities, both public and private, as applicable. Client recognizes that the use of investigative
Westwood General Conditions of Agreement Page 5 of 13 Rev.2023
equipment and practices may unavoidably alter the existing Project site conditions and affect the environment in the area being studied despite the use of reasonable care. To the extent allowed by
Texas law, Client shall indemnify and hold Westwood harmless from claims for damages caused by reasons of Westwood’s provision of Services under this Section.
F. Reliance on Client-Provided Data. Client shall be responsible for—and Westwood and its consultants, if any, may use and/or rely upon—the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Client or Client’s
consultants, if any, including but not limited to Client’s contractors, manufacturers, and/or suppliers (collectively, “Client-Provided Data”). Westwood may use such Client-Provided Data in performing or furnishing the Services under this Agreement, and Westwood shall coordinate the Services with the work provided by Client and/or Client’s consultants for the Project. G. Corrections. Within 60 days of delivery, if Client reasonably and timely notifies Westwood in writing of a deficiency(ies) with Westwood’s Services, Deliverables, and/or Instruments of Service, Westwood—as Client’s sole and exclusive remedy—shall correct such deficiency(ies) without
additional compensation to Client within 60 days after Westwood’s receipt of Client’s written notice, except to the extent such action is directly attributable to deficiencies in Client-Provided Data. If for any reason Westwood is not able to correct such deficiency(ies) within 60 days after
Westwood’s receipt of Client’s written notice under this Section, Westwood will notify Client and will advise in writing the timeframe needed to correct the deficiency(ies) as expeditiously as possible.
H. Responsibility for Others. Westwood shall not be responsible for the acts, errors, or omissions of any consultant(s), contractor(s), subconsultant(s), subcontractor(s), and/or supplier(s), or of any of
their agents or employees or any other persons (except Westwood’s own employees or those for whom Westwood is legally responsible) furnishing or performing any work or for any decision made on interpretations or clarifications of Deliverables or Instruments of Service without the
consultation and advice of Westwood. I. Non-Construction Phase Work. It is understood and agreed that if Westwood’s Services under this Agreement do not include construction-phase work, and that such work will be provided by Client or others on behalf of Client, then Client assumes all responsibility for interpretation of the Deliverables and/or Instruments of Service for construction observation and/or review. In such instances, if applicable, Client waives any and all claims against Westwood that may be in any way connected thereto. Further, Westwood shall not be required to make exhaustive or continuous on-
site inspections of the Project to check the quality or quantity of the work for construction but will reasonably promptly report to Client known deviations, defects, and/or deficiencies, if any.
J. Hazardous Environmental Conditions. The Parties acknowledge this Agreement does not include any Services related to a hazardous environmental condition. Such conditions include, but are not limited to the presence of, asbestos, polychlorinated byphenyls, petroleum, toxic substances or
waste, and/or radioactive materials (collectively, “Hazardous Environmental Conditions”). If Westwood or any other entity or individual encounters a Hazardous Environmental Condition, Westwood may, at its option and without liability for consequential, liquidated, or any other
damages, suspend performance of Services on the portion of the Project affected thereby until Client (i) retains an appropriate specialist consultant and/or contractor to identify and, as appropriate, abate, remediate, and/or remove the Hazardous Environmental Condition and (ii)
warrants that the site is in full compliance with applicable laws, codes, regulations, and ordinances then in effect, if any. Westwood shall have no responsibility for the discovery, presence, handling,
Westwood General Conditions of Agreement Page 6 of 13 Rev.2023
removal, disposal of, or exposure of persons or property to any such Hazardous Environmental Condition in any form at the Project site.
K. Substitutions. Westwood shall not be responsible for Client’s directive, substitution, or acceptance of non-conforming work at the Project that is made or given without Westwood’s written approval. 7.01 ALLOCATION OF RISKS A. INDEMNITY BY WESTWOOD. TO THE FULLEST EXTENT PERMITTED BY LAW, WESTWOOD SHALL INDEMNIFY AND HOLD HARMLESS (BUT SHALL NOT DEFEND) CLIENT, CLIENT’S OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS FOR COSTS, LOSSES, JUDGEMENTS, OR DAMAGES (INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES RECOVERABLE UNDER APPLICABLE LAW) BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF WESTWOOD OR WESTWOOD’S OFFICERS,
DIRECTORS, PARTNERS, OR EMPLOYEES IN THE PERFORMANCE OF WESTWOOD’S OBLIGATIONS UNDER THIS AGREEMENT. IN NO EVENT SHALL WESTWOOD’S INDEMNITY OBLIGATIONS EXTEND BEYOND ANY APPLICABLE ANTI-INDEMNITY STATUTE OR THE LIMITS OF LIABILITY CONTEMPLATED IN SECTION 7.01.C BELOW. B. INDEMNITY BY CLIENT. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT
SHALL INDEMNIFY AND HOLD HARMLESS (BUT SHALL NOT DEFEND) WESTWOOD, WESTWOOD’S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES,
AND WESTWOOD’S CONSULTANTS, IF ANY, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS FOR COSTS, LOSSES, OR DAMAGES TO THE EXTENT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF CLIENT OR CLIENT'S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR CLIENT'S CONSULTANTS IN THE PERFORMANCE OF CLIENT’S OBLIGATIONS UNDER THIS AGREEMENT. C. LIMITATION OF LIABILITY. 1. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS AGREEMENT TO CLIENT AND WESTWOOD, THE RISKS HAVE BEEN ALLOCATED SUCH THAT CLIENT AGREES, TO THE FULLEST EXTENT OF THE LAW AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE, OF WESTWOOD AND WESTWOOD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONSULTANTS TO CLIENT OR TO ANYONE CLAIMING
BY, THROUGH, OR UNDER CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO THE SERVICES
UNDER THIS AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE, PROFESSIONAL ACTS, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OF WESTWOOD OR WESTWOOD’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONSULTANTS, SHALL NOT EXCEED THE TOTAL COMPENSATION
Westwood General Conditions of Agreement Page 7 of 13 Rev.2023
RECEIVED BY WESTWOOD UNDER THIS AGREEMENT OR $1,000,000.00, WHICHEVER IS GREATER. 2. FURTHER, WESTWOOD’S TOTAL LIABILITY TO CLIENT AND ANYONE CLAIMING BY, THROUGH, OR UNDER CLIENT FOR ANY COST, LOSS, OR DAMAGES CAUSED IN PART BY THE NEGLIGENCE OF WESTWOOD AND IN PART BY THE NEGLIGENCE OF CLIENT OR ANY OTHER NEGLIGENT ENTITY OR INDIVIDUAL SHALL NOT EXCEED THE PERCENTAGE SHARE THAT WESTWOOD’S NEGLIGENCE BEARS TO THE TOTAL NEGLIGENCE AT ISSUE. 3. IT IS INTENDED BY THE PARTIES THAT THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT SHALL NOT SUBJECT WESTWOOD’S INDIVIDUAL SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR EMPLOYEES TO ANY PERSONAL LEGAL EXPOSURE FOR THE RISKS ASSOCIATED WITH WESTWOOD’S SERVICES UNDER THIS AGREEMENT. 4. UNDER NO CIRCUMSTANCES SHALL WESTWOOD BE LIABLE FOR
EXTRA COSTS, DAMAGES, FEES, OR OTHER CONSEQUENCES DUE TO CHANGED CONDITIONS OR FOR THE FAILURE OF OTHER ENTITIES OR INDIVIDUALS TO PERFORM WORK IN ACCORDANCE WITH THE DESIGN PLANS AND SPECIFICATIONS. D. WAIVER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES AGAINST THE OTHER, INCLUDING THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AND INSURERS, ANY AND ALL CLAIMS FOR OR ENTITLEMENT TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, LIQUIDATED, INDIRECT, EXEMPLARY, AND/OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROJECT, THE DELIVERABLES, INSTRUMENTS OF SERVICE, AND/OR EACH PARTY’S OBLIGATIONS UNDER THIS AGREEMENT, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THIS PROHIBITION EXTENDS TO ANY CLAIMS BY CLIENT OR A THIRD PARTY(IES) FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, GOOD WILL, COST OF SUBSTITUTE FACILITIES, GOODS, SERVICES, AND/OR COST OF CAPITAL. 8.01 CLAIMS AND DISPUTES
A. Notice. In addition to the provisions of Section 4.01.F above regarding payment disputes, if any other dispute, controversy, or claim (“Dispute”) should arise between the Parties relating to this Agreement, written notice of the Dispute shall be provided by the aggrieved Party to the other Party
within 14 days of the instance giving rise to the Dispute. B. Informal Dispute Resolution. After written notice of a Dispute, the Parties shall attend an in-person
meeting, or by remote means if mutually agreeable, in the county where the Project is located or at another mutually agreeable venue. Each Party shall designate at least one person with authority to act and bind the company on its behalf to attend the meeting in a good faith effort to resolve the
Dispute and in a timely and cost-effective manner before any further escalation as detailed in this Section.
C. Mediation and Litigation. Should any Dispute fail to resolve during the meeting required under Section 8.01.B, such Dispute shall be submitted to mediation in accordance with the Construction Industry Arbitration Rules and Mediation Procedures of the American Arbitration Association as a
Westwood General Conditions of Agreement Page 8 of 13 Rev.2023
condition precedent to arbitration. The Parties shall agree upon a mediator in the county where the project from which the Dispute arises is located or in another county if mutually agreed in writing
by the Parties. The Parties shall split any mediation fee(s) payable to the mediator to conduct the mediation. The Parties shall each be responsible for and bear their own separate costs and fees for the mediation. Any mediation or civil action by Client must be commenced within one year of the
accrual of the cause of action asserted but in no event later than allowed by applicable statutes. Should mediation fail, the Dispute shall be resolved by litigation to be held in the county where the Project is located or in another county if mutually agreed in writing by the Parties.
D. Subpoenas and Document Production. In the event Westwood is asked or forced through subpoena, deposition, or otherwise to participate in a dispute resolution proceeding between Client and a third-party(ies), including but not limited to providing trial and pre-trial testimony and searching, reviewing, and/or producing documents, Westwood shall recover its costs, fees, and expenses (including its attorney fees) and be compensated for all time spent at the highest rate provided in Exhibit “B”.
E. Prevailing Party. In the event of a Dispute, mediation, arbitration, or litigation related to the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement of its reasonable attorney fees, expenses, and costs in bringing or defending the action. As used herein,
a “Prevailing Party” means the party that is afforded the greater relief (whether affirmatively or by means of a successful defense) with respect to the totality of claims, including counterclaims and crossclaims, if any, and having the greatest value or importance as determined by the court,
mediator, or arbitrator(s) allowing for all of the claims and defenses asserted. In claims for money damages, the total amount of recoverable attorney fees, expenses, and costs shall not exceed the net monetary award or judgment of the prevailing party.
F. Consolidation/Joinder. The Parties agree to consolidation and/or joinder with another pending dispute resolution proceeding, if any, to the extent such consolidation and/or joinder (i)
substantially involves common questions of law or fact; (ii) is in the interest of justice or is otherwise necessary to afford complete relief to the Parties hereto; and (iii) is permitted by the judge, arbitrator, mediator, or other decision maker in the other dispute resolution proceeding. The Parties consent to consolidation and/or joinder under this Section even if the other dispute resolution proceeding is in a venue not provided for in this Agreement and/or otherwise is not selected by the Parties hereto. G. Performance. Client shall continue its payment obligations in accordance with this Agreement
during the pendency of any dispute resolution proceedings, including informal dispute resolution, mediation, arbitration, and/or litigation.
9.01 TERM AND TERMINATION A. Term. This Agreement shall commence on the Effective Date and remain in full force and effect for
a period of one (1) year after Westwood’s completion of Services. This Agreement may be renewed by mutual written agreement of the Parties.
B. Termination. This Agreement may be terminated: 1. By either Party upon 30 days written notice in the event of failure by the other Party to
perform in accordance with the Agreement’s terms through no fault of the terminating party.
Westwood General Conditions of Agreement Page 9 of 13 Rev.2023
Notwithstanding the foregoing, this Agreement will not terminate as a result of a failure to perform in accordance with the Agreement if the Party receiving a notice of failure
to perform begins within seven (7) days of receipt of such notice to correct its failure and proceeds diligently to cure such failure within 30 days of receipt of said notice; provided, however, that if and to the extent such failure cannot be reasonably cured
within such 30 day period, and if such Party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of
the notice. 2. By Westwood: i. Upon seven (7) days written notice if Westwood believes that Westwood is being requested by Client to furnish or perform services contrary to Westwood’s responsibilities as a licensed professional; ii. Upon seven (7) days written notice if Westwood’s Services for the Project
are delayed or suspended for more than 90 days for reasons beyond Westwood’s control; or iii. Upon seven (7) days written notice if Client fails to make any payment due
to Westwood in accordance with this Agreement. Westwood shall have no liability to Client as a result of such termination in this
Section. 3. In the event of a termination of this Agreement, the terminating Party may set the
effective date of termination at a time up to 30 days later than would otherwise be provided to allow Westwood time to demobilize personnel and equipment from the Project site; to complete tasks providing value that would otherwise be lost; to prepare
notes as to the status of completed and uncompleted tasks; and/or to assemble Project materials in orderly files. Westwood shall be compensated for the time required to complete such tasks. 10.01 MISCELLANEOUS PROVISIONS A. Insurance. Westwood shall maintain insurances during the term of this Agreement as indicated in Exhibit “C”, attached and incorporated by reference herein.
B. Independent Contractor. Nothing contained in this Agreement shall be construed to mean that Westwood and Client are engaging in an employer/employee relationship, joint venture, agency,
fiduciary relationship, or partnership. The Parties shall at all times be and remain independent contractors of one another. Except as expressly agreed by the Parties in writing, neither Party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or
to make any representation or warranty, on behalf of the other Party or to bind the other Party in any respect whatsoever. Neither Party shall have any obligation or duty to the other Party except as expressly and specifically set forth herein, and no such obligation or duty shall be implied by or
inferred from this Agreement or the conduct of the Parties hereunder. C. Successors and Assigns. The Parties and the partners, successors, executors, administrators, and
legal representatives of each Party are each hereby bound to the other Party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other Party, in respect of all covenants, agreements, and obligations of this Agreement.
Westwood General Conditions of Agreement Page 10 of 13 Rev.2023
Neither Party may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) under this Agreement without the written
consent of the other. D. No Third-Party Rights. This Agreement shall not create any rights or benefits to entities other than
to Client and Westwood, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of Client and Westwood. No third party shall have the right to rely on Westwood’s Deliverables, Instruments of Service, or opinions rendered in connection with the
Services without the written consent of Westwood and the third party’s agreement to be bound to the same conditions and limitations as Client. E. Force Majeure. An event of force majeure (“Force Majeure”) occurs when an event beyond the control of the Party claiming Force Majeure prevents such Party from fulfilling its obligations under this Agreement. An event of Force Majeure includes, without limitation, floods, hurricanes and other adverse weather conditions, war, riot, civil disorder, acts of terrorism, disease, epidemic, pandemic, strikes and labor disputes, actions or inactions of government or other authorities, law
enforcement actions, curfews, closure of transportation systems or other unusual travel difficulties, or the inability to provide a safe working environment.
In the event of a Force Majeure, the obligations of Westwood to perform Services shall be suspended for the duration of the event of Force Majeure. In such event, Westwood shall be compensated for time expended and expenses incurred during the event of Force Majeure, and the
Project Schedule shall be equitably extended by a like number of days as the event of Force Majeure.
If Services are suspended for 30 days or more, Westwood may, in its sole discretion and upon five (5) days prior written notice, terminate this Agreement, the amendments hereto, if any, the affected change order(s), if any, or any of the above. In the case of such termination, and in addition to the
compensation and time extension set forth above, Westwood shall be compensated for all reasonable termination expenses. F. Choice of Law. This Agreement and any disputes arising out of or relating hereto and/or to this Agreement, its formation, and/or the Exhibits hereto shall be governed by the laws of the State of Texas.
G. Survivability. Sections 5.01, 6.01.A-B, 7.01, and 8.01 included in this Agreement shall survive this
Agreement’s completion or termination for any reason. H. Invalidity. Any provision or part of this Agreement held to be invalid, void, or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Parties. To the fullest extent permitted by law, the stricken portion shall be revised to the extent necessary to make that provision legal and enforceable and shall give effect
to the Parties’ intentions and purposes in executing this Agreement. I. Conflicting Provisions. In the event the terms of these General Conditions conflict with the
Agreement Exhibits, the Prime Contract, or any other applicable agreement, these General Conditions as between Client and Westwood shall govern unless the Parties expressly agree in writing otherwise.
J. Notices. Any notice, request, demand, or other communication required or permitted hereunder shall be in writing, shall reference this Agreement, and shall be deemed to be properly given (i)
Westwood General Conditions of Agreement Page 11 of 13 Rev.2023
when delivered personally; by registered or certified mail, return receipt requested, postage prepaid; or by UPS/FedEx express courier service or (ii) when sent by e-mail with receipt confirmation
requested, provided, that a hard copy of such notice shall also be sent in accordance with the methods described in clause (i) of this Section within two (2) business days of such email. All notices shall be sent to the address set forth on the signature page of this Agreement or to such other address or
person as may be designated by a Party in writing to the other Party pursuant to this Section. K. Total Agreement. This Agreement constitutes the entire Agreement between the Parties and
supersedes all prior written or oral understandings regarding this subject. This Agreement may only be amended, supplemented, superseded, or modified by a mutually executed written instrument by both Parties. No waiver of any condition or of the breach of any term of this Agreement shall be deemed to be a further or continuing waiver of any such condition or of the breach of any term of this Agreement. L. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be one and the same instrument.
[Remainder of Page Left Intentionally Blank; Signature Page Follows]
Westwood General Conditions of Agreement Page 12 of 13 Rev.2023
The Parties hereto have executed this Agreement as of the Effective Date first indicated above.
CLIENT: City of Nederland WESTWOOD: Westwood Professional Services, Inc.
[counterpartySignerSignature_eXhXPHM]
[westwoodSignerSignature_eeC70NE]
(Signature) (Signature)
[counterpartySignerName_EHGcqul] [westwoodSignerName_0Mat3my]
(Name – Printed) (Name – Printed) [counterpartySignerTextField_11H9suA||22]
[westwoodSignerTitle_CYrC3Gf]
(Title) (Title) [counterpartySignerDateField_5ikvJ91]
[westwoodSignerDateField_f1dHRru]
(Date) (Date)
Client Address/Contact for giving notices: Westwood Address/Contact for giving notices:
Westwood Professional Services, Inc. C/O General Counsel 2805 North Dallas Parkway, Suite 150 Plano, Texas 75093
Email: legal@westwoodps.com EXHIBITS: A Scope of Services & Fee Proposal B Compensation & Method of Payment/Fee Schedule C Insurance D Schedule
EXHIBIT A to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 2
0043842.04
EXHIBIT ‘A’ – SCOPE OF SERVICES
NEDERLAND WASTEWATER TREATMENT PLANT FACILITY ASSESSMENT
PROJECT DESCRIPTION:
The facility assessment will consist of a facility tour with Operations staff to discuss current
operations and conditions. The task will consist of preparing a facility assessment documenting
existing conditions accompanied by recommendations for rehabilitation or improvements. The
recommendations for work will be accompanied by preliminary estimates of construction costs
and a schedule for potential implementation.
This scope consists of basic services and specific services are listed below.
Wastewater Treatment Plant Facility Assessment
BASIC SERVICES
Westwood will utilize information gathered from site visit along with record drawings provided
by Operator and information provided by Operator to prepare the facility assessment.
A. Wastewater Treatment Plant Facility Assessment
1. Westwood will utilize information gathered from site visit of the Wastewater
Treatment Plant facility to conduct a facility assessment. This facility
assessment will include a review of the existing facility operations & conditions,
existing capacity, and existing performance of the Wastewater Treatment Plant
facility to determine any necessary recommendations to ensure permit
compliance, sufficient treatment capacity, equipment and operational service
life, and sufficient performance of the facility. Westwood will prepare the
following items under this task:
Subcontracting with electrical engineers for applicable scope;
Conduct site visit and tour of existing Wastewater Treatment Plant;
Evaluation of existing Wastewater Treatment Plant for existing operations
and conditions;
Prepare a facility assessment document with photos of existing conditions
and any necessary recommendations for improvements;
Prepare cost estimate(s) for recommended work to be completed along
with a proposed schedule for implementation.
Not included with this item:
Permit amendments (major or minor)
Facility civil, mechanical, structural, or electrical design;
Topographics and boundary survey for existing site;
Geotechnical investigation;
Bidding or Construction phase services
EXHIBIT A to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 3
0043842.04
Services not included in this contract:
Preparing applications and supporting documents for grants, loans, or planning
advances for providing data for detailed applications, or providing assistance with any specific efforts to secure funding.
Meetings, conversations, and coordination with regulatory and other relevant agencies regarding funding opportunities for the Project.
Appearing before the Texas Commission on Environmental Quality or other regulatory
agencies.
Full-time construction inspection services
As-built surveys of constructed improvements
Public hearings or City Council meetings
Fees for advertising, design review, application or permitting, special insurance
premiums
Environmental Site Assessments
Geotechnical Engineering
Storm Water Pollution Prevention Plans (SWPPP)
Floodplain studies and permitting
Boundary and topographic surveying except where included in Scope above
Site Lighting Plan
Construction Materials Testing services
Construction staking
END OF EXHIBIT ‘A’
EXHIBIT B to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 4
0043842.04
EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT
NEDERLAND WASTEWATER TREATMENT PLANT FACILITY ASSESSMENT
COMPENSATION:
For all professional services included in EXHIBIT ‘A’, Scope of Services, Westwood shall
be compensated a lump sum fee of $73,900.00 as summarized below. The total lump sum
fee shall be considered full compensation for the services described in EXHIBIT ‘A’,
including all labor materials, supplies, and equipment necessary to deliver the services.
Basic Services
A. Wastewater Treatment Plant Facility Assessment $73,900.00 Basic Services Design Fee $71,400.00
Basic Services Direct Expenses $2,500.00
GRAND TOTAL $73,900.00
METHOD OF PAYMENT:
Westwood shall be paid monthly payments as described in Article 3 of the AGREEMENT. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of
Westwood.
Direct expenses for services such as printing, express mail, mileage and other direct
expenses incurred during the progress of the project are included in the Direct Expenses
line and will not be invoiced separately.
END OF EXHIBIT ‘B’
Project No.: 0043842.04Client: City of Nederland
Project Title: Wastewater Plant Facility Assessment
TOTAL TOTAL
MH'S FEEPER PER$260.00 $200.00 $170.00 $85.00 $145.00 $100.00 $135.00 TASK TASK
$71,400.00
18.0 18.0 36.0 $7,740.000.0 $15,000.0012.0 40.0 52.0 $9,920.00
4.0 18.0 22.0 $4,100.0032.0 80.0 112.0 $21,920.005.0 10.0 15.0 $3,000.00
2.0 6.0 4.0 12.0 $1,940.004.0 4.0 8.0 $1,720.008.0 16.0 4.0 28.0 $5,200.00
2.0 2.0 4.0 $860.00
87.0 194.0 8.0
87.00 0.00 194.00 0.00 0.00 8.00 0.00 289.00 $71,400.002,500.00 0.00 0.00 0.00 0.00 0.00 0.00 $2,500.0030% 0% 67% 0% 0% 3% 0% 100%$73,900.00
SUMMARY
$71,400.00$2,500.00
TOTAL BASIC SERVICES $73,900.00
$73,900.00
TOTAL BASIC SERVICES DESIGN FEE
BASIC SERVICES DESIGN FEE BASIC SERVICES DIRECT EXPENSES
EXPENSE % of Total Hours
HOURS SUB-TOTALS
Updates to Assessment per Operations MeetingVirtuall Review of Assessment with Operations
Virtual Final Presentation to City
Westwood Professional Services
MANHOURS BY CLASSIFICATION
PM V Engineer I
Graduate Engineer II Intern I Engineering Tech II / CAD Tech II Admin II Construction Observer II
DESCRIPTION OF WORK TASK
TOTAL DESIGN FEE
Electrical SubconsultantSite Tour
Project Management, Coordination & Permitting
Photo Review & Documentation
Draft Report SetupCost EstimatesCIP
Compilation of Assessement
EXHIBIT C INSURANCE Westwood shall, during the term of this Agreement, maintain the following insurances:
1. Commercial General Liability (occurrence form not less than): $2,000,000 General Liability $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $10,000 Medical Expense
2. Commercial Automobile Liability (all scheduled auto, hired and non-owned autos): $1,000,000 Combined Single Limit 3. Umbrella $5,000,000 Aggregate $5,000,000 Each Occurrence 4. Workers Compensation and Employer’s Liability
$1,000,000 Each Accident $1,000,000 Policy Limit $1,000,000 Each Employee
5. Professional Liability $2,000,000 Per Claim
$2,000,000 Aggregate Professional Liability shall include prior acts coverage sufficient to cover the services performed under this Agreement and shall include limited contractual liability.
EXHIBIT D to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 6
0043842.04
EXHIBIT ‘D’ – SCHEDULE
NEDERLAND WASTEWATER TREATMENT PLANT FACILITY ASSESSMENT
Westwood is not responsible for delays beyond its control. A preliminary detailed
schedule is attached.
END OF EXHIBIT ‘D’
ID Task Mode Task Name % Complete Duration Start Finish
1 Wastewater Plant Facility Assessment 0%136 days Thu 1/1/26 Thu 7/9/26
2 Project Kickoff 0%1 day Thu 1/1/26 Thu 1/1/26
3 Review of Photos Taken from Site Visit 0%5 days Fri 1/2/26 Thu 1/8/26
4 Review of Records provided from Operations 0%10 days Fri 1/2/26 Thu 1/15/26
5 Initial Development of Report 0%30 days Fri 1/9/26 Thu 2/19/26
6 Coordination with Electrical Subconsultant 0%30 days Fri 1/9/26 Thu 2/19/26
7 Initial Development of Project List 0%15 days Fri 2/20/26 Thu 3/12/26
8 Internal QA/QC 0%3 days Fri 3/13/26 Tue 3/17/26
9 Review of Preliminary Report & Project List with City 0%0 days Tue 3/17/26 Tue 3/17/26
10 Updates to Report from City Feedback 0%20 days Wed 3/18/26 Tue 4/14/26
11 Updates to Project List from City Feedback 0%20 days Wed 3/18/26 Tue 4/14/26
12 Cost Estimates 0%45 days Wed 3/18/26 Tue 5/19/26
13 CIP Development 0%15 days Wed 4/29/26 Tue 5/19/26
14 Internal QA/QC 0%1 day Wed 5/20/26 Wed 5/20/26
15 Compilation of Facility Assessment Draft 0%1 day Thu 5/21/26 Thu 5/21/26
16 Submit Draft Facility Assessment to City 0%0 days Thu 5/21/26 Thu 5/21/26
17 City Review of Facility Assessment 0%20 days Fri 5/22/26 Thu 6/18/26
18 Review Meeting with City 0%0 days Thu 6/18/26 Thu 6/18/26
19 Updates per City Feedback 0%15 days Fri 6/19/26 Thu 7/9/26
20 Submit Final Facility Assessment to City 0%0 days Thu 7/9/26 Thu 7/9/26
3/17
5/21
6/18
7/9
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Baseline
Baseline Milestone
Baseline Summary
Progress
Manual Progress
Page 1
Project: City of Nederland Wastewater Treatment Plant Facility Assessment
Date: Wed 10/8/25
The project start date is
contingent upon NTP
5:00 p.m.
1. MEETING
CITY OF NEDERLAND
PLANNING AND ZONING COMMISSION
PUBLIC HEARING MINUTES
September 16, 2025
The meeting was held Tuesday, September 15, 2025, at the City of Nederland D. Bob
Henson Office Building, 1903 Atlanta Avenue, Nederland, Texas and was called to
order at 5: 10 p.m. by Chairman Scott Watjus.
MEMBERS PRESENT: Scott Watjus, Michael Bordelon, Alex Rupp, and Dylan
Fairley
MEMBERS ABSENT: Lance Howell
CITY STAFF PRESENT: George Wheeler, Chief Building Official, Jacob Pitts,
Assistant Building Official, and Stacy Pinner, Inspections
Department Secretary
OTHERS PRESENT: Pastor Wesley Jackson, James Corkran, Greg Corkran,
Jolei Shipley, Keith Bass and Jacquelyn Toups
2.REZONE
Discussion on a request from Nederland AC, Inc. to consider the rezoning the rear
portions of the split zoned lots from R-2 duplex residential to C-2 neighborhood retail
commercial being 149.92 ft of 1308 S 27th Lt. 6 Blk. 4 Tr. 1, 89.39 ft of 1308 S 27th
Lot 5 Blk, 4 Tr. 2, 72 ft of 1308 S 27th Rear Lt. 5 Blk. 4 Tr. 5 and 183.40 ft of 1216 S
27th Lt. 5 Blk. 4 Tr. 3 all of Hillcrest 2nd Acres. The requesting applicant was present
to speak on behalf of his request. Mr. Wheeler explained that the church will be
constructing a new worship center, and the majority of the building will be in the C-2
zone but some of the structure will be in the R2 zone. Mr. Wheeler stated that he sent
the meeting notice to all properties located within two hundred (200) ft of the
requesting location. There were no attendees within the 200ft present at the meeting.
Three citizens from at large were in attendance. The commission gave the attendees
the floor to speak. The attendees voiced their concerns stating that rezoning the lots
could in the future allow for commercial properties to be built near residential areas.
Whereas a specific use permit would allow the church to build the worship center
with specific conditions attached to the current requested permit and require all future
requested permits to follow this same process. This could be done without rezoning
the lots. Mr. Jackson from the church stated they would rather request the rezoning to
be able to use their property without being tied down to the specific use requirement
since 350ft feet of their property is already zoned commercial.
3. ADJOURN
There being no other comments Chairman, Scott Watjus adjourned the Public
Hearing at 5:36 p.m.
5:15 p.m.
1. MEETING
CITY OF NEDERLAND
PLANNING AND ZONING COMMISSIO~
MINUTES
September 16, 2025
The meeting was held Tuesday, September 16, 2025, at the City of Nederland D. Bob
Henson Office Building, 1903 Atlanta Avenue, Nederland, Texas and was called to
order at 5:36 p.m. by Chairman Scott Watjus.
MEMBERS PRESENT: Scott Watjus, Michael Bordelon, Alex Rupp, and Dylan
Fairley
MEMBERS ABSENT: Lance Howell
CITY STAFF PRESENT: George Wheeler, Chief Building Official, Jacob Pitts,
Assistant Building Official, and Stacy Pinner, Inspections
Department Secretary
OTHERS PRESENT: Pastor Wesley Jackson, James Corkran, Greg Corkran, Jolei
Shipley, Keith Bass and Jacquelyn Toups
2. APPROVAL OF MINUTES
A motion was made by Alex Rupp and seconded by Dylan Fairly to approve the
minutes of the July, 8 2025 meeting. All voted aye.
3. REZONE
Discussion on a request from Nederland AC, Inc. to consider the rezoning the rear
portions of the split zoned lots from R-2 duplex residential to C-2 neighborhood retail
commercial being 149.92 ft of 1308 S 27th Lt. 6 Blk. 4 Tr. 1, 89.39 ft of 1308 S 27th
Lot 5 Blk, 4 Tr. 2, 72 ft of 1308 S 27th Rear Lt. 5 Blk. 4 Tr. 5 and 183.40 ft of 1216 S
27th Lt. 5 Blk. 4 Tr. 3 all of Hillcrest 2nd Acres. After a full discussion, Chairman
Scott Watjus called for a motion. A motion was made by Dylan Fairley to approve the
rezoning, but without a second the motion on the floor died.
4. COMMUNICATION
Introduction of new member Michael Bordelon.
5. ADJOURN
There being no other business a motion was made by Alex Rupp and seconded by
Dylan Fairley to adjourn the meeting at 5:56 p.m. All voted aye.
5:00 p.m.
1. MEETING
CITY OF NEDERLAND
PLANNING AND ZONING COMMISSION
MINUTES
October 1, 2025
The meeting was held Wednesday, October 1, 2025 , at the City of Nederland D. Bob
Henson Office Building, 1903 Atlanta A venue, Nederland, Texas and was called to
order at 5:00 p.m. by Chairman Scott Watjus.
MEMBERS PRESENT: Scott Watjus, Alex Rupp, and Dylan Fairley
MEMBERS ABSENT: Lance Howell, Michael Bordelon
CITY STAFF PRESENT: George Wheeler, Chief Building Official, Jacob Pitts,
Assistant Building Official, and Stacy Pinner, Inspections
Department Secretary
OTHERS PRESENT: Pastor Wesley Jackson, James Corkran, Anthony "Blake"
Rashall, Jeffrey Darby, Randy Sonnier, and William Spell
2. APPROVAL OF MINUTES
A motion was made by Alex Rupp and seconded by Dylan Fairly to approve the
minutes of the September 16, 2025 public hearing. All voted aye.
A motion was made by Alex Rupp and seconded by Dylan Fairly to approve the
minutes of the September 16, 2025 meeting. All voted aye.
3. REZONE
Discussion on a request from Nederland AC , Inc. to consider the rezoning the rear
portions of the split zoned lots from R-2 duplex residential to C-2 neighborhood retail
commercial being 149.92 ft of 1308 S 27th Lt. 6 Blk. 4 Tr. 1, 89.39 ft of 1308 S 27th
Lot 5 Blk, 4 Tr. 2, 72 ft of 1308 S 27th Rear Lt. 5 Blk. 4 Tr. 5 and 183.40 ft of 1216 S
27th Lt. 5 Blk. 4 Tr. 3 all of Hillcrest 2nd Acres. After a full discussion, Chairman Scott
Watjus called for a motion. A motion was made by Alex Rupp and seconded by Dylan
Fairley to approve the rezoning. All voted aye.
4. COMMUNICATION
Introduction of new department secretary, Stacy Pinner.
5. ADJOURN
There being no other business a motion was made by Alex Rupp and seconded by
Dylan Fairley to adjourn the meeting at 5:06 p.m. All voted aye.
Scott Watjus, Chairman