11-17-2025 Agenda (full)NEDERLAND CITY COUNCIL
AGENDA
NOTICE is hereby given of a regular meeting of the Nederland City Council to be held Monday,
November 17, 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.
CALL THE MEETING TO ORDER
INVOCATION AND PLEDGES OF ALLEGIANCE
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.
CONSENT AGENDA – All consent agenda items listed are considered to be routine by the
City Council and will be enacted by one motion. There will be no separate discussion of
these items unless a councilmember so requests, in which event the item will be removed
from the Consent agenda and considered separately.
Minutes – November 10, 2025 regular meeting
October 2025 Departmental Reports
Tax Assessor Collection Report – October 2025
Consider action authorizing the closure of 21st Street from Detroit Avenue to Nederland
Avenue, Detroit Avenue from 17th Street to 21st Street, Nederland Ave from 21st Street
to 12th Street, 12th Street from Nederland Avenue to Boston Avenue, and Boston Avenue
from 12th Street to 17th Street on day, December 9 th for the Nederland Chamber of
Commerce’s Annual Lighted Christmas Parade.
REGULAR AGENDA
AGENDA
November 17, 2025
Page 2
NEW BUSINESS
a. Discussion and possible action to approve an engineering agreement with Westwood for
the Wastewater Treatment Plant Facility Assessment project.
b. Discussion and possible action to approve an engineering agreement with Westwood for
the Centrifuge Rehabilitation project.
c. Conduct a Public Hearing for the purpose of receiving comments regarding the City’s
completion and closeout of its Hurricane Harvey Infrastructure Grant.
d. Discussion and possible action to approve Resolution No. 2025-20, authorizing the
Nederland Police Department to participate in the 1033 Program regarding federal assets
to law enforcement.
6. 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 Attorney, pursuant to Section 551.071 of the Texas Government
Code, regarding pending or contemplated litigation, a settlement offer, and/or on a
matter in which the duty of the attorney to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Texas Government Code.
Personnel Matters, pursuant to Section 551.074 of the Texas Government Code, to
deliberate the appointment, employment, evaluation, reassignment, duties, discipline
or dismissal of a public officer or employee, regarding the Interim City Manager.
7. RECONVENE
Reconvene into regular session and discuss and take action, if any, on items discussed in
Executive Session.
8. Discussion and possible action arising out of or related to the selection of an executive
search firm to assist with the recruitment of a City Manager.
9. ADJOURN
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
Joni Underwood, City Clerk
City of Nederland, Texas
AGENDA
November 17, 2025
Page 3
“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”
November 17, 2025 Meeting
ITEM 4. CONSENT AGENDA
All consent agenda items listed are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of the items unless a
councilmember so requests, in which event the item will be removed from the Consent agenda
and considered separately. I would recommend acceptance of all the below-listed items.
a. Attached are the minutes of the November 10, 2025 regular meeting.
b. Attached are the October 2025 Departmental Reports for your review.
c. The 2024-25 total adjusted tax levy is $7,871,046.39 and the amount of collections as of
September 30, 2025 is $7,366,289.09 which represents 93.59% of the total tax levy. The
2024-2025 current year adjusted tax levy is $7,442,555.49 and the amount of collections
as of September 30, 2025 is $7,290,283.39 which represents 97.95% of the current year
tax levy. In comparison to prior year, the amount of property tax collected as of
September 30, 2024 was $7,586,270.28 which represented 94.07% of the total tax levy
and $7,477,777.94 of the current tax levy which represented 97.97%. I recommend
acceptance of the September 2025 Tax Collection Report. The end of year reports for
fiscal year ended September 30, 2025 from the Jefferson County Tax Assessor Collector
are also included.
Total Current Total Current
Adjusted Tax Levy 7,871,046.39 7,442,555.49 8,064,581.81 7,632,777.17
YTD Collections 7,366,289.09 7,290,283.39 7,586,270.28 7,477,777.94
Collections %93.59%97.95%94.07%97.97%
FY 2024-2025 FY 2023-2024
d. The Nederland Chamber of Commerce requests the closure of 21st Street from Detroit
Avenue to Nederland Avenue, Detroit Ave from 17th St. to 21st St., Nederland Ave from
21st St. to 12th St., 12th Street from Nederland Ave to Boston Ave, and Boston Avenue
from 12th St. to 17th St. on Tuesday, December 9th for the Annual Lighted Christmas
Parade. The streets would be closed from 6:00 to 9:00PM. I recommend approval of this
item.
REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF NEDERLAND
5:30 p.m. November 10, 2025
1. MEETING
The meeting was called to order at 5:30 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 and the Pledges of Allegiance were led by Councilmember Randy Sonnier.
3. CITIZEN COMMENTS
There were no citizen comments received.
4. CONSENT AGENDA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate discussion
of these items unless a councilmember so requests, in which event the item will be
removed from the Consent Agenda and considered separately.
A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz to
approve the Consent Agenda Items “a through d” as presented. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
a. Minutes – October 27, 2025 regular meeting and October 17, 2025 special meeting.
b. Discussion and possible action to approve the closure of Boston Avenue between 15th
Street and 17th Street and all intersections on Saturday, December 6th for the “Christmas
on the Avenue” event.
c. Discussion and possible action to approve the closure of South 20th Street between Avenue
A and Avenue B from November 21st through December 31st for Nederland First Baptist
Church’s Christmas activities.
d. Discussion and possible action to approve a request from Nederland Little Dribblers to
utilize the Nederland Recreation Center gymnasium for games and the waiver of
associated fees.
Minutes continued, November 10, 2025
2
5. REGULAR AGENDA
NEW BUSINESS
a. A motion was made by Councilmember Jones and seconded by Mayor Pro Tem Ortiz to
approve a Proclamation recognizing National Nurse Practitioner Week. MOTION
CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
b. A motion was made by Councilmember and seconded by Councilmember to approve a
Proclamation recognizing United States Marine Corps Day. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
c. A motion was made by Councilmember Jones and seconded by Councilmember Duplant
to approve Resolution 2025-17 recognizing Sergeant Chase Romero and Officer Brant
Halfin. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
d. A motion was made by Councilmember Duplant and seconded by Councilmember
Jones to approve the quarterly Hotel Occupancy Tax Fund financial report from the
Nederland Chamber of Commerce. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
e. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to approve the purchase of lighting upgrade for the Nederland Recreation
Center via state approved contract. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
f. A motion was made by Councilmember Sonnier and seconded by Mayor Pro Tem Ortiz
to approve Resolution No. 2025-18 casting votes for candidate(s) for the Board of
Directors of the Jefferson County Central Appraisal District. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
g. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tem Ortiz
to approve Ordinance No. 2025-23, amending the fiscal year 2025-2026 budget.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Minutes continued, November 10, 2025
3
Councilmember Jones questioned why the city was funding $50,000 in mental health
services for the school district rather than the district funding it themselves. Bruce
Mills, Interim City Manager, explained this was a commitment made in December 2024
using ARPA funds that were not ultimately obligated.
h. A motion was made by Councilmember Duplant and seconded by Mayor Pro Tem Ortiz
to approve Resolution No. 2025-19, authorizing account signatories for the City’s
TexPool Investment Account.
MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
i. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to approve payment in the amount of $35,000 to GovWell for inspection
permitting and work order system for Public Works. MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
j. The council discussed a $50,000 payment to Samaritan Counseling Center of Southeast
Texas for the Nederland High School Wellness Screening Program. Councilmembers
expressed concerns about accountability and transparency, wanting to see key
performance indicators and data on students served before approving the expenditure.
A motion was made by Councilmember Jones and seconded by Councilmember
Duplant to postpone ‘Item 5.j - Payment to Samaritan Counseling Center of Southeast
Texas for the Nederland High School Wellness Screening Program’ until the December
8, 2025 council meeting to obtain more detailed information from the school district.
MOTION CARRIED. AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
Jolei Shipley, 8765 Holmes Road, spoke in support of Samaritan Counseling Center and
noted the difficulty in accessing qualified counselors in the region.
Tim Winberg, 912 Circle Drive, a licensed professional counselor who interned at
Samaritan, provided information about insurance limitations for intern services and the
challenges of obtaining required supervised hours.
k. A motion was made by Councilmember Duplant and seconded by Councilmember
Sonnier to approve the reclassification of Cheryl Dowden from Interim City Manager to
Assistant to the City Manager at a grade of 127, step 7 effective November 3, 2025
through November 30, 2025. MOTION CARRIED.
AYES: Mayor Darby, Councilmembers Duplant, Jones, Sonnier, and Ortiz.
NOES: None.
6. EXECUTIVE SESSION
Minutes continued, November 10, 2025
4
The regular meeting was recessed at 6:19 p.m. by Mayor Darby for the purpose of
conducting an Executive Session as authorized by Texas Government Code,
Consultation with Attorney – Texas Government Code, Chapter 551.071, regarding
legal matters, pending of contemplated litigation, a settlement offer, or on matters in
which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551 of the Texas Government Code, including but not limited
to: Cause No. 25DCCV1451; Manuel Villarreal v. The Apostolic Tabernacle of
Texas, Inc., George Wheeler, in his official capacity as Building Official for the
City of Nederland, TX and Terry Morton, in his official capacity as Chief Fire
Official for the City of Nederland, TX.
7. RECONVENE
The regular meeting was reconvened at 6:35 p.m. by Mayor Darby.
8. Mayor Darby announced the Executive Session was held for informational purposes only
and no action is necessary.
9. ADJOURN
There being no further business Mayor Darby adjourned the meeting at 6:36 p.m.
__________________________
Jeffrey P. Darby, Mayor
City of Nederland, Texas
ATTEST:
___________________________
Joni Underwood, City Clerk
City of Nederland, Texas
Rod Carroll
Chief of Police
CITY OF NEDERLAND
POLICE DEPARTMENT
1400 Boston Avenue Nederland, Texas 77627
(409) 722-4965 | (409) 723-1549
https://www.ci.nederland.tx.us/police/
Nederland Police Department
Central Dispatch
Nederland Municipal Court
Departmental Report - October 2025
Prepared by:
Tanna Alderman
November 5, 2025
1
Incidents, Less Sexual Assaults, Juveniles and Mental Commitments
Report Date Nederland Incident Address
UNLESS NOTED OTHERWISE Offenses
1 10/1/2025 00:58 600 BLOCK S 5TH ST DEATH-NATURAL CAUSES
2 10/1/2025 03:17 3200 BLOCK HWY 365 CRIMINAL TRESPASS
3 10/1/2025 08:50 2900 BLOCK HELENA ASSAULT OFFENSIVE TOUCH-FV
4 10/1/2025 20:19 2600 BLOCK HELENA NEDERLAND WARRANTS/WARRANT OTHER AGENCY
5 10/2/2025 19:15 1300 BLOCK S TWIN CITY POSS CS PG 1
6 10/2/2025 20:00 2400 BLOCK NEDERLAND AVE NEDERLAND WARRANTS
7 10/2/2025 21:08 600 BLOCK S 14TH ST ASSAULT
8 10/3/2025 02:41 2700 BLOCK HWY 365 THEFT
9 10/3/2025 14:38 3100 BLOCK HWY 365 THEFT
10 10/3/2025 15:48 3100 BLOCK HAMILTON COURT DEATH-NATURAL CAUSES
11 10/3/2025 18:39 2500 BLOCK NEDERLAND AVE DUTY ON STRIKING UNATTENDED VEHICLE
12 10/3/2025 18:09 2600 BLOCK NEDERLAND AVE PUBLIC INTOXICATION
13 10/3/2025 21:09 1400 BLOCK BOSTON FOUND PROPERTY
14 10/4/2025 14:55 3300 BLOCK AVENUE A CRIMINAL MISCHIEF/EVADNG/
NEDERLAND WARRANTS/WARRANT OTHER AGENCY
15 10/4/2025 23:47 2800 BLOCK HWY 365 DWI
16 10/5/2025 19:57 600 BLOCK N 22ND ST ASSAULT OFFENSIVETOUCH-FAMILY VIOLENCE
17 10/6/2025 01:29 900 BLOCK S 29TH ST NEDERLAND WARRANS/WARRANT OTHER AGENCY
18 10/6/2025 08:36 3000 BLOCK AVENUE G DEATH-NATURAL CAUSES
19 10/6/2025 12:34 2700 BLOCK NEDERLAND AVE NEDERLAND WARRANTS
20 10/6/2025 15:36 3200 BLOCK N TWIN CITY WARRANT OTHER AGENCY
21 10/6/2025 16:35 6400 BLOCK N TWIN CITY-BMT ASSIST OTHER AGENCY
22 10/6/2025 20:15 1500 BLOCK S 27TH ST ASSAULT CAUSES BODILY INJ/THEFT
23 10/6/2025 22:33 1200 BLOCK N HWY 69 DWI/PUBLIC INTOXICATION
24 10/7/2025 02:38 400 BLOCK N 2 ½ ST ASSAULT BY THREAT-FV
DISORDERLY CONDUCT BY LOUD & PROFANE LANG.
25 10/7/2025 06:21 1700 BLOCK CANAL ASSAULT-FV
26 10/7/2025 10:19 700 BLOCK S 2 ½ ST DEATH-NATURAL CAUSES
27 10/7/2025 16:51 1300 BLOCK NEDERLAND AVE ASSAULT AGAINST PUBLIC SERVANT
28 10/8/2025 14:31 7600 BLOCK GULFWAY-PORT ARTHUR ASSIST OTHER AGENCY
29 10/8/2025 16:52 3100 BLOCK MEMPHIS THEFT
30 10/8/2025 17:24 400 BLOCK N 2 ½ ST ASSAULT BY THREAT-FV
31 10/8/2025 20:53 2600 BLOCK AVENUE A NEDERLAND WARRANTS/ASSLT OFFENSIVE TOUCH-
FV
32 10/9/2025 10:05 1000 BLOCK NEDERLAND AVE CRIMINAL MISCHIEF
33 10/9/2025 10:20 1000 BLOCK NEDERLAND AVE PUBLIC INTOXICATION
34 10/9/2025 15:22 1900 BLOCK QUEEN WARRANT OTHER AGENCY
35 10/9/2025 18:33 2800 BLOCK AVENUE H AGGRAVATED ASSAULT W/DEADLY WEAPON
36 10/9/2025 23:00 1000 BLOCK NEDERLAND AVE BURGLARY OF VEHICLE
37 10/10/2025 00:07 2500 BLOCK MAGNOLIA-PORT
NECHES WARRANT OTHER AGENCY
38 10/10/2025 04:08 500 BLOCK N 27TH ST PUBLIC INTOXICATION
39 10/10/2025 06:00 1000 BLOCK N TWIN CITY
EVADING X 2
EVADING W/VEHICLE X 2
AGG ROBBERY X 4
40 10/10/2025 08:00 900 BLOCK N HWY 69 ASSIST OTHER AGENCY
41 10/11/2025 20:44 2300 N HWY 69 DWI
42 10/11/2025 23:03 2900 BLOCK AVENUE G TERRORISTIC THREAT
2
43 10/11/2025 23:39 3400 BLOCK OMAHA ASSAULT CAUSES BODILY INJ-FAMILY VIOLENCE
44 10/12/2025 14:33 2600 BLOCK WINDMILL CRIMINAL MISCHIEF
45 10/12/2025 16:54 1900 BLOCK AVENUE K CRIMINAL MISCHIEF
46 10/12/2025 18:35 NEDERLAND AVE @ HWY 69 ACCIDENT INVOLVING DAMAGE TO VEHICLE
DWI 3RD OR MORE/EVADING USING VEHICLE
47 10/13/2025 07:23 2400 BLOCK NEDERLAND AVE UNAUTHORIZE USE MOTOR VEHICLE
48 10/14/2025 02:20 8600 BLOCK S TWIN CITY DWI
49 10/14/2025 11:08 1200 BLOCK NEDERLAND AVE THEFT
50 10/14/2025 20:32 1100 BLOCK S 15TH ST ASSAULT OFFENSIVE TOUCH-FV
51 10/15/2025 08:19 2000 BLOCK HWY 365 THEFT
52 10/15/2025 14:32 200 BLOCK N 22ND ST HARASSMENT
53 10/15/2025 18:03 3500 BLOCK HWY 365 FAIL TO ID/POSSESSION OF DRUG PARAPHERNALIA
54 10/15/2025 16:03 3500 BLOCK HWY 365 THEFT
55 10/15/2025 21:51 2000 BLOCK AVENUE K ASSAULT CAUSES BODILY INJURY-FV
56 10/16/2025 00:34 600 BLOCK S 15TH ST EVADING ARREST/DETENTION USING VEHICLE
57 10/16/2025 02:19 200 BLOCK N TWIN CITY DWI 2ND
58 10/16/2025 08:48 900 BLOCK S HWY 69 FOUND PROPERTY
59 10/16/2025 15:00 27TH @ AVENUE H PUBLIC INTOXICATION
60 10/16/2025 19:52 800 BLOCK S TWIN CITY ASSAULT OFFENSIVE TOUCH-FV/PUBLIC
INTOXICATION
61 10/16/2025 21:57 1200 BLOCK NEDERLAND AVE WARRANT OTHER AGENCY
62 10/17/2025 10:01 2000 BLOCK HWY 365 THEFT
63 10/17/2025 14:51 100 BLOCK S 5 ½ ST WARRANT OTHER AGENCY
64 10/17/2025 15:59 2200 BLOCK NEDERLAND AVE ACCIDENT INVOLVING DAMAGE TO VEHICLE
65 10/17/2025 22:44 600 BLOCK HARDY AVE DWI
66 10/18/2025 12:04 1100 BLOCK BOSTON AVE FOUND PROPERTY
67 10/19/2025 00:19 1800 BLOCK HELENA AVE INFORMATION
68 10/19/2025 05:10 8200 BLOCK S KILARNEY ASSIST OTHER AGENCY
69 10/19/2025 18:00 1300 BLOCK CHICAGO BURGLARY
70 10/19/2025 23:49 2300 BLOCK AVENUE H FOUND PROPERTY
71 10/20/2025 02:04 2700 BLOCK HWY 365 THEFT/WARRANT OTHER AGENCY X 2
72 10/20/2025 08:53 500 BLOCK S 2 ½ ST FRAUDULENT USE OR POSSESION OF ID. INFO
73 10/20/2025 12:27 2000 BLOCK NEDERLAND AVE ASSAULT CAUSES BODILY INJURY-FV
74 10/20/2025 11:12 2600 BLOCK AVENUE H INFORMATION
75 10/21/2025 01:07 200 BLOCK N TWIN CITY WARRANT OTHER AGENCY
76 10/21/2025 02:22 2700 BLOCK HWY 365 THEFT/WARRANT OTHER AGENCY
77 10/21/2025 12:36 200 BLOCK N 27TH ST THEFT
78 10/21/2025 22:50 1800 BLOCK NEDERLAND AVE WARRANT OTHER AGENCY
79 10/22/2025 01:35 3300 BLOCK PARK DR DWI/UCW
80 10/22/2025 15:46 4900 BLK HWY 73 ASSIST OTHER AGENCY
81 10/23/2025 01:36 3100 BLOCK AVENUE H DOG BITE
82 10/23/2025 12:18 2800 BLOCK HWY 365 THEFT
83 10/23/2025 14:49 2800 BLOCK HWY 365 THEFT
84 10/24/2025 01:28 1500 BLOCK S 27TH ST BURGLARY OF HABITATION
85 10/24/2025 14:03 3100 BLOCK NEDERLAND AVE ASSAULT BY THREAT
86 10/24/2025 15:56 1100 BLOCK LULING ASSAULT OFFENSIVE TOUCH-FV
87 10/24/20205 17:17 2700 BLOCK MEMPHIS INDECENT ASSAULT
88 10/24/2025 23:50 3400 BLOCK OMAHA VIOLATION OF PROTECTIVE ORDER ASSAULT CAUSES BODILY INJURY-FV
89 10/25/2025 00:16 2800 BLOCK AVENUE H ASSAULT CAUSES BODILY INJURY-FV
90 10/25/2025 09:35 200 BLOCK ATLANTA DEATH-NATURAL CAUSES
91 10/25/2025 11:48 100 BLOCK S HWY 69 ILLEGAL DUMPING
3
92 10/26/2025 00:36 200 BLOCK HILLTERRACE ASSAULT OFFENSIVE TOUCH-FV
93 10/26/2025 23:49 1200 BLOCK S 27TH ST NEDERLAND WARRANTS BY NPD
94 10/26/2025 23:54 3100 BLOCK AVENUE H FAIL TO ID/POSSESSION CS PG 1
95 10/27/2025 04:27 2800 BLK HWY 365 THEFT
96 10/27/2025 14:28 600 BLOCK S 33RD ST WARRANT OTHER AGENCY
97 10/27/2025 18:39 600 BLOCK S 16TH ST CRIMINAL MISCHIEF
98 10/27/2025 23:11 800 BLOCK N 21ST ST WARRANT OTHER AGENCY
99 10/27/2025 04:48 2700 BLOCK HWY 365 WARRANT OTHER AGENCY
100 10/28/2025 09:17 7400 BLOCK HOLMES BURGLARY OF A BUILDING
101 10/30/2025 01:09 600 BLOCK N TWIN CITY NEDERLAND WARRANTS
102 10/30/2025 08:11 600 BLOCK N 9TH ST STORED/ABANDONED VEHICLE
103 10/30/2025 21:23 3400 BLOCK NEDERLAND AVE WARRANT OTHER AGENCY
104 10/31/2025 20:45 2600 BLOCK NEDERLANDA VE NEDERLAND WARRANTS
105 10/31/2025 22:44 1100 BLOCK CHICAGO FAIL TO ID/WARRANT OTHER AGENCY
106 10/31/2025 22:45 300 BLOCK N 34TH ST ASSAULT CAUSES BODILY INJURY X 3
THEFT/INTERFERE W/PUBLIC DUTIES
Total Incident Reports for: Juveniles Mental Commitments Sexual Assaults
14 2 0
4
The following chart gives an overview of the most common incident
types reported at Nederland Police Department. Other common
incidents that are not categorized in the chart below include warrant
arrests, found property, information reports, fail to id and evading. You will see the chart has 4 categories and will be updated each month with
the new data.
TRAFFIC:
Minor Accidents: 8
Major Accidents: 7
25 27
11 9
25
28
9
5
20
17
9 8
19 18
8
4
20 22
9
16
21 23
8
4
25 24
3
11
25
47
4
10
22
30
5 4
24
27
3
8
0
5
10
15
20
25
30
35
40
45
50
Persons Crimes Property Crimes Drug Offenses
(Higher than Class C)
DUI Incidents
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
5
Arrests, Less Sexual Assaults, Juveniles and Mental Commitments
Report
Date Arrestee Name AGE
Nederland Arrest Address
UNLESS NOTED
OTHERWISE
Offenses
1 10/1/2025 HURLEY, DONALD 61 3200 BLK HWY 365 CRIMINAL TRESPASS
2 10/1/2025 TAYLOR, MICHAEL 46 2600 BLK HELENA NEDERLANDWARRANTS/
WARRANT OTHER AGENCY
3 10/2/2025 COX, JUSTIN 30 1300 BLK S TWIN CITY POSS CS PG 1
4 10/3/2025 LANDRY, TROY 57 2600 BLK NEDERLAND AVE PUBLIC INTOXICATION
5 10/4/2025 MALLETT, WILLIAM 24 3300 BLK NEDERLAND AVE
CRIMINAL MISCHIEF/EVADING NED WARRANTS/WARRANT OTHER AG.
6 10/5/2025 BENNETTE, PHILLIP 23 2800 BLK HWY 365 DWI
7 10/6/2025 PAYNE, AUTUM 20 900 BLK S 29TH ST NEDERLAND WARRANTS/ WARRANT OTHER AGENCY
8 10/6/2025 TREAT, JEREMIAH 44 2700 BLK NEDERLAND AVE NEDERLAND WARRANTS
9 10/6/2025 TORRES, NATHON 27 10000 BLK HWY 69-PA DWI
10 10/6/2025 TORRES, DAMIAN 25 10000 BLK HWY 69-PA PUBLIC INTOXICATION
11 10/6/2025 JOHNSON, EZEKIEL 29 3200 BLK N TWIN CITY WARRANT OTHER AGENCY
12 10/7/2025 LARUE, JOHN 41 400 BLK N 2 ½ ST DOC BY LOUD & PROFANE LANGUAGE
13 10/8/2025 MILLER, ARMYNE 26 2600 BLK AVENUE A NEDERLAND WARRANTS
14 10/9/2025 LAJUNE, SHAWN 48 1000 BLK NEDERLAND AVE PUBLIC INTOXICATION
15 10/9/2025 DUCOTE, JAKE 46 1900 BLK QUEEN WARRANT OTHER AGENCY
16 10/9/2025 MALKAWI, KHALDOON 47 2500 BLK MAGNOLIA-PN WARRANT OTHER AGENCY
17 10/10/2025 OLIVAREZ, CHRISTIAN 25 500 BLK N 27TH ST PUBLIC INTOXICATION
18 10/10/2025 FONTENETTE, CADEN 17 1100 BLK N TWIN CITY AGGRAVATED ROBBERY
EVADING
19 10/10/2025 3 JUVENILES ~ 1100 BLK N TWIN CITY
AGG ROBBERY X 3 EVADING W/VEHICLE X 2 EVADING X 1
20 10/11/2025 MARTINEZ, ANDREA LEIGH 41 2300 BLK N HWY 69 DWI
21 10/12/2025 LOVITT, JASON ANTHONY 54 3400 BLK OMAHA ASSAULT CBI-FV
22 10/12/2025 HAYNES, CORY ALAN 45 HWY 69 @ 39TH ST -PA
ACCIDENT INVOLVING
DAMAGE TO VEHICLE
DWI 3RD OR MORE
EVADING USING VEHICLE
23 10/13/2025 GRANGER, JUSTIN 40 2300 BLK DETROIT UNAUTHORIZED USE MOTOR VEH
24 10/14/2025 COLLINS-LAVINE, CLIFFORD 37 8600 BLK S TWIN CITY DWI
25 10/14/2025 MANZO, JAKELIN 21 1100 BLK S 15TH ST ASSAULT OFFENSIVE TOUCH-FV
26 10/15/2025 ODAY, STACY 40 3500 BLK HWY 365 POSSESSION DRUG PARAPHERNALIA
27 10/15/2025 MCKINNEY, LASHAWN 31 3500 BLK HWY 365
FAIL TO ID POSSESSION OF DRUG PARAPHERNALIA
28 10/15/2025 ENGERON, MEGAN 25 2100 BLK AVENUE K ASSAULT CAUSES B
29 10/16/2025 SERRANT, MICHAEL 25 600 BLK S 15TH ST EVADING ARREST/DETENTION
USING VEHICLE
30 10/16/2025 CHARLES, CHARLIE JR 75 200 BLK N TWIN CITY DWI 2ND
31 10/16/2025 ZACHARIE, JAVONN 32 500 BLK S 27TH ST PUBLIC INTOXICATION
32 10/16/2025 SHARBENO, EZRA 39 800 BLK S TWIN CITY PUBLIC INTOXICATION
33 10/16/2025 THOMAS, JAMES 29 1200 BLK NEDERLAND AVE WARRANT OTHER AGENCY
34 10/17/2025 ABSHIRE, RANDY LEE 50 2000 BLK HWY 365 THEFT
6
35 10/17/2025 EDWARDS, TIERRA 26 100 BLK S 5 ½ ST WARRANT OTHER AGENCY
36 10/17/2025 RAWLS, KELLI PAIGE 58 600 BLK HARDY DWI
37 10/20/2025 BARIDEAUX, WILLIE 35 2700 BLK HWY 365 THEFT/WARRANT OTHER AGENCY
38 10/20/2025 REED, DANASHA 28 2700 BLK HWY 365 WARRANT OTHER AGENCY
39 10/21/2025 CORMIER, JOSHUA 32 200 BLK TWIN CITY WARRANT OTHER AGENCY
40 10/21/2025 CLARK, JENARRA 55 3100 BLK 365 THEFT/WARRANT OTHER AGENCY
41 10/21/2025 BROUSSARD, CAMERON 33 1800 BLK NEDERLAND AVE WARRANT OTHER AGENCY
42 10/22/2025 HAGEN, GERALD JR 30 3300 BLK PARK DWI/UCW
43 10/24/2025 SEGREST, ERIC JR 34 3700 BLK JIMMY JOHNSON BURGLARY OF HABITATION
44 10/24/2025 LOVITT, JASON 54 3400 BLK OMAHA VIOLATION OF PROTECTIVE ORDER
45 10/26/2025 FOSTER, MATTHEW 29 1200 BLK S 27TH ST NEDERLAND WARRANTS
46 10/27/2025 STEVENSON, MICHAEL 41 3100 BLK AVENUE H FAIL TO ID/POSSESSION CS PG 1
47 10/27/2025 TREAT, JEREMIAH 44 600 BLK S 33RD ST WARRANT OTHER AGENCY
48 10/28/2025 POE, AMBER 39 800 BLK N 21ST ST WARRANT OTHER AGENCY
49 10/28/2025 NELSON, RONIQUE 34 2700 BLK HWY 365 WARRANT OTHER AGENCY
50 10/30/2025 ROLLINS, CLAYTON 43 600 BLK N TWIN CITY NEDERLAND WARRANTS
51 10/30/2025 CABALLERO, ROBERT 42 3400 BLK NEDERLAND AVE WARRANT OTHER AGENCY
52 10/31/2025 MARTIN, KEYANNA 20 2600 BLK AVENUE H NEDERLAND WARRANTS
53 10/31/2025 RAMIREZ, REAGAN 45 1100 BLK CHICAGO FAIL TO ID/WARRANT OTHER AGENCY
54 10/31/2025 THOMAS, EBONY RENELL 38 300 BLK N 34TH ST INTERFERE W/PUBLIC DUTIES
CENTRAL DISPATCH: Month of October
October 2025 911 Inbound 989
Abandoned 115
Total 1,104 Administrative Inbound 3,300
Abandoned 67
Outbound 1,206
Total 4,573
Total 5,677
NEDERLAND PORT NECHES GROVES
TOTAL CALLS
ENTERED
INTO RMS 2046 1119 1337
7
REFERRED TO HIGHER COURT: Month of October
CHARGE: ADULTS: JUVENILE:
Aggravated Assault w/Deadly Weapon 1 Aggravated Kidnapping 1 Aggravated Robbery 3
Assault Against Public Servant 1
Assault - Causes Bodily Injury-Family Violence 2
Burglary of Habitation 1
Criminal Mischief > = $100 < $750 1 Criminal Trespassing 1 DWI BAC > = 0.15 2 Engaging in Organized Criminal Activity 1
Evading Arrest/Detention 1 1
Evading Arrest w/ Motor Vehicle 1 2
Fail to ID Fugitive from Justice 1
Harassment of Public Servant 2 Sexual Assault-Child 1 Theft > = $100 < $750 2 Theft > = $750 < $2500 1
Unauthorize Use Motor Vehicle 1
Unlawfully Carrying Weapon 1
Violation of Protective Order 1
Total 20 9
FILED IN MUNICIPAL COURT OR HANDLED & RELEASED:
CHARGE: ADULTS: JUVENILE:
Consumption/Possession of Alcohol in Park 4 Dog at Large 3
Dog at Large-2nd offense 1
Feeding of Feral/Stray Animals 2
Open Container 1
Possession of Certain Substances 2
Possession of Drug Paraphernalia 4
Possession of Tobacco by Minor 1 Total 18
8
MUNICIPAL COURT HEARINGS: Month of October
DISPOSITION: DEFENDANTS: FINED:
Guilty 55 $18,944.00
Not Guilty (Set for Pretrial) 3
Driver’s Safety Course 6
Did Not Appear (Late Letter) 95
Did Not Appear (Second Attempt) 55
Deferred 39 $9,550.00
Mandatory Deferral (MIP) 0
Dismissed (Compliance) 7
Extensions 0
Reset 10
Bond Forfeiture 13 $8,681.00
Committed to Jail 0
Show Cause Hearing (DNA – Issue CPF Warrant or Notify DPS (jug) 77
Show Cause Hearing (Appeared, Paid to Avoid Jail) 75 $5,365.90
Refer to Juvenile Authority 0
Community Service 4
Nederland Fire-Rescue
Terry L. Morton – Fire Chief / Emergency Management Coordinator
William J. Sparks – Assistant Fire Chief / Fire Inspector
James E. Harvey Jr. – Administrative Assistant
P.O. Box 967 Nederland, Texas 77627
409-723-1531
409-723-1548 Fax
DEPARTMENTAL
CAD #Street Incident Alarm Time Incident Type Description
25-1709NFR S 1 1/2 STRE 10/1/2025 8:32 Assist invalid
25-1710NFR Jackson 10/1/2025 9:03 Assist invalid
25-1711NFR NEDERLAND AVEN 10/1/2025 9:14 Smoke scare, odor of smoke
25-1712NFR S 15TH STRE 10/1/2025 9:16 Medical assist, assist EMS crew
25-1713NFR N 14TH STRE 10/1/2025 10:57 Good intent call, other
25-1714NFR N 18TH 10/1/2025 10:59 Medical assist, assist EMS crew
25-1715NFR N 27TH STRE 10/1/2025 13:50 Emergency medical service incident, other
25-1716NFR N HIGHWAY 69 10/1/2025 14:32 Emergency medical service incident, other
25-1717NFR S 5 1/2 STRE 10/2/2025 6:14 Emergency medical service incident, other
25-1718NFR HELENA AVE 10/2/2025 9:47 Medical assist, assist EMS crew
25-1719NFR LULING AVE 10/2/2025 10:31 Medical assist, assist EMS crew
25-1720NFR HELENA AVE 10/2/2025 13:09 Medical assist, assist EMS crew
25-1721NFR HWY 365 10/2/2025 16:01 Good intent call, other
25-1722NFR S 14TH ST 10/2/2025 21:11 Medical assist, assist EMS crew
25-1723NFR AVENUE H 10/3/2025 8:53 Medical assist, assist EMS crew
25-1724NFR MOORE DRIV 10/3/2025 10:07 Medical assist, assist EMS crew
25-1725NFR N 27TH STRE 10/3/2025 12:06 Medical assist, assist EMS crew
25-1726NFR AVENUE H @ S 9TH 10/3/2025 12:49 Good intent call, other
25-1727NFR S 1 1/2 STRE 10/3/2025 14:33 Assist invalid
25-1728NFR NASHVILLE AVEN 10/3/2025 17:05 Medical assist, assist EMS crew
25-1729NFR NEDERLAND AVEN 10/3/2025 18:32 Medical assist, assist EMS crew
25-1730NFR NEDERLAND AVEN 10/3/2025 23:35 Dumpster or other outside trash receptacle fire
25-1731NFR NEDERLAND AVEN 10/4/2025 4:59 Dumpster or other outside trash receptacle fire
25-1732NFR SPURLOCK RD 10/4/2025 9:48 No incident found on arrival at dispatch address
25-1733NFR S 1 1/2 STRE 10/4/2025 11:44 Assist invalid
25-1734NFR S 2 1/2 STRE 10/4/2025 13:48 Medical assist, assist EMS crew
25-1735NFR 29TH STRE 10/4/2025 22:31 Medical assist, assist EMS crew
25-1736NFR N MEMORIAL 10/5/2025 1:43 Emergency medical service incident, other
25-1737NFR S 5TH 1/2 ST 10/5/2025 10:49 Medical assist, assist EMS crew
25-1738NFR BOSTON AVE 10/5/2025 12:45 Medical assist, assist EMS crew
25-1739NFR 22nd ST 10/5/2025 20:12 Medical assist, assist EMS crew
25-1740NFR BOSTON AVEN 10/5/2025 20:41 Medical assist, assist EMS crew
25-1741NFR S 1ST 1/2 ST 10/5/2025 22:11 Medical assist, assist EMS crew
25-1742NFR S 11TH STRE 10/6/2025 8:40 Medical assist, assist EMS crew
25-1743NFR AVENUE A 10/6/2025 9:08 Medical assist, assist EMS crew
25-1744NFR HIGHWAY 365 10/6/2025 9:14 Medical assist, assist EMS crew
25-1745NFR AVENUE M 10/6/2025 11:48 Natural vegetation fire, other
25-1746NFR S 21ST 10/6/2025 14:02 Assist invalid
25-1747NFR Hilldale 10/6/2025 18:44 Medical assist, assist EMS crew
25-1748NFR S 33RD STRE 10/7/2025 7:25 Medical assist, assist EMS crew
25-1749NFR PINE LANE 10/7/2025 7:40 Medical assist, assist EMS crew
25-1750NFR AVENUE A 10/7/2025 8:19 Medical assist, assist EMS crew
25-1751NFR S 8TH STRE 10/7/2025 10:29 Medical assist, assist EMS crew
25-1752NFR N 17TH STRE 10/7/2025 13:42 Rescue, EMS incident, other
25-1753NFR N 37TH STRE 10/7/2025 14:11 Rescue, EMS incident, other
25-1754NFR AVENUE D 10/7/2025 14:49 Rescue, EMS incident, other
25-1755NFR Helena 10/7/2025 16:27 Rescue, EMS incident, other
25-1756NFR S 1ST 1/2 ST 10/8/2025 9:11 Assist invalid
25-1757NFR 17th ST 10/8/2025 10:38 Assist invalid
25-1758NFR S MEMORIAL HWY 10/8/2025 14:18 Medical assist, assist EMS crew
25-1759NFR TERRY RD 10/8/2025 19:00 Authorized controlled burning
25-1760NFR S 4TH ST 10/8/2025 19:59 Medical assist, assist EMS crew
25-1761NFR Atlanta 10/9/2025 10:05 Good intent call, other
25-1762NFR HIGHWAY 365 10/9/2025 10:10 Alarm system activation, no fire - unintentional
25-1763NFR Swarner DR 10/9/2025 12:23 Unauthorized burning
25-1764NFR Atlanta 10/9/2025 12:38 Medical assist, assist EMS crew
25-1765NFR 7TH STRE 10/9/2025 15:14 Medical assist, assist EMS crew
25-1766NFR S 18TH STRE 10/9/2025 15:43 Alarm system activation, no fire - unintentional
25-1767NFR HWY 69 N 10/10/2025 1:28 Motor vehicle accident with injuries
25-1768NFR NEDERLAND AVEN 10/10/2025 13:49 Rescue, EMS incident, other
25-1769NFR S 1 1/2 STRE 10/10/2025 14:03 Rescue, EMS incident, other
25-1770NFR AVENUE N 10/10/2025 14:11 Rescue, EMS incident, other
25-1771NFR 11TH STRE 10/10/2025 15:18 Rescue, EMS incident, other
25-1772NFR AVENUE A 10/11/2025 10:04 Medical assist, assist EMS crew
25-1773NFR 7th ST 10/11/2025 10:10 Medical assist, assist EMS crew
25-1774NFR AVENUE D 10/11/2025 13:52 Medical assist, assist EMS crew
25-1775NFR HWY 69 N 10/11/2025 19:48 Passenger vehicle fire
25-1776NFR AVENUE A 10/11/2025 20:14 Medical assist, assist EMS crew
25-1777NFR 5TH ST 10/12/2025 1:54 Special outside fire, other
25-1778NFR Memphis AVE 10/12/2025 2:27 No incident found on arrival at dispatch address
25-1779NFR LOUISE DR 10/12/2025 3:02 Medical assist, assist EMS crew
25-1780NFR HELENA AVEN 10/12/2025 9:45 Carbon monoxide incident
25-1781NFR KENT AVEN 10/12/2025 16:37 Medical assist, assist EMS crew
25-1782NFR Jackson 10/12/2025 18:49 Medical assist, assist EMS crew
25-1784NFR NEDERLAND AVE 10/12/2025 19:17 Motor vehicle accident with injuries
25-1783NFR AVENUE N 10/13/2025 5:51 Medical assist, assist EMS crew
25-1785NFR AVENUE N 10/13/2025 10:16 Medical assist, assist EMS crew
25-1786NFR 11th ST 10/13/2025 10:59 Rescue, EMS incident, other
25-1787NFR Jackson 10/13/2025 13:19 Power line down
25-1788NFR NEDERLAND AVEN 10/13/2025 20:49 Rescue, EMS incident, other
25-1789NFR S 6TH STRE 10/14/2025 0:20 Rescue, EMS incident, other
25-1790NFR AVENUE F 10/14/2025 8:50 Medical assist, assist EMS crew
25-1791NFR N 26TH STRE 10/14/2025 15:42 Medical assist, assist EMS crew
25-1792NFR N TWIN CITY HWY 10/14/2025 15:47 Smoke scare, odor of smoke
25-1793NFR HWY 69 N 10/14/2025 19:51 Medical assist, assist EMS crew
25-1794NFR S 7th ST 10/15/2025 0:09 Medical assist, assist EMS crew
25-1796NFR 15th ST 10/15/2025 4:05 Medical assist, assist EMS crew
25-1795NFR W AIRLINE DR 10/15/2025 5:15 Medical assist, assist EMS crew
25-1797NFR Franklin 10/15/2025 10:17 Medical assist, assist EMS crew
25-1798NFR N 12TH 10/15/2025 11:05 Medical assist, assist EMS crew
25-1799NFR 16th STS ST 10/15/2025 11:28 Smoke scare, odor of smoke
25-1802NFR NEDERLAND AVE 10/15/2025 13:48 Medical assist, assist EMS crew
25-1800NFR N 2 1/2 STRE 10/15/2025 15:30 Medical assist, assist EMS crew
25-1803NFR Hardy 10/15/2025 19:09 Smoke detector activation, no fire - unintentional
25-1804NFR BOSTON AVE 10/16/2025 3:20 Medical assist, assist EMS crew
25-1805NFR PARK LOOP 10/16/2025 11:22 Rescue, EMS incident, other
25-1806NFR AVENUE D 10/16/2025 12:43 Rescue, EMS incident, other
25-1808NFR AVENUE H 10/17/2025 12:56 Medical assist, assist EMS crew
25-1810NFR HWY 69 N 10/17/2025 21:04 Medical assist, assist EMS crew
25-1809NFR HARDY AVE 10/17/2025 21:08 Motor vehicle accident with injuries
25-1811NFR S 16TH STRE 10/18/2025 7:32 Medical assist, assist EMS crew
25-1812NFR Luling 10/18/2025 14:07 Medical assist, assist EMS crew
25-1813NFR DETROIT AVEN 10/18/2025 16:30 Medical assist, assist EMS crew
25-1814NFRNEDERLAND AVENUE @ TWIN C10/18/2025 18:19 Medical assist, assist EMS crew
25-1815NFR S KILARNEY 10/19/2025 5:14 Building fire
25-1816NFR N 31ST ST 10/19/2025 12:28 Rescue, EMS incident, other
25-1817NFR Navasota 10/19/2025 15:44 Gas leak (natural gas or LPG)
25-1818NFR AVENUE B 10/19/2025 17:54 Unauthorized burning
25-1819NFR HARDY AVEN 10/19/2025 20:05 Rescue, EMS incident, other
25-1820NFR CHICAGO AVEN 10/19/2025 21:13 Overheated motor
25-1821NFR N 20TH 10/20/2025 2:47 Rescue, EMS incident, other
25-1822NFR Gary 10/20/2025 5:54 Rescue, EMS incident, other
25-1823NFR S 13TH ST 10/20/2025 11:22 Unauthorized burning
25-1824NFR AVENUE H 10/20/2025 13:53 Medical assist, assist EMS crew
25-1825NFR HARDY AVE 10/20/2025 14:09 Trash or rubbish fire, contained
25-1826NFR W Port Arthur RD 10/20/2025 16:45 Motor vehicle accident with injuries
25-1827NFR NEDERLAND AVE 10/20/2025 17:22 Medical assist, assist EMS crew
25-1828NFR 15th ST 10/20/2025 18:51 Medical assist, assist EMS crew
25-1829NFR AVENUE F 10/20/2025 19:42 Medical assist, assist EMS crew
25-1830NFR AVENUE F 10/21/2025 6:36 Medical assist, assist EMS crew
25-1831NFR N 5TH STRE 10/21/2025 7:12 Medical assist, assist EMS crew
25-1832NFR AVENUE B 10/21/2025 13:02 Medical assist, assist EMS crew
25-1833NFR AVENUE C 10/21/2025 18:29 Good intent call, other
25-1834NFR VITERBO RD 10/21/2025 18:59 Power line down
25-1835NFR AVENUE H 10/21/2025 19:15 Medical assist, assist EMS crew
25-1836NFR AVENUE H 10/21/2025 19:15 Medical assist, assist EMS crew
25-1837NFR Knickerbocker 10/21/2025 22:31 Dispatched & canceled en route
25-1838NFR AVENUE N 10/21/2025 23:44 Medical assist, assist EMS crew
25-1839NFR ATLANTA AVEN 10/22/2025 1:00 Carbon monoxide detector activation, no CO
25-1840NFR S 11TH STRE 10/22/2025 7:53 Rescue, EMS incident, other
25-1841NFR S 1 1/2 STRE 10/22/2025 10:01 Rescue, EMS incident, other
25-1842NFR TWIN CITY & AVENUE H 10/22/2025 11:13 Rescue, EMS incident, other
25-1843NFR Franklin 10/22/2025 12:39 Detector activation, no fire - unintentional
25-1844NFR S 2ND STRE 10/22/2025 13:37 Rescue, EMS incident, other
25-1845NFR N 17TH STRE 10/22/2025 13:39 Rescue, EMS incident, other
25-1846NFR W CHICAGO 10/23/2025 5:37 Rescue, EMS incident, other
25-1847NFR S 1 1/2 STRE 10/23/2025 10:51 Assist invalid
25-1848NFR N HIGHWAY 69 10/23/2025 10:54 Medical assist, assist EMS crew
25-1849NFR CALLAWAY DR 10/23/2025 10:59 Smoke scare, odor of smoke
25-1850NFR 22nd ST 10/23/2025 11:30 Medical assist, assist EMS crew
25-1851NFR W CHICAGO AVE 10/23/2025 11:58 Medical assist, assist EMS crew
25-1852NFR KNIGHTS ROW 10/23/2025 20:26 Assist invalid
25-1853NFR HOLMES RD 10/23/2025 23:39 Good intent call, other
25-1854NFR STERLING RIDGE DR 10/24/2025 4:25 Medical assist, assist EMS crew
25-1855NFR S 1 1/2 STRE 10/24/2025 9:24 Assist invalid
25-1856NFR N 32ND STRE 10/24/2025 13:13 Dispatched & canceled en route
25-1857NFR S 5TH STRE 10/24/2025 22:54 Medical assist, assist EMS crew
25-1858NFR 10th ST 10/25/2025 22:31 Grass fire
25-1859NFR LULING AVE 10/26/2025 8:36 Assist invalid
25-1860NFR S 21ST ST 10/26/2025 10:06 Medical assist, assist EMS crew
25-1861NFR 19th ST 10/26/2025 12:04 Medical assist, assist EMS crew
25-1862NFR S KILARNEY DR 10/26/2025 19:04 Medical assist, assist EMS crew
25-1863NFR 22nd ST 10/26/2025 19:17 Medical assist, assist EMS crew
25-1864NFR NEDERLAND AVE 10/26/2025 20:51 Medical assist, assist EMS crew
25-1865NFR S 6TH ST 10/27/2025 0:31 Medical assist, assist EMS crew
25-1866NFR BOSTON AVE 10/27/2025 5:44 Assist invalid
25-1867NFR AVENUE N 10/27/2025 7:51 Medical assist, assist EMS crew
25-1868NFR S 6TH STRE 10/27/2025 11:13 Medical assist, assist EMS crew
25-1869NFR S HWY 69 SOUTH 10/27/2025 13:16 Smoke scare, odor of smoke
25-1870NFR S 21ST 10/27/2025 17:47 Assist invalid
25-1871NFR S 16TH STRE 10/27/2025 22:13 Medical assist, assist EMS crew
25-1872NFR HIGHWAY 365 10/28/2025 4:00 Medical assist, assist EMS crew
25-1874NFR S 11TH STRE 10/28/2025 11:16 Assist invalid
25-1875NFR S 5TH 1/2 ST 10/28/2025 12:12 No incident found on arrival at dispatch address
25-1876NFR AIRLINE 10/28/2025 13:54 Dispatched & canceled en route
25-1877NFR HELENA AVEN 10/28/2025 14:07 Alarm system activation, no fire - unintentional
25-1878NFR AVENUE K 10/28/2025 22:28 Arcing, shorted electrical equipment
25-1879NFR AVENUE H 10/29/2025 13:21 Medical assist, assist EMS crew
25-1880NFR 36TH ST 10/29/2025 14:29 Medical assist, assist EMS crew
25-1881NFR21ST @ NEDERLAND AVENUE 10/29/2025 17:43 Motor vehicle accident with injuries
25-1882NFR S 14TH ST 10/30/2025 1:02 Unauthorized burning
25-1883NFR S 11TH STRE 10/30/2025 10:03 Assist invalid
25-1884NFR N 3RD STRE 10/30/2025 15:41 Good intent call, other
25-1888NFR AVENUE H 10/31/2025 Medical assist, assist EMS crew
25-1885NFR S 14TH STRE 10/31/2025 9:14 Gas leak (natural gas or LPG)
25-1886NFR 9TH STRE 10/31/2025 17:31 Dispatched & canceled en route
25-1887NFR Sterling Ridge 10/31/2025 20:20 Fireworks explosion (no fire)
Analysis by Incident Type (Exposure 0)
10/01/2025-10/31/2025
3.39 %
False Alarm & False..
6
4.52 %
Fire
8
11.30 %
Good Intent Call
20
3.95 %
Hazardous Condition..
7
0.56 %
Overpressure Ruptur..
1
65.54 %
Rescue & Emergency
116
10.73 %
Service Call
19
False Alarm & False Call
Fire
Good Intent Call
Hazardous Condition (No Fire)
Overpressure Rupture, Explosion,
Overheat(no fire)
Rescue & Emergency Medical Service
Incident
Service Call
Total of Incident Type: 177
Analysis by Detailed Incidents Type
10/01/2025-10/31/2025
1.69 %
Alarm system activa..
3
0.56 %
Arcing, shorted ele..
1
8.47 %
Assist invalid
15
0.56 %
Authorized controll..
1
0.56 %
Building fire
1
0.56 %
Carbon monoxide det..
1
0.56 %
Carbon monoxide inc..
1
2.26 %
Dispatched & cancel..
4
1.13 %
Dumpster or other o..
2
2.26 %
Emergency medical s..
4
1.13 %
Gas leak (natural g..
2
3.95 %
Good intent call, o..
7
47.46 %
Medical assist, ass..
84
2.82 %
Motor vehicle accid..
5
0.56 %
Natural vegetation
1
1.69 %
No incident found o..
3
0.56 %
Overheated motor
1
0.56 %
Passenger vehicle f..
1
1.13 %
Power line down
2
12.99 %
Rescue, EMS inciden..
23
0.56 %
Smoke detector acti..
1
2.82 %
Smoke scare, odor o..
5
0.56 %
Special outside fir..
1
0.56 %
Trash or rubbish fi..
1
2.26 %
Unauthorized burnin..
4
Alarm system activation, no fire -
unintentional
Arcing, shorted electrical equipment
Assist invalid
Authorized controlled burning
Building fire
Carbon monoxide detector activation, no
CO
Carbon monoxide incident
Detector activation, no fire - unintentional
Dispatched & canceled en route
Dumpster or other outside trash
receptacle fire
Emergency medical service incident, other
Fireworks explosion (no fire)
Gas leak (natural gas or LPG)
Good intent call, other
Grass fire
Medical assist, assist EMS crew
Motor vehicle accident with injuries
Natural vegetation fire, other
No incident found on arrival at dispatch
address
Overheated motor
Passenger vehicle fire
Power line down
Rescue, EMS incident, other
Smoke detector activation, no fire -
unintentional
Smoke scare, odor of smoke
Special outside fire, other
Trash or rubbish fire, contained
Unauthorized burning
Total of Detailed Incident Type: 177
Analysis by Property Use
10/01/2025-10/31/2025
72.88 %
Residential
129
10.73 %
Outside or Special
19
4.52 %
Mercantile, Busines..
8
3.39 %
Assembly
6
3.39 %
Health Care, Detent..
6
2.82 %
Educational
5
1.69 %
Not Defined
3
0.56 %
Storage
1
Residential
Outside or Special Property
Mercantile, Business
Assembly
Health Care, Detention & Correction
Educational
Not Defined
Storage
Total of General Property Use: 177
EMS Impression Assessment
10/01/2025-10/31/2025
24.14 %
General illness
7
20.69 %
Impression/assessme..
6
20.69 %
Trauma
6
10.34 %
Seizure
3
6.90 %
Abdominal pain
2
6.90 %
Behavioral - mental..
2
3.45 %
Chest pain
1
3.45 %
Diabetic symptom
1
3.45 %
Altered level of co..
1
General illness
Impression/assessment, other
Trauma
Seizure
Abdominal pain
Behavioral - mental status, psychiatric
disorder
Chest pain
Diabetic symptom
Altered level of consciousness
Total of Impession Assessment: 29
Incidents by Months
01/01/2025-12/31/2025
54
2025-11
177
2025-10
186
2025-09
204
2025-08
204
2025-07203
2025-06
179
2025-05
184
2025-04
186
2025-03
173
2025-02
179
2025-01
2025-01
2025-02
2025-03
2025-04
2025-05
2025-06
2025-07
2025-08
2025-09
2025-10
2025-11
Incident
C
o
u
n
t
0
25
50
75
100
125
150
175
200
225
Total of Month: 1,929
PUBLIC WORKS DEPARTMENT
MONTHLY REPORT
OCTOBER 2025
Water Department
Wastewater Department
Street Department
Solid Waste Department
Animal Control
2
Public Works Department
Monthly Report
OCTOBER 2025
The Public Works Department completed 361 work orders during the month of OCTOBER 2025.
Following is a break-down of these work orders by division:
Water
Type Number of Work Orders Description
Curb Stop 3
Leak (Hydrant) 0
Leak (Main) 13
Leak (No Leak) 4
Leak (Party) 6
Leak (Service) 8
Locate 19
Lower/Move Line 4
Meter Box 3
Other 6
Pressure 1
Tap 3
Turn On/Off 5
Yard Repair 54
Total 129
Wastewater
Type Number of Work Orders Description
Camera 0
Clean Out 0
Locate 2
Manhole 0
Meter Box 3
Odor 1
Other 0
Repair 6
Stop Up (Main) 7
Stop Up (Party) 4
Stop Up (Service) 10
Stop Up (High water) 0
Tap 0
Yard Repair 4
Total 37
3
Street Department
Type Number of Work Orders Description
Barricades 0
Clean Culvert 4
Clean Ditch 1
Concrete Street 3
Curb 1
Dirt 0
Drainage 5
Other 5
Patch 60
Set Culvert 4
Sign 3
Traffic Light 0
Trim Limbs 1
Total 87
Sanitation
Type Number of Work Orders Description
Deliver Container 41
Empty Container 1
Missed 51
Other 0
Pick Up Container 4
Repair Container 0
Request Pickup 3
Tagged 0
Total 100
Trash
Type Number of Work Orders Description
Missed 1
Other 1
Request Pickup 6
Tagged 0
Appliance 0
Total 8
Solid Waste Department
Quantities to Landfill and Green Waste Site
Compacted (Garbage) Non-Compacted (Trash) Green Waste
1848 Cubic Yards 1144 Cubic Yards 0 Cubic yards
4
Public Works -- Work Order Descriptions
Water
• Curb Stop – Repairs related to curb stops. This will include, but not limited to leaking or broken
curb stops.
• Leak (Hydrant) – Water leak at a fire hydrant
• Leak (Main) – Water leak on the city’s main water line
• Leak (No Leak) – Called in as a leak, but no leak was found
• Leak (Party) – Water leak on the citizen’s side
• Leak (Service) – Water leak on the city’s service line
• Locate – Locating city utilities for other utility companies and citizens
• Lower/Move Line – Relocating main lines, service lines and etc.
• Meter Box – Delivering a new box, replacement box or leveling a box
• Other – When a work order will not fit one of the other defined categories
• Pressure – Calls for low or high water pressure
• Tap – New water services, sewer services and fire line taps
• Turn On/Off – Citizen or the meter department request to turn water service on or off
• Yard Repair – Repair of yards from work done by the city (includes water and wastewater)
Wastewater
• Clean Out – Installing / Repairing Clean Outs
• Locate – Locating city utilities for other utility companies and citizens
• Manhole – Leaking manholes, rattling lids, no lid and etc.
• Meter Box – Delivering a new box, replacement box or leveling a box
• Odor – Investigate possible sewer odors
• Other – When a work order will not fit one of the other defined categories
• Repair – Repairs to city service lines and main lines
• Stop Up (Main) – City’s main line was stopped up
• Stop Up (Party) – Citizen’s sewer line is stopped up
• Stop Up (Service) – City’s service line is stopped up
• Stop Up (High water) – City’s stop ups caused by rain events
• Tap – New water services, sewer services and fire line taps
Smoke Test
• Repair – Any repair on the city’s side that is located as a result of smoke testing
Meter Dept
Work orders taken when filling in for the meter reader
• Other – When a work order will not fit one of the other defined categories
• Read – Get a reading from a meter
• Turn Off – Turn off a meter, get a read and possibly lock it
• Turn On – Turn on a meter and get a reading
5
Street
• Barricades – Deliver barricades or cones to block roadways due to traffic light malfunction,
requests by Fire or Police Departments or per request by civic organizations
• Clean Ditch – Clean ditches with Gradall to improve drainage
• Clean Culvert – Clear debris from culverts to improve drainage
• Concrete Street – Pour concrete to repair streets or driveways dug up to repair water or sewer
lines
• Curb – Repair broken curbs on City streets
• Dirt – Deliver dirt that is cleaned from ditches for fill as requested by citizens for whom we have
set culverts
• Drainage – Clean storm drains, curb lines, and culverts to improve drainage
• Other – When a work order will not fit one of the other defined categories
• Patch – Patch potholes in city streets
• Set Culverts – Set culverts for citizens to enclose ditch
• Sign – Replace faded, missing, or destroyed street markers and stop signs and put up other signs
as needed
• Traffic Light – Replace bulbs in traffic and School Zone lights, troubleshoot and repair controller
problems
• Trim Limbs – Cut and pick up limbs that interfere with City vehicles
Sanitation
• Deliver container – Deliver garbage cans when one is damaged, or when someone sets up new
service
• Empty container – Resident put can out late or can was not emptied on garbage day for some
reason other than “missed.”
• Missed – Empty cans that were missed on garbage day
• Other – When a work order will not fit one of the other defined categories
• Pick up Container – Pick up garbage can from residences that are no longer paying for service
• Repair Container – Replace wheel or lid
• Request Pickup – Resident requests a 2nd garbage pickup for the week
• Tagged – Something prevents can from being emptied
Trash
• Missed – Citizen claims trash pile was missed
• Other – When a work order will not fit one of the other defined categories
• Request Pickup – Citizen asks for a special pickup
• Tagged – Something prevents piles from being picked up
Animal Control
• Dead Animal—Pick up and dispose of dead animals
• Loose Dog—Pick up loose dog and bring to Animal Shelter
• Other— When a work order will not fit one of the other defined categories
Water Plant Monthly Report
OCTOBER 2025
For the month of OCTOBER, the water plant treated 86,237,000 gallons.
An average of 2,782,000 gallons per day and a maximum of 3,757,000
gallons.
A total of 20 bacteriological samples were taken to Sabine River
Authority lab for analysis. All 20 passed.
43 distribution residuals were taken with an average of 3.16 mg/L.
A total of 186 turbidity readings were taken with an average of 0.099 NTU
and a maximum of 0.133 NTU. 95% of our monthly readings must be below
0.300 NTU.
NTU: Nephelometric Turbidity Unit, a unit used to measure the turbidity of water, which is a measure of
the cloudiness or haziness of the water caused by suspended particles (turbidity)
mg/L: milligrams per liter
SWTP: Surface Water Treatment Plant
Sabine River Authority: TCEQ accredited lab used for our water samples
Distribution System Chlorine residuals:
Minimum required: Total: 0.5 mg/L Free: 0.2 mg/L
Maximum 4.00 mg/L (based on a running annual average of all samples in the
distribution system)
Total coliform (TC): A group of closely related bacteria, mostly harmless, that live in soil, water, and the
intestines of small animals. This group of bacteria includes fecal coliform bacteria and other non-fecal
bacteria that are very common in the natural world. The presence of these bacteria in drinking water
indicates that potentially harmful bacteria may be present.
10/1/2025 THROUGH 10/31/2025
INSPECTION TYPE # OF INSPECTIONS
AIR CONDITIONING
ROUGH 5
COMM. DUCT
COMM. HOOD
FINAL 11
BUILDING
PIER/FOOTING
FOUNDATION 11
NAIL PATTERN 3
FRAMING 3
BUILDING FINAL 7
POOL FINAL 1
SIGN SHAFT/SIGN FINAL
FINAL WALKTHROUGH
ENERGY
WALL INSULATION 3
FLOOR INSULATION
CEILING INSULATION
FINAL
ELECTRICAL
TEMPORARY POLE
SERVICE CONDUIT
SLAB CONDUIT
ROUGH 9
TEMPORARY FINAL 6
POOL BONDING 2
NAME CHANGE 4
SERVICE CHANGE/SERVICE REPAIR 6
FINAL 14
GENERATOR
PLUMBING
ROUGH 4
WATER LINE
SEWER LINE 2
GAS ROUGH/GAS UNDERGROUND
TOP OUT 9
GAS FINAL 14
PLUMBING FINAL 15
GREASE TRAP/POOL P-TRAP
Water Heater 1
GAS GENERATOR 2
TOTAL 132
INSPECTIONS COMPLETED DURING THE PERIOD
October 2025 Departmental Report – Parks and Recreation
The Nederland Recreation Center is operating with regular hours:
Monday – Thursday 8:30 am – 8:00pm, Friday 8:30am – 5:00pm, & Saturday 10:00am – 5:00pm.
Pickleball schedule is Tuesday, Thursday & Saturday from 10am-1pm. Wednesday evenings from 5pm-6pm for family/beginner play
and 6pm-8pm for competition play.
The Parks & Recreation hosted “National Night Out” on October 7th on Boston Avenue with numerous attendees.
The Parks Advisory Board was held on October 8th at the Nederland Rec Center.
The Parks & Recreation held “Monsters in the Park” at Tex-Ritter park on October 18th with numerous attendees.
The Parks & Recreation partnered with the library for “Meet me at the Park” with 3 kids attending.
The Parks & Recreation held “Scooby Doo Mystery Camp” on October 27th at the Nederland Rec with 20 attendees.
Visits:
Pickleball 321 Visits (YTD 3973)
Open Walk 0 Visits (YTD 91)
Basketball/Volleyball 509 Visits (YTD 15381)
Racquetball Usage 16 Visits (YTD 82)
Disc Golf 53 Rounds Played (YTD 1435)
Rentals:
Gym 7 Hours (YTD 63.5)
Game Room 2 Hours (YTD 34)
Van Gogh 9 Hours (YTD 104.5)
Kitchen 2 Hours (YTD 33)
Rembrandt 6 Hours (YTD 29)
Vermeer 0 Hours (YTD 0)
Total Rental Hours 26 Hours
FINANCE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2025
Routine Activities for the month:
▪ Submitted ACH files for Utility drafts
▪ Prepared the various required reports: Sales Tax Report, TMRS Report
▪ Prepared payroll checks, accounts payable checks
▪ Review and code invoices
▪ Review accounts payable check runs for accuracy
▪ Review payroll check runs for accuracy
▪ Prepare monthly journal entries and reconcile accounts
▪ Calculated lien payoffs, prepared and filed no new liens and released no liens
Accounts Payable Activities:
▪ Checks issued 198
▪ Invoices paid 249
▪ Purchase orders issued 294
▪ Purchase orders completed 170
▪ 1099 Forms issued 0
Payroll Activities:
▪ Checks & ACH payments issued 303
▪ W-2 Forms issued 0
Utility Billing Activities:
▪ Issued 7,342 bills for utility service
▪ Delinquent bills mailed 0 (done quarterly)
▪ Active accounts 7,258 (98 new accounts, 78 disconnected-non-transfer,
6 disconnected and transferred)
▪ Left 51 leak tag notifications
▪ Payments received:
Mail and night drop 441
Billing counter 782
Drive-thru window 872
ACH Drafts 1,032
Internet bill payments 814
Online bill payments thru City website 3,084
Total payments received for utility services 7,025
▪ Service orders completed:
Reread 3
Cutoff 63
Disconnect 41
Leaks 8
Meter installation 85
Meter repairs 2
New connection 43
Occupant change 43
On/off for repairs 7
Other-miscellaneous 10
Reinstate 53
Total 358
CITY OF NEDERLAND
MONTHLY REPORT
City Clerk Department, October 2025
Service Level and Workload Indicators October
2025
YTD
2025
General Elections Conducted 0 1
Special Elections Conducted 0 0
Charter Elections Conducted 0 0
Regular/Special Council Meetings Attended 4 29
Agenda Packets Prepared 4 29
Staff Meetings Attended 2 17
Bid Openings Attended 0 1
Requests under the Open Records Act 8 100
Legal Postings 9 60
Legal Ads Published 2 18
Alcohol Licenses/Applications Issued 0 10
Proclamations/Certificates 0 11
Vital Statistics
• Birth Certificates Issued
• Birth Certificates Processed
• Death Certificates Issued
• Death Certificates Processed
• Burial Transit/Cremation Permits Issued
• Acknowledgement of Paternity
• Amended Birth Certificates Processed
• Amended Death Certificates Processed
• Delayed Birth Certificates Processed
• Birth Replacement Records Processed
21
0
14
8
1
0
0
1
0
0
220
3
62
67
37
0
1
6
0
0
Taxi Cab
• New
• Renewal
0
0
0
0
MAJOR PROJECTS
October
Preparation for early voting/election day, Nov. 4th
TML preparation for Council
Distribution of alcohol permits/state law updates
Process/distribution of Maximum Contaminant Level mailout
Trunk-R-Treat candy drive for police and fire departments
DEPARTMENTAL REPORT
OCTOBER 202 5
HUMAN RESOURCES DEPARTMENT
C I T Y O F N E D E R L A N D
2
OCTOBER 2025
HUMAN RESOURCES DEPARTMENT
CURRENT OPENINGS
▪ Assistant Public Works Director
This position was posted on September 30, 2025, with first review of applications on October 10, 2025. Closed on
October 10th. Seven internal and two external applications were received.
▪ Public Works Director
This position was posted on September 30, 2025, with first review of applications on October 17, 2025. Still open.
▪ Telecommunications Dispatcher
This position was posted on September 24, 2025, with first review of applications on October 10, 2025. Closed on
October 24th. Thirty-three external applications were received.
▪ Police Officer (TCOLE Certified)
This position was posted reposted on October 28th, 2025, with first review of applications on November 14th, 2025.
TESTING & INTERVIEWS
▪ Nine were tested for Library Page position and five were interviewed.
▪ Five were interviewed for the Assistant Public Works Director position.
NEW HIRES / PROMOTIONS / TRANSFERS / RESIGNATIONS/ RETIREMENTS
▪ On October 1, 2025, Jim Underwood was hired as a full-time Maintenance Worker for the Water/Sewer Distribution
department.
▪ On October 22, 2025, Sarah Beach was hired as a full-time Dispatcher.
▪ On October 29, 2025, Robert Smith, Jr. was hired as a full-time Assistant Public Works Director.
WORK INJURIES / SAFETY INSURANCE
▪ Nothing to report for October 2025.
POLICE / FIRE / CIVIL SERVICE CONTRACTS
▪ Nothing to report for October 2025.
3
INCIDENTS
▪ On October 20, 2025, while collecting garbage on South 21st Street, an employee heard an explosion from the back
of his truck and saw smoke and debris coming from the hopper. He immediately turned back toward the Public
Works facility and notified his supervisor, who met him with a fire extinguisher and coordinated where to unload the
truck. The garbage was dumped in the yard, and both the supervisor and driver used extinguishers to control the
flames until additional staff, and the Fire Department arrived to fully extinguish the fire. The incident was contained
quickly, and there was no damage to the truck.
November 17, 2025 Meeting
5. REGULAR AGENDA
NEW BUSINESS
a. The Wastewater Treatment Plant facility assessment involves a tour with Operations staff
to evaluate current conditions and operations. The task includes preparing a document
detailing existing conditions with recommendations for rehabilitation or improvements,
along with preliminary cost estimates and a potential implementation schedule. This will
cover facility operations, capacity, and performance to make necessary recommendations
for permit compliance, treatment capacity, equipment lifespan, and overall performance.
b. The Centrifuge Rehab project involves creating plans and bid documents for upgrading
two sludge dewatering centrifuges at Nederland's Wastewater Treatment Plant. The
current centrifuges need complete replacement, including demolition of the old units and
related components, with required structural and electrical modifications. The new
centrifuges will be larger to accommodate increased flow and will be designed to fit
within the existing building. Westwood will determine the rehabilitation scope and
document key conditions. Plans will include detailed mechanical and elevation views,
with specifications provided in a separate manual. Electrical and structural plans and
specs will also be included.
c. The purpose of the public hearing is to review the City’s completion and closeout of its
Hurricane Harvey Infrastructure Grant funded through the Texas General Land Office
(GLO) Community Development Block Grant-Disaster Recovery (CDBG-DR) Program.
In 2021 the City was awarded a Hurricane Harvey CDBG Disaster Grant in the amount
of $4,259,659 to address infrastructure repairs and improvements caused by Hurricane
Harvey. Activities funded under this program included street and drainage improvements
along Nederland Avenue and Hilldale. The hearing will provide residents with an
opportunity to comment on the program’s performance, expenditures, and outcomes prior
to close out submission to the (GLO). The public hearing marks the final step in the
citizen participation process for the closeout of this CDBG-DR grant. The program is
completing its final administrative and reporting requirements with the Texas GLO.
Funds in the amount of $3,234,836 (est.) were expended. The remaining balance will be
de-obligated (TBD by GLO).
d. The Federal 1033 Program will allow the Nederland Police Department to review
available excess Department of Defense inventory that is suitable for law enforcement
and make requests for property through the state coordinator. Participation in the 1033
Program will create opportunities for potentially substantial savings if it is transferred
excess DOD property for use in law enforcement.
October 22, 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
22, 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.
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.
Westwood General Conditions of Agreement Page 3 of 13
Rev.2023
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
Westwood General Conditions of Agreement Page 4 of 13
Rev.2023
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
equipment and practices may unavoidably alter the existing Project site conditions and affect the
Westwood General Conditions of Agreement Page 5 of 13
Rev.2023
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,
removal, disposal of, or exposure of persons or property to any such Hazardous Environmental
Condition in any form at the Project site.
Westwood General Conditions of Agreement Page 6 of 13
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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.
Westwood General Conditions of Agreement Page 7 of 13
Rev.2023
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
Westwood General Conditions of Agreement Page 8 of 13
Rev.2023
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
Westwood General Conditions of Agreement Page 9 of 13
Rev.2023
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
Westwood General Conditions of Agreement Page 10 of 13
Rev.2023
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;
Westwood General Conditions of Agreement Page 11 of 13
Rev.2023
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
10/22/2025 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
10/22/2025 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
10/22/2025 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 $66,300.00 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 $66,300.00
Basic Services Design Fee $63,800.00
Basic Services Direct Expenses $2,500.00
GRAND TOTAL $66,300.00
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
$63,800.00
18.0 18.0 36.0 $7,740.000.0 $15,000.0010.0 34.0 44.0 $8,380.00
4.0 18.0 22.0 $4,100.0028.0 60.0 88.0 $17,480.004.0 8.0 12.0 $2,400.00
2.0 4.0 4.0 10.0 $1,600.004.0 4.0 8.0 $1,720.008.0 12.0 4.0 24.0 $4,520.00
2.0 2.0 4.0 $860.00
80.0 160.0 8.0
80.00 0.00 160.00 0.00 0.00 8.00 0.00 248.00 $63,800.002,500.00 0.00 0.00 0.00 0.00 0.00 0.00 $2,500.0032% 0% 65% 0% 0% 3% 0% 100%$66,300.00
SUMMARY
$63,800.00$2,500.00
TOTAL BASIC SERVICES $66,300.00
$66,300.00TOTAL DESIGN FEE
Electrical SubconsultantSite Tour
Project Management, Coordination & Permitting
Photo Review & Documentation
Draft Report SetupCost EstimatesCIP
Compilation of Assessement
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
HOURS SUB-TOTALS
Updates to Assessment per Operations MeetingVirtual Review of Assessment with Operations
Virtual Final Presentation to City
EXPENSE % of Total HoursTOTAL BASIC SERVICES DESIGN FEE
BASIC SERVICES DESIGN FEE BASIC SERVICES DIRECT EXPENSES
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
10/22/2025 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
October 8, 2025
WPS No.: 0043842.03
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 and Land Surveying Services Nederland Wastewater Treatment Plant Sludge Dewatering Centrifuge
Rehabilitation Nederland, Jefferson County, Texas
Dear Ms. Dowden:
Westwood Professional Services, Inc. is pleased to submit this proposal to provide
professional civil and electrical engineering, and land surveying services relating to the
referenced project. It is our understanding that the project consists of preparing plans
and bid documents for the rehabilitation of the two existing sludge dewatering centrifuges
at the Wastewater Treatment Plant in the City of Nederland.
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 Plant Centrifuge Rehabilitation (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 7, 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 “E”. 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
0043842.03
EXHIBIT ‘A’ – SCOPE OF SERVICES
NEDERLAND WASTEWATER TREATMENT PLANT SLUDGE DEWATERING
CENTRIFUGE REHABILITATION
PROJECT DESCRIPTION:
The project consists of preparing plans and bid documents for the rehabilitation of two existing
sludge dewatering centrifuges at the Wastewater Treatment Plant in the City of Nederland. The
existing sludge dewatering centrifuges that are currently in service need to be completely
replaced. The rehabilitation project includes demolition of two existing sludge dewatering
centrifuges and associated components with structural and electrical modifications. The two
proposed sludge dewatering centrifuges will be upsized to handle a higher flow rate. The upsized
sludge dewatering centrifuges will be designed to fit within the building along with necessary
structural and electrical modifications.
The proposed scope consists of the following basic services:
Project Management, Coordination & Permitting Survey Services Design Phase Services o 60%, 90%, and 100% Design Bid Phase Services Construction Administration Phase Services Special Services (if requested) o Construction Observation
BASIC SERVICES
Westwood shall determine rehabilitation scope and document conditions of key scope items.
Plans will include a dimensioned mechanical plan and elevation view of both sludge dewatering
centrifuges to document rehabilitation scope. Specifications will be provided in a separate project
manual to accompany the contract documents. Electrical & Structural plans and specs will be
provided as described below.
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 (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 3
0043842.03
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. Constructability Review:
Prior to the 90% review meeting with the Client, Westwood shall schedule
and attend a project site visit with the Client Project Manager and
Operations personnel to walk the project. Westwood shall summarize the
Client’s comments from the field visit and submit this information to the
Client in writing.
B. Survey Services: Westwood will perform necessary survey services including:
1. Topographic Survey: Westwood will perform an on the ground survey of the area
around the sludge dewatering centrifuges and necessary adjacent areas, under the
direct supervision of a Registered Professional Land Surveyor. This item includes:
a. Elevations on walls inside of sludge dewatering centrifuge building and the
floor of sludge dewatering centrifuge building.
b. Location, sizes, types and names if shown on all piping inside of sludge
dewatering centrifuge building.
c. Elevations and locations of any and all equipment inside or directly connected
to the sludge dewatering centrifuge.
d. Elevations and locations of any openings in the sludge dewatering centrifuge
building.
e. All concrete pipe and sludge dewatering centrifuge supports will be located.
f. All motors will be located.
C. Preliminary Design (60% Submittal): Westwood will perform necessary design phase
services including:
1. Data Collection:
In addition to data obtained from the Client, Westwood will research proposed
improvements in conjunction with any other planned future improvements
known by the Client that may influence the project.
Westwood will also identify and seek to obtain data for existing conditions that
may impact the project.
The data collection efforts will also include conducting special coordination
meetings with facility operators, equipment vendors, etc.
EXHIBIT A to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 4
0043842.03
2. Prepare preliminary site plan to verify scope and coordinate with the City and
Operations.
3. Coordinate work with Subconsultants, equipment vendors, and operation staff.
4. Submit preliminary site plan to the Client for review.
D. Final Design (90% & 100% Submittals)
1. Prepare preliminary construction plans. Prepare the following sheets:
a. Cover Sheet
b. General Notes
c. Overall Site Plan
d. Process Mechanical & Demolition General Notes
e. Process Mechanical Legend
f. Sludge dewatering centrifuge Building Demolition Plan
g. Sludge dewatering centrifuge Building Demolition Profile
h. Sludge dewatering centrifuge Building Modifications Plan
i. Sludge dewatering centrifuge Building Modifications Profile
j. Mechanical / Civil Detail Sheets
k. Erosion Control Plan & Details
l. Electrical Demolition Layout
m. Electrical Sludge dewatering centrifuge Modifications Plan
n. Electrical One Line Diagram & Control Diagram
o. Electrical Sludge dewatering centrifuge Block Diagram
p. Electrical Details & Notes
q. Structural Notes
r. Structural Sludge dewatering centrifuge Building Plan
s. Structural Details
Information required can be combined on sheets if the information can be clearly
shown and is approved by Client’s project manager.
2. Coordinate work with subconsultants, equipment vendors, and operation staff.
3. Assemble Client’s standard construction contract documents and modify special
technical specifications, as needed.
4. Prepare an estimate of construction quantities and develop the preliminary
opinion of probable construction costs.
5. Submit 90% plans, 90% construction contract and technical documents, and 90%
opinion of probable construction costs for Client review. A hard copy will be
provided, if requested.
6. Incorporate final Client review comments into the plans and construction contract
documents to finalize construction plans for proposed improvements.
EXHIBIT A to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 5
0043842.03
7. Finalize construction contract documents including Client standard specifications,
special technical specifications and special conditions (if any).
8. Estimate of final construction quantities and final opinions of construction cost.
9. Submit one sealed (100%) set of final plans and construction documents.
10. Westwood will provide coordination with the TCEQ as necessary of Permitting for
the proposed infrastructure construction.
Included in this item are:
Coordination of submittal of TCEQ Summary Transmittal Letter.
Coordination for final plan approval.
Application and Permitting fees are not included.
E. Bid Phase Services
Westwood will support the bid phase of the project as follows.
1. Bid Advertisement:
Westwood shall prepare and submit to Client a draft Bid Advertisement for
publishing by the Client.
2. Bid Document Distribution:
Westwood shall utilize an online system, CivCast, to distribute construction
plans and contract bid documents and to maintain a plan holders list.
3. Bidder Assistance:
Westwood will review and answer bidder questions and issue addenda as
necessary during public bidding process.
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 shall 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 (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 6
0043842.03
F. Construction Administration
1. Preconstruction Conference:
Westwood shall attend the preconstruction conference.
2. Site Visits:
It is assumed that Westwood will rely on information from the City and the
monthly site visits from the construction observer (if authorized). Westwood
engineering will not conduct site visits throughout construction except as
noted. Additional site visits will be considered additional services.
3. Shop Drawing and Submittal Review:
Westwood shall review shop drawings and construction submittals submitted
by the contractor for compliance with design concepts. It is assumed that there
will be approximately twelve (12) submittals for review. Additional submittal
review will be considered additional services.
4. Interpretations 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 shall review monthly and final estimates for payments to
contractors. The payment estimates shall include appropriate certifications. It
is assumed that there will be a total of fifteen (15) pay estimates for Westwood
to review. Additional pay estimates will be considered additional services.
6. Station Commissioning and Start-Up:
The Engineer shall attend a start-up and commissioning site visit (up to 1 days)
to include performance testing of instruments and equipment. The Engineer
will not be responsible for conducting the testing but will observe tests and
procedures performed by the Contractor.
7. Substantial Completion:
The Engineer shall attend substantial completion inspection of the Project with
representatives of the Client and the construction contractor to review the
project for completion and to develop a punch list for final completion
acceptance.
The Engineer shall document and prepare the punch list, if necessary, and
distribute to the Client and Contractor.
8. Final Inspection:
The Engineer shall attend final inspection of the Project with representatives
of the Client and the construction contractor.
9. Record Drawings:
Prepare construction “Record Drawings” based upon mark-ups and
information provided by the construction contractor(s).
EXHIBIT A to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 7
0043842.03
Please note the following:
a. The Engineer shall not at any time supervise or have authority over any
Contractor work or jobsite management procedures, nor shall the
Engineer have authority over or be responsible for the means and
methods, or procedures of construction selected or used by the
Contractor.
b. The Engineer neither guarantees the performance of the Contractor nor
assumes responsibility for the Contractor’s failure to finish and perform
the Work in accordance with the Contract Documents.
c. The Engineer shall not provide or have any responsibility for surety
bonding or insurance-related advice, recommendations, counseling,
research, or enforcement of construction insurance or surety bonding
requirements.
d. The Engineer shall not be responsible for the acts or omissions of the
Contractor or for any decision or interpretation of the Contract
Documents made by the Contractor.
e. While at the site, the Engineer’s employees and representatives shall
comply with the specific applicable requirements of the Contractor’s
safety programs of with the Engineer has been informed in writing.
G. Direct Reimbursable Expenses
1. Included in this item are usual and customary expenses normally incurred
during performance of the services described. These expenses could include
courier delivery charges, copies of existing engineering plans and/or maps,
printing and reproduction (either in-house or by reproduction company) and
mileage.
SPECIAL SERVICES (IF REQUESTED):
H. Construction Observation
1. Westwood shall provide construction observation services related to
construction scope items for the project. This scope includes part time
observation through project acceptance. This scope estimates the need for an
average of eight (8) hours per week of observation through project acceptance.
It is assumed that construction phase requiring construction observation will
be four (4) months in duration. If the construction lasts longer or the average
time on site needs to be greater, than additional services may be warranted,
and will be discussed with the Client for authorization prior to exceeding
budget hourly estimate.
EXHIBIT A to Agreement between the City of Nederland, Texas (“Client”) and
Westwood Professional Services, Inc., (“Westwood”) for Consulting Services
10/7/2025 Page 8
0043842.03
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 9
0043842.03
EXHIBIT ‘B’ – COMPENSATION AND METHOD OF PAYMENT
NEDERLAND WASTEWATER TREATMENT PLANT SLUDGE DEWATERING CENTRIFUGE REHABILITATION
COMPENSATION:
For all professional services included in EXHIBIT ‘A’, Scope of Services, Westwood shall
be compensated a fee of $239,609.20 as summarized below. The total lump sum and
hourly 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. Project Management & Coordination $17,710.00
B. Survey Services $8,000.00
C. Preliminary Design (60% Submittal) $23,910.00
D. Final Design (90% & 100% Submittals) $87,050.00
E. Bid Phase Services $13,680.00
F. Construction Administration (Hourly, NTE) $54,730.00
G. Direct Reimbursable Expenses $10,000.00
Basic Services SUBTOTAL $215,080.00
Special Services (If Requested)
H. Construction Observation (Hourly, NTE) $22,680.00
I. Direct Reimbursable Expenses $1,849.20
Special Services (If Requested) SUBTOTAL $ 24,529.20
GRAND TOTAL $239,609.20
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.: 0043842.03Client: City of Nederland
Project Title: Centrifuge Rehabilitation
TOTAL TOTAL
MH'S FEEPER PER$260.00 $200.00 $170.00 $85.00 $145.00 $100.00 $135.00 $0.00 $0.00 $0.00 TASK TASK
$17,710.00
2.0 6.0 8.0 $1,540.004.0 2.0 6.0 $1,380.004.0 8.0 12.0 $2,400.00
2.0 2.0 $520.006.5 6.5 $1,690.000.5 4.0 4.5 $810.00
6.0 8.0 14.0 $2,920.0015.0 15.0 30.0 $6,450.00
40.0 43.0 $8,000.00
$8,000.00
$23,910.004.0 8.0 12.0 $2,400.00Coordinate with Electrical & Structural Subconultants 4.0 8.0 12.0 $2,400.006.0 12.0 18.0 $3,600.00
4.0 8.0 40.0 52.0 $8,200.002.0 2.0 4.0 $860.0015.0 15.0 30.0 $6,450.00
20.0 38.0 40.0 $87,050.006.0 12.0 18.0 $3,600.008.0 40.0 120.0 168.0 $26,280.00
6.0 24.0 8.0 38.0 $6,440.002.0 4.0 6.0 $1,200.002.0 4.0 6.0 $1,200.00
$15,000.00$15,000.0015.0 15.0 30.0 $6,450.001.0 4.0 5.0 $940.00
1.0 2.0 3.0 $600.001.0 8.0 40.0 49.0 $7,420.001.0 2.0 16.0 19.0 $2,920.00
43.0 136.6 176.0 8.0 $13,680.0015.0 15.0 30.0 $6,450.001.0 2.0 3.0 $600.00
0.5 1.0 1.5 $300.000.5 1.0 1.5 $300.000.5 0.5 1.0 $215.00
4.0 8.0 12.0 $2,400.001.0 2.0 3.0 $600.003.0 6.0 7.0 16.0 $2,815.00
10.5 15.0 7.0 $54,730.00
15.0 15.0 30.0 $6,450.0045.0 45.0 $7,650.0010.0 20.0 30.0 $6,000.00
$6,000.00*Structural Subconsultant $6,500.004.0 8.0 12.0 $2,400.00
2.5 10.0 12.5 $2,350.0015.0 15.0 30.0 $6,450.004.0 8.0 12.0 $2,400.00
15.0 15.0 30.0 $6,450.002.0 8.0 2.0 12.0 $2,080.00
67.5 144.0 0.0 2.0
181.00 0.00 376.56 0.00 223.00 10.00 0.00 0.00 0.00 0.00 834.50 $205,080.00
10,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $10,000.00
22% 0% 45% 0% 27% 1% 0% 0% 0% 0% 100%$215,080.00
$22,680.00
96.0 96.0 $12,960.00
72.0 72.0 $9,720.00
0.00 0.00 0.00 0.00 0.00 0.00 168.00 0.00 0.00 0.00 168.00 $22,680.000.00 0.00 0.00 0.00 0.00 0.00 1,849.20 0.00 0.00 0.00 $1,849.20
0% 0% 0% 0% 0% 0% 100% 0% 0% 0%100%
$24,529.20
SUMMARY
$205,080.00$10,000.00TOTAL BASIC SERVICES $215,080.00
$22,680.00$1,849.20$24,529.20
$239,609.20
* This service is a structural estimate that will be adjusted once full scope of project is determined.
SPECIAL SERVICES (IF REQUESTED) DESIGN FEE SPECIAL SERVICES (IF REQUESTED) EXPENSESTOTAL SPECIAL SERVICES (IF REQUESTED)
EXPENSE
% of Total HoursTOTAL BASIC SERVICES DESIGN FEE
HOURS SUB-TOTALSEXPENSE
% of Total Hours
BASIC SERVICES DESIGN FEE BASIC SERVICES DIRECT EXPENSES
Field Project Representation
Travel Time
HOURS SUB-TOTALS
Bid analysis and recommendation of award Issued for construction documents
Preparation of 90% Package to Submit to City
Virtual Meeting to Review 90% Package with City
Bid Phase
Issued for bidding construction documents
In-Person Pre-Construction ConferenceSite visits Shop drawing and submittal review
Electrical Subconsultant
Bid AdvertisementBid document distribution
Bidder assistance
In-Person Pre-Bid Meeting
Payment estimates
Interpretations to contractor
Communicate internally among team members
Allocate team resourcesPrepare and submit monthly invoices Prepare and submit baseline project schedule
Coordinate with City
Topo Survey & Scanning
Construction Admin Phase
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
Collect & Review Existing Data
Substantial completion walk through
Final completion walk through
Ensure quality control is practiced
TOTAL SPECIAL SERVICES (IF REQUESTED) DESIGN FEE
Adjust per 90% City CommentsFinalize Documents for 100% Package
Punch List
Record Drawings
Construction Observation
Coordinate with Equipment Vendors
Preparation of Preliminary Site PlanVirtual Meeting to Review Preliminary Site Plan with City
90% & 100% Design
Lead, manage, and direct team activities
60% Design
*Structural Subconsultant
Finalize 90% Plans
Finalize 90% Technical Specs and Contract DocsTCEQ permitting coordination
Electrical Subconsultant
Preparation of 90% OPCC
Survey
Coordinate with Equipment Vendors
Project Management, Coordination & Permitting
In-Person Site Visit
In-Person Site Visit
Bid Opening
In-Person Site Visit
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 11
0043842.03
EXHIBIT ‘D’ – SCHEDULE
NEDERLAND WASTEWATER TREATMENT PLANT SLUDGE DEWATERING CENTRIFUGE REHABILITATION
Westwood is not responsible for delays beyond its control. A preliminary detailed
schedule is attached.
END OF EXHIBIT ‘D’
ID Task Name % Complete Duration Start Finish Predecessors
1 City of Nederland Centrifuge Rehabilitation 0%427 days Thu 1/1/26 Fri 8/20/27
2 Project Kickoff 0%1 day Thu 1/1/26 Thu 1/1/26
3 Design Phase Services 0%187 days Fri 1/2/26 Mon 9/21/26
4 Project Management and Coordination 0%187 days Fri 1/2/26 Mon 9/21/26 2
5 Survey 0%20 days Fri 1/2/26 Thu 1/29/26 2
6 Preliminary Design (60%) Submittal 0%11 days Fri 1/2/26 Fri 1/16/26
7 Collect and Review Existing Data 0%5 days Fri 1/2/26 Thu 1/8/26 2
8 Preliminary Site Plan & Exhibit for Scope Verification 0%5 days Fri 1/9/26 Thu 1/15/26 7
9 Meet with City to Verify Scope 0%1 day Fri 1/16/26 Fri 1/16/26 8
10 Final Design (90% & 100%) Submittals 0%149 days Mon 1/19/26 Thu 8/13/26
11 90% Construction Plans 0%60 days Mon 1/19/26 Fri 4/10/26 9
12 90% Technical Specifications 0%30 days Wed 2/11/26 Fri 4/10/26 11FF
13 90% Contract Specifications 0%30 days Wed 2/11/26 Fri 4/10/26 11FF
14 90% OPCC 0%10 days Wed 3/11/26 Fri 4/10/26 11FF
15 90% QA/QC 0%5 days Mon 4/13/26 Fri 4/17/26 12,11,14,13
16 Revisions after QA/QC 0%5 days Mon 4/20/26 Fri 4/24/26 15
17 Submit 90% Package to City 0%0 days Fri 4/24/26 Fri 4/24/26 16
18 City Review of 90% Package 0%10 days Mon 4/27/26 Fri 5/8/26 17
19 Meet with City on 90% Package 0%0 days Fri 5/8/26 Fri 5/8/26 18
20 Adjustments to 90% Package per City Comments 0%5 days Mon 5/11/26 Fri 5/15/26 18
21 TCEQ Review and Approval 0%90 days Sat 5/16/26 Thu 8/13/26 20
22 100% Construction Plans 0%25 days Mon 5/18/26 Fri 6/19/26 20
23 100% Technical Specifications 0%15 days Mon 5/25/26 Fri 6/19/26 22FF
24 100% Contract Specifications 0%15 days Mon 5/25/26 Fri 6/19/26 22FF
25 100% OPCC 0%5 days Mon 6/8/26 Fri 6/19/26 22FF
26 100% QA/QC 0%2 days Mon 6/22/26 Tue 6/23/26 22,25,24,23
27 Revisions after QA/QC 0%3 days Wed 6/24/26 Fri 6/26/26 26
28 Submit 100% Package to City 0%0 days Fri 6/26/26 Fri 6/26/26 27
29 City Review of 100% Package 0%5 days Mon 6/29/26 Fri 7/3/26 28
30 City Approve 100% Package 0%0 days Fri 7/3/26 Fri 7/3/26 29
31 Bid Phase 0%52 days Fri 7/3/26 Tue 9/15/26
32 City Authorize Bid Advertisement at City Council 0%0 days Fri 7/3/26 Fri 7/3/26 30
33 Bid Process 0%20 days Fri 7/10/26 Thu 8/6/26 32FS+4 days
34 Pre Bid Meeting Onsite 0%1 day Thu 7/30/26 Thu 7/30/26 33FS-6 days
35 Bid Day 0%0 days Thu 8/6/26 Thu 8/6/26 33
36 Bid Analysis 0%5 days Fri 8/7/26 Thu 8/13/26 35
37 Recommendation of Award 0%0 days Thu 8/13/26 Thu 8/13/26 36
38 City Award Contract & Issue NOA at City Council 0%1 day Mon 8/17/26 Mon 8/17/26 37FS+1 day
39 Contracts & Issue NTP 0%21 days Tue 8/18/26 Tue 9/15/26 38,37
40 Construction Phase 0%243 days Wed 9/16/26 Fri 8/20/27
41 NTP & Pre-Construction Conference 0%1 day Wed 9/16/26 Wed 9/16/26 39
42 Centrifuge Submittal & Procurement 0%240 days Sat 9/19/26 Sun 5/16/27 41FS+2 days
43 Electrical Install / Grout / Start Up 0%25 days Mon 5/17/27 Thu 6/10/27 42
44 Substantial Completion 0%1 day Fri 6/11/27 Fri 6/11/27 43
45 Punch List & Final Completion 0%30 days Sat 6/12/27 Sun 7/11/27 44
46 Final Construction Paperwork 0%15 days Mon 7/12/27 Fri 7/30/27 45
47 Record Drawings 0%15 days Mon 8/2/27 Fri 8/20/27 46
4/24
5/8
6/26
7/3
7/3
8/6
8/13
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunQtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027
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
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Deadline
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Page 1
Project: City of Nederland Wastewater Treatmant Plant Centrifuge Rehabilitation
Date: Wed 10/8/25
The project start date is
contingent upon NTP
PUBLIC HEARING NOTICE
CITY OF NEDERLAND
TEXAS GENERAL LAND OFFICE – HURRICANE HARVEY INFRASTRUCTURE
GRANT CLOSEOUT
The City of Nederland will conduct a public hearing at 5:30 pm on November 17, 2025, at the
Nederland City Hall, 207 N. 12th Street, Nederland, Texas). The purpose of this hearing is to
review the City’s completion and closeout of its Hurricane Harvey Infrastructure Grant
funded through the Texas General Land Office (GLO) Community Development Block
Grant – Disaster Recovery (CDBG-DR) Program.
The City of Nederland received CDBG-DR Contract No. 20-065-149-C905 in the amount of
$4,259,659.00 to assist with infrastructure repairs and improvements caused by Hurricane
Harvey. Activities funded under this program included street and drainage improvements along
Nederland Avenue and Hilldale.
This hearing will provide residents with an opportunity to comment on the program’s
performance, expenditures, and outcomes prior to closeout submission to the GLO.
Summary of Program Activities
• Funds in the amount of $3,234,836 (est.) were expended. The remaining balance
will be de-obligated (TBD by GLO).
Closeout Activities
The public hearing marks the final step in the citizen participation process for the
closeout of this CDBG-DR grant. The program is completing its final administrative and
reporting requirements with the Texas GLO, including:
• Final financial audit and reporting.
• Certification of program completion.
• Delivery of requested records.
Public Comment
Citizens are invited to attend and comment on the closeout of the CDBG-DR Buyout
Program. Written comments may also be submitted prior to the public hearing.
• To Submit Written Comments: Send comments to Vivian Ballou at
vballou@gmjinc.com.
• Comment Deadline: All written comments must be received by November 20,
2025.
All residents are encouraged to attend. Persons with disabilities or those who require special
accommodation should contact the City at least 48 hours prior to the hearing so that appropriate
arrangements can be made.
For additional information, please contact Vivian Ballou, Grant Administrator at
vballou@gmjinc.com or 409-719-7657.
This notice is being posted and published in accordance with the Texas General Land Office’s
CDBG-DR grant closeout requirements.
Published on: City of Nederland website
RESOLUTION NO. 2025-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEDERLAND, TEXAS, AUTHORIZING THE CITY’S
PARTICIPATION IN THE 1033 PROGRAM
ADMINISTERED BY THE DEPARTMENT OF DEFENSE
WHEREAS, the Defense Logistics Agency administers and manages the 1033 Program that allows the transfer of excess Department of Defense (“DOD”) property to federal, state and local law enforcement agencies; WHEREAS, the City of Nederland, Texas (the “City”) desires to join and participate in the 1033 Program administered by the Defense Logistics Agency; WHEREAS, once a part of the 1033 Program, the City can review available excess DOD inventory that is suitable for law enforcement and make requests for property through the state coordinator; WHEREAS, the City finds that participation in the 1033 Program will create opportunities for potentially substantial savings if it is transferred excess DOD property for use in law enforcement; and WHEREAS, the City Council finds that participation in the 1033 Program is for a valid public purpose and is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF NEDERLAND, TEXAS THAT:
Section I. The City Council finds that the recitals set forth above are
incorporated herein for all purposes and are found to be
true and correct.
Section II. The City is hereby authorized to join and participate in
the 1033 Program administered by the Defense Logistics
Agency. The Interim City Manager, or his successor, is
hereby authorized to execute such documents as are
appropriate and necessary to implement the City’s
participation in the 1033 Program.
Section III. It is hereby officially found and determined that the
meeting at which this resolution is passed is open to the
public and that public notice of the time, place and
purpose of said meeting was given as required by law.
Section IV. This Resolution shall take effect immediately upon its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL of the City of
Nederland, Texas this the 17TH day of NOVEMBER, 2025.
_______________________________
Jeffrey P. Darby, Mayor
ATTEST:
_______________________________
Joni Underwood, City Clerk
APPROVED AS TO FORM:
_______________________________
Chris Leavins, City Attorney