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BCRUA-2025-003 - 1/22/2025 RESOLUTION NO. BCRUA 2025-003 WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to retain engineering services for the BCRUA Asset Management Plan Phase 2 Project; and WHEREAS, Walker Partners has submitted a Contract for Engineering Services to provide said services;and WHEREAS, the BCRUA desires to enter into said contract with Walker Partners, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY: That the Board President is hereby authorized and directed to execute on behalf of the BCRUA a contract for engineering services with Walker Partners for the BCRUA Asset Management Plan Phase 2 Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The Board hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 22nd day of January, 2025. v/ 6 NA'COLE fROMPS014,President Brushy Creek Regional Utility Authority A EST: RE FLORES, S retary 0330A634-A;4927-6648-5007 EXHIBIT "A» ' BRUSHY CREEK REGIONAL UTILITY AUTHORITY A Pa r r n,r,h Ip e( C,d,r ►a,k, L„nd•r, and Round R.ek BRUSHY CREEK REGIONAL UTILITY AUTHORITY CONTRACT FOR ENGINEERING SERVICES FIRM: WALKER PARTNERS ("Engineer") ADDRESS: 6504 Bridge Point Parkway, Suite 200,Austin,TX 78730 PROJECT: BCRUA Asset Management Plan Phase 2 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on this the day of , 2025 by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas local government corporation,whose offices are located at 221 East Main Street, Round Rock,Texas 78664-5299,(hereinafter referred to as"BCRUA"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, BCRUA and Engineer desire to contract for such professional engineering services; and WHEREAS, BCRUA and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev.02/22 0140.4634-70;4926-8286-2351 196074 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto(which exhibits are hereby incorporated into and made a part of this Contract)and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 BCRUA SERVICES BCRUA shall perform or provide services as identified in Exhibit A entitled`BCRUA Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by BCRUA and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule,through no fault of Engineer,Engineer may submit a timely written request for additional time,which shall be subject to the approval of the General Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then BCRUA shall have the right to terminate this Contract as set forth below in Article 20. So long as the BCRUA elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed.Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify BCRUA in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by BCRUA to proceed as provided in Article 7. ARTICLE 4 COMPENSATION BCRUA shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work associated with this Contract,in accordance with the Fee Schedule attached hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the actual costs. The maximum amount payable under this Contract, without modification of this Contract as provided herein, is the sum of One Hundred Fifteen Thousand Five Hundred Thirty and No/100 Dollars, ($115,530.00). Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B entitled"Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to BCRUA, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to BCRUA. This submittal shall also include a progress assessment report in a form acceptable to BCRUA. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by BCRUA based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, BCRUA shall make a good faith effort to pay the amount which is due and payable within thirty(30)days.BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to BCRUA, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve 3 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A.,Texas Government Code, payment to Engineer will be made within thirty(30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which BCRUA receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between BCRUA and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant,regulation, or statute prevent BCRUA from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies,materials,or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to BCRUA in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. BCRUA shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the BCRUA has issued a written Notice to Proceed regarding such task. The BCRUA shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM BCRUA's Designated Representative for purposes of this Contract is as follows: Sam Roberts General Manager 221 E. Main Round Rock, TX 78664 Work Number(512) 799-4526 4 Email Address srobertsna bcrua.org BCRUA's Designated Representative shall be authorized to act on BCRUA's behalf with respect to this Contract. BCRUA or BCRUA's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Aaron Archer Vice President Walker Partners 6504 Bridge Point Parkway, Suite 200 Austin, TX 78730 Telephone Number(512) 382-0021 Email Address aarcher(&walkerpartners.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the Engineering Services.At the request of BCRUA or Engineer,conferences shall be provided at Engineer's office,the offices of BCRUA,or at other locations designated by BCRUA. When requested by BCRUA, such conferences shall also include evaluation of the Engineering Services. Should BCRUA determine that the progress in Engineering Services does not satisfy the Work Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise BCRUA in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated,and BCRUA assistance needed to resolve the situation,if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should BCRUA desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by BCRUA giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty(60)days of receipt of written notice from BCRUA to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If BCRUA suspends the Engineering Services,the contract period as determined in Article 3,and the Work Schedule, shall be extended for a time period equal to the suspension period. BCRUA assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by BCRUA for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify BCRUA in writing. In the event BCRUA finds that such work does constitute extra work and exceeds the maximum amount payable, BCRUA shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. BCRUA shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If BCRUA deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by BCRUA. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by BCRUA. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if BCRUA determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or(2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the BCRUA. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the BCRUA authorizes full execution of the written Supplemental Contract and authorization to proceed. BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of BCRUA and shall be furnished to BCRUA upon request. All documents prepared by Engineer and all documents furnished to Engineer by BCRUA shall be delivered to BCRUA upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished BCRUA under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required.All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who,in the opinion of BCRUA, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by BCRUA. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than BCRUA. Engineer may not change the Project Manager without prior written consent of BCRUA. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from BCRUA. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by BCRUA prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES BCRUA, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of BCRUA or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by BCRUA before any final report is issued. BCRUA's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMSIBREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By BCRUA,by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By BCRUA, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should BCRUA terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, BCRUA shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should BCRUA terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30) days. If Engineer defaults in the performance of this Contract or if BCRUA terminates this Contract for fault on the part of Engineer, then BCRUA shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to BCRUA, the cost to BCRUA of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to BCRUA of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of BCRUA and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled"Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then BCRUA may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to BCRUA for any additional and reasonable costs incurred by BCRUA. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable state,federal and local laws,statutes, codes,ordinances,rules and regulations,and the orders and decrees of any court,or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish BCRUA with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made for ordinary business purposes. (3) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars($100,000.00)unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate during the term of the contract against a 9 firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. (4) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00)unless the contract has a provision in the contract verifying that it: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. (5) Taxes. Engineer will pay all taxes,if any,required by law arising by virtue of the Engineering Services performed hereunder. BCRUA is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless BCRUA and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold BCRUA harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise defending claims or liabilities which may be imposed on BCRUA as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions,or negligent acts, and same shall be done without compensation. BCRUA shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. 10 ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to BCRUA in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons,other than a bona fide employee working solely for Engineer,to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,commission,percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, BCRUA reserves and shall have the right to annul this Contract without liability or,in its discretion and at its sole election,to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to BCRUA. Engineer shall also notify BCRUA, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26,Section(1)above,including the required provisions and additional policy conditions as shown below in Article 26, Section(3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. BCRUA shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. 11 (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA by certified mail to: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by BCRUA, to any such future coverage, or to BCRUA's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with BCRUA. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS BCRUA shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto,their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract,in whole or in part,by operation of law or otherwise,without obtaining the prior written consent of BCRUA. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 12 ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between BCRUA and Engineer, shall be kept on a generally recognized accounting basis and shall be available to BCRUA or its authorized representatives at mutually convenient times. The BCRUA reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: BCRUA: Brushy Creek Regional Utility Authority Attention: BCRUA General Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets BCRUA Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Aaron Archer Vice President Walker Partners 6504 Bridge Point Parkway, Suite 200 Austin, TX 78730 13 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to BCRUA due to Engineer's negligent failure to perform BCRUA may accordingly withhold,to the extent of such damage,Engineer's payments hereunder without waiver of any of BCRUA's additional legal rights or remedies. (2) Force Majeure. Neither BCRUA nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering,consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals,bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. 14 ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing BCRUA to enter into this Contract. IN WITNESS WHEREOF, the BCRUA of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized BCRUA Manager or Mayor,as has Engineer, signing by and through its duly authorized representative(s),thereby binding the parties hereto,their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. [signature page follows] 15 WA;Piriined AR S By: o Principal Name: Aaron Archer 16 BRUSHY CREEK REGIONAL UTILITY AUTHORITY APPROVED AS TO FORM: By: Na'cole Thompson, BCRUA President Stephan L. Sheets, BCRUA Attorney ATTEST: By: Rene Flores, BCRUA Secretary 17 LIST OF EXHIBITS ATTACHED (1)Exhibit A BCRUA Services (2)Exhibit B Engineering Services (3) Exhibit C Work Schedule (4)Exhibit D Fee Schedule (5)Exhibit E Certificates of Insurance 18 EXHIBIT A BCRUA SERVICES In addition to the other responsibilities of OWNER as set forth in this Agreement, the OWNER shall, at its expense: A. Review and comment on all deliverables. OWNER will provide a single set of consolidated OWNER review comments on all deliverables. B. Participate in project meetings as described in the scope of services. C. Authorize ENGINEER to provide Additional Services as set forth in this Agreement as required. 1/8/2025 (A)Walker Partners engireers + surveyors EXHIBIT B ENGINEERING SERVICES GENERAL The Project generally consists of providing assistance to create summarized documentation of vertical asset data for use in future implementation of an asset management plan database to improve plant operations efficiency. Equipment data, shop drawings, and Operations and Maintenance Manuals are available to create a summarized asset list from the following projects: Phase 1A Water Treatment Plant(WTP) Project, Phase 1C WTP Expansion Project, and Phase ID WTP Expansion Project. The primary tasks of this agreement include: 1.0 Project Management, Coordination and Meetings 2.0 Prepare Asset Hierarchy of Vertical Assets ASSUMPTIONS 1. It is assumed that all deliverables in the present scope will be updated to include the Phase 2A WTP Expansion Project by amendment or separate contract during construction of Phase 2A. BASIC SCOPE OF SERVICES Task 1.0 - Project Management, Coordination, and Meetings 1.1 Project Administration. Provide administration and management of the project. 1.1.1 Manage and coordinate staff resources and project planning. Assign qualified and experienced personnel in a timely manner to project activities and coordinate the efforts of such personnel to comply with budget, schedule, scope, and quality. 1.1.2 Prepare and submit monthly invoices and project progress reports. As a minimum, monthly progress reports shall include a summary description of tasks completed as of the report date, financial status of the project, status of schedule for project, and identification of technical or other issues which may have an impact to the overall project budget and/or schedule. 1.1.3 Facilitate document control and document sharing for electronic filing of documents. 1.2 Project Meetings. Attend up to thirteen meetings with the OWNER. 1.2.1 Attend up to five (S) meetings with the OWNER to collect information, interview operations personnel, and review deliverables. Up to three (3) meetings will take place in person and remaining meetings will be virtual. 1.2.2 Facilitate eight (8) meetings as outlined below: 1.2.2.1 Two (2) virtual meetings with a CityWorks representative, one before and one after meeting with nearby city Asset Management Plan Administrators (AMPAs) 1/8/2025 (9)Walker Partners engineers * surveyors 1.2.2.2 Two (2) virtual meetings with an Infor representative, one before and one after meeting with nearby city AMPAs 1.2.2.3 One (1) in person half day meeting with the Brazos River Authority AMPA to review the role and NexGen system with the proposed BCRUA AMPA 1.2.2.4 One (1) in person half day meeting with the City of Round Rock AMPA to review the CityWorks AMP 1.2.2.5 One (1) in person half day meeting with the City of Georgetown AMPA to review the Infor AMP 1.2.2.6 One (1) in person half day meeting with the City of Austin AMPA to review the Infor AMP Task 1.0 Deliverables ■ Monthly invoices and project progress reports ■ Meeting agendas and summaries (as required) Task 2.0 - Prepare Asset Hierarchy of Vertical Assets 2.1 Prepare an asset hierarchy of up to 200 major vertical assets associated with the WTP based on further research of the Authority's plan set and equipment manufacturer documentation. 2.1.1 Organize O&Ms, plan sets, and submittals in a single location. 2.1.2 Summarize all vertical assets in a format easily transferrable to an Asset Management Plan database such as CityWorks, Infor, eBuilder, or Nexgen 2.1.3 Linear asset systems shall be listed as a single line item (approximately 5 total). Full implementation of a GIS based linear asset management plan is excluded from the presentation and will be implemented as a separate contract. 2.1.4 Assumptions: An existing equipment list prepared by otherswill be provided for update and modification. Task 2.0 Deliverables ■ Asset Hierarchy with Index—Excel Format • Folder of O&Ms, Plan Sets, and Shop Drawing details 1/8/2025 (Affalker Partners gineers * surveyors EXHIBIT C WORK SCHEDULE The Basic Scope of Services as set forth in Exhibit B will be performed as follows. ENGINEER'S receipt of an executed copy of this agreement will serve as authorization or notice to proceed (NTP). Task Duration 1.0 Project Management, Coordination, Meetings 5 months from NTP 2.0 Prepare Asset Hierarchy of Vertical Assets 5 months from NTP 1/8/2025Walker Partners engineers + surveyors EXHIBIT D FEE SCHEDULE Total compensation for Basis Services set forth in Exhibit B is estimated to be $115,530.00. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit B on the basis of Standard Hourly Rates as described in Paragraph 1.0. ENGINEER'S labor and fee summary is attached as Attachment 1 to Exhibit D. 1.0 OWNER shall pay ENGINEER for Basic set forth in Exhibit B as follows: A. An amount equal to the cumulative hours charged to the Project by each class of Engineer's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer's Consultants' charges, if any. B. The Standard Hourly Rates charged by Engineer constitute full and complete compensation for Engineer's services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or Engineer's Consultants' charges. C. Engineer's Standard Hourly Rates are attached to this Exhibit D as Attachment 2. D. The total compensation is estimated to be $115,530.00. E. Engineer shall not exceed the total estimated compensation amount unless approved in writing by Owner. F. If it becomes apparent to Engineer that the compensation amount for Engineer's services will be exceeded, Engineer shall give Owner written notice thereof for review of the matter. G. The amounts billed for Engineer's services under Paragraph 1.0 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultants' charges. 1/8/2025 @wAker Partners engineers * surveyors Attachment 1 to Exhibit D Brushy Creek Regional Utility Authority(SCRUA) PmjeHct Pse Summary Asset Management Plan•Part 1A Basic t1•nr1•s ft 75,530 IAM25 I Eats Services Detailed Cost Breakdown Total Project St 15,570 Basic Services Employ" Abrr Scam stun Ardn.en campea Total Labor Total Expense Task Position FNcpel a 6.,1.,PE En Aexn Total HoursEffort Effort Total Sub Effort Total Effort Tasks 1 Cun•nt Hudy Bt Rate+ $350 $290 $250 $110 $90 LO PrOJW Management,Coordination,Meednp 12 w 2 63 f 10,630 $ 961 $ - f 17,591 2A Pre ns Asset HeirarCh of Verkal Assets 16 5 162 262 5 170 $ 87,439 $ $ 10,500 $ 97,939 Tota]Basic Services Hours 28 5 211 262 7 637 f 101099 f 991 f 10,50 f 115530 Task Expenses Mil.. Meals Other Other aher Total Expenses Expense Cost $ O.ee S 1.00 1.0 Project Management,Coordination,Meetings 5505011 $ 918 2.0 Prepare Asset Heirarch of Verital Assets S - Total Expenses Effort S 390 S 626 S f S f 616 Task Subconsultants MdOm and Creed Total Sub Effort 1.0 Pro)ect Management,Coordination,Meetings S - 2.0 Prepare Asset Heirarchy of Verkal Assets 10,000 S 10,500 Total Subconsuhams Effort 10 500 Is Is S S 10600 t of 1 1/62025 )Talker Partners Attachment2toExhibitD gineers I surveyors Standard Hourly Rates Schedule Standard Hourly Rates are subject to annual review and adjustment. Hourly rates for services in effect on the date of the Agreement are: Classification Rate Classification Rate Managing Principal $350/hour Project Surveyor I $85/hour Manager VII $300/hour Professional VII $150/hour Manager VI $290/hour Professional VI $130/hour Manager V $270/hour Professional V $125/hour Manager IV $255/hour Professional IV $124/hour Manager III $240/hour Professional III $120/hour Manager II $225/hour Professional II $115/hour Manager I $205/hour Professional I $105/hour Senior Engineer V $290/hour Construction Manager X $315/hour Senior Engineer IV $275/hour Construction Manager IX $300/hour Senior Engineer III $250/hour Construction Manager VIII $180/hour Senior Engineer II $225/hour Construction Manager VII $150/hour Senior Engineer I $200/hour Construction Manager VI $140/hour Survey Manager IV $225/hour Construction Manager V $115/hour Survey Manager III $210/hour Construction Manager IV $105/hour Survey Manager II $170/hour Construction Manager III $100/hour Project Manager IX $245/hour Construction Manager II $95/hour Project Manager VIII $230/hour Construction Manager I $80/hour Project Manager VII $215/hour Technician XII $185/hour Project Manager VI $200/hour Technician XI $160/hour Project Manager V $185/hour Technician X $150/hour Project Manager IV $175/hour Technician IX $140/hour Project Manager III $165/hour Technician VIII $125/hour Project Manager II $150/hour Technician VII $115/hour Project Manager I $140/hour Technician VI $100/hour Senior Design Engineer III $150/hour Technician V $95/hour Senior Design Engineer II $140/hour Technician IV $80/hour Senior Design Engineer I $125/hour Technician III $75/hour Project Engineer IV $165/hour Technician II $65/hour Project Engineer III $160/hour Technician I $60/hour Project Engineer 11 $150/hour Support Staff VI $120/hour Project Engineer I $140/hour Support Staff V $100/hour Project Surveyor X $185/hour Support Staff IV $90/hour Project Surveyor IX $175/hour Support Staff III $80/hour Project Surveyor VIII $160/hour Support Staff II $75/hour Project Surveyor VII $150/hour Support Staff I $60/hour Project Surveyor VI $140/hour 4-Man Crew $240/hour Project Surveyor V $130/hour 3-Man Crew $225/hour Project Surveyor IV $120/hour 2-Man Crew $165/hour Project Surveyor III $110/hour 1-Man Crew $145/hour Project Surveyor II $100/hour EXHIBIT E CERTIFICATE OF INSURANCE 1/8/2025 OlFenalker Partners gineers * surveyors AC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1/14/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: WhitneyMelton Acrisure Texas Risk Advisors&Insurance Services, LLCPHONE 254-679-5250 FA No: 5057 Keller Springs Rd. Suite 200 E-MAIL Addison TX 75001 ADDRESS: wmelton@acrisure.com INSURERS AFFORDING COVERAGE NAIL 0 INSURER A:Cincinnati Casualty Company 28665 INSURED WALKPAR-01 INSURERS:Texas Mutual Insurance Company 22945 Walker Partners, LLC 823 Washington Ave, Ste 100 INSURER C:StarStone Specialty Insurance Company 44776 Waco TX 76701-1252 INSURER D:Beazley Insurance Company Inc. 37540 rINSURERS: State National Insurance Company,Inc. 12831 INSURER F: COVERAGES CERTIFICATE NUMBER:941349597 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I D)WVnLSUBRI POLICY NUMBER MM/DDPOLICY EFF MM/DD POLICY YY LTR LIMITS A X COMMERCIAL GENERAL LIABILITY EPP 0266941 7/30/2024 7/30/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO REN=__ CLAIMS-MADE FX7 OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY FX7 JECT 71X] LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EBA 0266941 7/30/2024 7/30/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident _ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EPP 0266941 7/30/2024 7/30/2025 EACH OCCURRENCE $5.000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED 1 X i RETENTIONS n $ B WORKERS COMPENSATION 0001226901 7/30/2024 7/30/2025 X PER OTH_ STATUTE I I ER AND EMPLOYERS'LIABILITY YIN - ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NI NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1.000,000 If yes,describe under -- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability 7512OU241ALI 7/30/2024 7/30/2025 XLIA Each O=Aggg 5,000,000 D Prof/Poll Liab C11 CD0241401 7/30/2024 7/30/2025 POLL Each Claim/Agg 5,000,000 E Cyber Liability EHJ-ADN02033641 7/30/2024 7/30/2025 Aggregate Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) -Additional Insured endorsement for General Liability,Auto Liability,Umbrella Liability,&Excess Liability attached. -Waiver of Subrogation endorsement for General Liability,Auto Liability,Workers'Compensation,Umbrella&Excess Liability attached. -30 Day Notice of Cancellation endorsement for General Liability,Auto Liability,Umbrella Liability&Workers'Compensation attached. -Notice of Cancellation endorsement for Professional Liability available upon request. -Primary&Non-Contributory endorsement for General Liability,Auto Liability,Umbrella Liability&Excess Liability attached. Professional Liability Policy Retroactive Date:07/30/2004. Project:Asset Management Plan CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Brushy Creek Regional Utility Authority 221 E. Main Street, Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE y Irwin ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city. state and country of the business entity's place Certificate Number: of business. 2025-1257680 Walker Partners, LLC Waco,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/15/2025 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract 0140.4634-70;4926-8286-2351 Professional civil engineering services for the Asset Management Plan Phase 2 Project. 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Walker,Jr.,George E Waco, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is George E.Walker,Jr. and my date of birth is_- My address is 823 Washington Ave.,Ste.100 Waco TX 76701 , US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in McLennan County, State of Texas on the_15"' day of January 20 25 (month) (year) Signature of aufhonzed agent of contracts usiness entity (Declarant) 17 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.5dd2ace2 CERTIFICATE OF INTERESTED PARTIES FORM 129 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are nc interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2025-1257680 Walker Partners, LLC Waco,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/15/2025 being filed. Brushy Creek Regional Utility Authority Date Acknowledged: 01/16/2025 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 0140.4634-70;4926-8286-2351 Professional civil engineering services for the Asset Management Plan Phase 2 Project. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Walker,Jr., George E Waco,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20__ (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.5dd2ace2