Common use of Miscellaneous Terms Clause in Contracts

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider without the prior written approval of the City. F. The Service Provider, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Ph.D., P.E. Attn: ▇▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇P.E. P.O. Box 1000 12357-A Riata Trace ▇▇▇▇, ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇Bryan, ▇▇▇▇▇ ▇▇▇▇▇Texas 77805 Austin, TX 78727 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. Party of the First Part By: ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Attorney ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mayor By: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, P.E., Ph.D ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Secretary Director of Public Works Kean Register, City Manager Party of the Second Part By: Printed Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President Date: Firm’s License No.: F-3043 Witness

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of TexasNorth Carolina. The parties agree that performance and all matters related thereto shall be in Brazos Durham County, TexasNorth Carolina. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇Federal Parking Oracle Elevator ▇▇▇▇ The Service Provider: Attn: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇-▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, @▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City Federal and the Service provider Oracle and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Oracle without the prior written approval of the CityFederal. F. The Service ProviderOracle, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇Federal, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Oracle must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to Reimbursable or other miscellaneous expenses incurred by Oracle shall be bound by included in the terms and conditions of this Contractcontract price; additional payment for such expenses will not be considered.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Symmetry Turf Installations, LLC Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇ (mailing) P.O. Box 1000 ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider without the prior written approval of the City. F. The Service Provider, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇.▇. ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Building Maintenance& ▇▇▇▇▇▇, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ ▇: The Service ProviderFIRM: Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. CFO Specialized Public Finance ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bryan, Texas 77805 ▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider FIRM and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider FIRM without the prior written approval of the City. F. The Service ProviderFIRM, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider FIRM must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the FIRM shall be included in the contract price; additional payment for such expenses will not be considered. H. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, City Attorney Date: ▇▇▇ ▇▇▇▇▇▇▇, Chief Financial Officer Date: ▇▇▇▇ Register, City Manager Date: ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mayor Date: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Secretary Date: (FIRMs – Corporate Seal) By: Printed Name: Title: Date: STATE OF TEXAS § COUNTY OF § ACKNOWLEDGEMENT § This instrument was acknowledged before me on the day of , 2017, by on behalf of . Notary Public in and for the State of Texas Proposal to Provide Financial Advisory Services R TABLE OF CONTENTS December 15, 2016 ▇▇▇▇▇▇ ▇▇▇▇▇, CFA Specialized Public Finance Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 214.373.3911 ▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ Section Page A. Qualifications and Experience 1. Introduction of Firm 3 2. Office Locations 7 3. Experience in Last Thirty-Six Months 8 4. Team Resumes 11 5. Organization of Team 13 6. Municipal Support Staff 15 B. Rates and Expenses 1. Fee Schedule 16 2. Reimbursements 16 3. Statement About Travel Expenses 17 4. Related Expenses 17 5. Other Expenses 17 C. Project Time-line 1. Time-line 18

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: W. ▇▇▇▇ ▇▇▇▇▇▇, P.E. CEC P.O. Box 1000 Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver Revised – 09/2019 5 of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Engineer Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager P.E. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. P.E., PTOE ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇.▇. ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇Attn: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, PhD, PE, PTOE, RSP_ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇P.E. ▇▇▇▇ ▇▇▇▇, P.E. P.O. Box 1000 ▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇, Inc. ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Engineer Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager P.E. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. P.E., PTOE ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. Party of the First Part ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Attorney ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Mayor W. ▇▇▇▇ ▇▇▇▇▇▇, P.E., City Engineer ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Secretary Party of the Second Part ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, P.E., Ph.D ENGINEER: Director of Public Works Date: Firm’s License No.F-16936 Witness Revised – 8/2012 8

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇.▇. ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ -▇▇▇▇ ▇▇▇ ▇▇-Strong, LLC P.O. Box 1000 Attn: ▇▇▇▇ ▇▇▇▇▇▇ , P.E. ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇. ▇▇▇ ▇▇▇, C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, Inc. Attn: W. ▇▇▇▇ ▇▇▇▇▇▇, P.E. Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇, P.E. P.O. Box 1000 ▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇P.E. ▇▇▇▇ ▇▇▇▇, P.E. P.O. Box 1000 ▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇, Inc. ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇., ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or writtenor oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, Inc. Attn: ▇. ▇▇▇▇ ▇▇▇▇▇▇, P.E. Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇, P.E. P.O. Box 1000 ▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. P.E. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Attn: ▇▇▇▇▇ ▇▇▇▇▇Fiscal Services MGT of America Consulting, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. LLC ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ Blvd., Ste. 200 Bryan, Texas 77805 ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider without the prior written approval of the City. F. The Service Provider, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderAgent: Threshold Land Services, Inc. Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇▇▇P.E. Attn: Kimbraugh ▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇.▇▇ ▇▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Agent and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Agent without the prior written approval of the City. F. The Service ProviderAgent, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Agent must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ ▇: The Service ProviderFIRM: Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building MaintenanceBKD, Inc. LLP P.O. Box 1000 ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement agreement, as attached in Exhibit B between the City and the Service provider FIRM and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider FIRM without the prior written approval of the City. F. The Service ProviderFIRM, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider FIRM must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the FIRM shall be included in the contract price; additional payment for such expenses will not be considered. H. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. I. Pursuant to Texas Government Code 2270.002, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification the company that it: (1) does not boycott Israel: and (2) will not boycott Israel during the term of the contract

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. P.E. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building MaintenanceR.E.C. Industries, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇.▇▇ ▇▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider without the prior written approval of the City. F. The Service Provider, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Engineer Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager P.E. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. P.E., PTOE P.O. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ Bryan, Texas 77805 Katy, TX 77494 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderAgent: Threshold Land Services, Inc. Attn: W. ▇▇▇▇ ▇▇▇▇▇▇, P.E. Attn: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. P.O. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇ ▇▇▇▇▇Bryan, Texas 77805 College Station, TX 77840 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Agent and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Agent without the prior written approval of the City. F. The Service ProviderAgent, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Agent must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, Ph.D., P.E. Attn: ▇▇▇▇▇ ▇▇▇▇▇▇, Facility Manager P.E., BCEE P.O. Box 1000 ▇▇▇▇▇▇▇-▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. Party of the First Part ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, City Attorney ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Mayor By: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, P.E., Ph.D ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Secretary Director of Public Works ▇▇▇▇ Register, City Manager Party of the Second Part By: Printed Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, P.E. Title: Vice President Date: Firm’s License No. TBPE No. F-3043 The City of ▇▇▇▇▇ (Bryan) currently has 12 water supply ▇▇▇▇▇ in the Simsboro and Sparta Aquifers; ten actively used ▇▇▇▇▇ and two inactive ▇▇▇▇▇. Aquifer Storage Recovery (ASR) has been identified as a viable water management strategy for the City. The recharge objective is to store surplus groundwater into a suitable aquifer(s) when demand is lower, and to recover the stored groundwater during periods of drought and high demand periods during the summer. An initial assessment of the hydrogeology in the vicinity suggests the Sparta, Queen City, and ▇▇▇▇▇▇▇-▇▇▇▇▇▇ (Simsboro) Aquifers are potential subsurface formations that could be used for ASR. Relatively limited experience exists with the development of ASR systems in Texas, therefore prior to implementing a full scale ASR system, the City proposes to pilot test a single well. In order to reduce costs the City is considering retrofitting an existing well for testing. Well #10, one of two ▇▇▇▇▇ which are currently inactive, has been identified as being potentially suitable. However prior to proceeding further, its suitability needs to be more reliably confirmed. Well #10 intersects the Simsboro aquifer, and although water withdrawn from this aquifer is hot (about 115 degrees Fahrenheit) and will require cooling prior to distribution, fortunately the City owns and operates a cooling and water treatment facility (Site) near this well. Preliminary discussions between the Engineer and City have therefore identified the location of the cooling and treatment facility as viable for an ASR pilot study. Engineer proposes a phased approach for developing ASR as a water supply alternative for the City. The approach includes the following broad phases:  Phase 1 Initial Assessment - The Initial Assessment includes the collection and evaluation of existing data to identify the most feasible aquifer and site location for a pilot test as well as the development of a conceptual design for the pilot test.  Phase 2 ASR Pilot Test - Conduct an ASR pilot test to confirm the feasibility of the selected aquifer and site location for an ASR system. The pilot test would include retrofitting an existing well (if feasible) for pilot testing and/or monitoring, drilling and constructing an ASR pilot test well, associated monitoring ▇▇▇▇▇, pumping and injection testing, and pilot test data evaluation.  Phase 3 Refine ASR Strategy – Once the feasibility of an ASR project has been confirmed, collect additional field data (if necessary) to fill identified data gaps, conduct aquifer modeling to evaluate impacts of varying injection rates, injection location, annual withdrawals from the aquifer. More detailed water quality compatibility evaluations would also be conducted if recommended in the feasibility study.  Phase 4 ASR System Design and Construction  Phase 5 ASR Operation and Maintenance This proposal outlines the scope of work, schedule, and budget for conducting the Initial Assessment (Phase 1), and Single Well Pilot Study (Phase 2). It assumes that Well#10 is suitable for conversion. The implementation of Phase 2 and subsequent phases will be based on the results and recommendations from the Initial Assessment.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. P.E. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition.. Revised – 09/2019 5 D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇W. ▇▇▇▇ ▇▇▇▇▇▇, Facility Manager P.E. Attn: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, P.E. P.O. Box 1000 ▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.. Party of the First Part By: ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Attorney ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Mayor Prepared and Recommended: Attest: By:

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: Attn: Facility Svcs – ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Elevator Company P.O. Box 1000 ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider without the prior written approval of the City. F. The Service Provider, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service Provider: ▇▇▇▇▇ Sports Lighting Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇ ▇▇▇ ▇▇▇. ▇▇▇▇▇▇ Building Maintenance, Inc. ▇ ▇.▇. ▇▇▇ ▇▇▇▇ ▇.▇▇ ▇▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇, ▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider without the prior written approval of the City. F. The Service Provider, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇▇▇, P.E. P.O. Box 1000 12357-A Riata Trace ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ Bryan, Texas 77805 Austin, TX 78727 C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. Party of the First Part By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, City Attorney ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Mayor By: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, P.E., Ph.D ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Secretary Director of Public Works Kean Register, City Manager Party of the Second Part By: Printed Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Vice President Date: Firm’s License No.: F-3043

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: ▇▇▇▇ ▇▇▇▇▇▇ Attn: ▇▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇P.E., BCEE P.O. Box 1000 12357-A Riata Trace Pkwy, Suite 210 Bryan, Texas 77805 ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. Party of the First Part By: ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Attorney ▇▇▇▇▇▇ ▇▇▇▇▇▇, Mayor By: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Secretary Treatment & Compliance Manager ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, P.E., Ph.D. Party of the Second Part Director of Public Works ENGINEER: By: Printed: ▇▇▇▇ Register, City Manager Title: Date: Firm’s License No.: The City of Bryan, TX (herein referred to as “the CITY”) Thompsons Creek WWTP, ▇▇▇▇▇▇ Creek WWTP and Still Creek WWTP are currently monitored and controlled via ▇▇▇▇▇▇▇▇▇ Electric Citect version 7.4 HMI systems. This HMI software is installed on various computers throughout each plant and currently operates on the Windows Server 2008 or Windows 7 operating systems depending on the location and computer. The CITY is coordinating a general upgrade of Windows machines to Windows Server 2016 or Windows 10. Because Citect version 7.4 is not compatible with Windows Server 2016, the CITY would like to upgrade their HMI software to Citect SCADA 2018. The new HMI software would be installed on new computers containing the compatible Windows Server 2016 or Windows 10 operating systems as appropriate. The CITY is currently using ▇▇▇▇▇▇▇ Instruments’ dial-out alarming software WIN-911 Enterprise edition at all three WWTPs. This software will require a version upgrade to be compatible with Windows Server 2016 and Citect SCADA 2018. Because of the wide use of the data being collected and stored by the Citect system, it is planned to move to a more generalized reporting software package than is provided by Citect. The XL Reporter package offered by SyTech is an industry-standard package widely used for generating reports from SCADA systems. It uses standard spread-sheet commands and layouts common to the office environment. It would be installed, configured, and tested as part of this upgrade effort. Citect SCADA 2018 no longer has a unique historian but instead uses the Wonderware Historian. Utilities for migration of the existing historian to the compatible Wonderware Historian are provided by Citect. The legacy Historian would be migrated to the new Historian as part of this upgrade effort.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ ▇: The Service ProviderFIRM: Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇ LLP P.O. Box 1000 ▇, Facility Manager ▇▇ ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ., ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇-▇▇▇-▇▇▇▇ (phone) ▇▇▇-▇▇▇-▇▇▇▇ (fax) C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider FIRM and supersedes all prior contracts, negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider FIRM without the prior written approval of the City. F. The Service ProviderFIRM, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider FIRM must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. Reimbursable or other miscellaneous expenses incurred by the FIRM shall be included in the contract price; additional payment for such expenses will not be considered. H. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.

Miscellaneous Terms. A. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. B. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: The City of ▇▇▇▇▇ The Service ProviderEngineer: Attn: W. ▇▇▇▇ ▇▇▇▇▇▇, P.E. ▇▇▇▇ ▇▇▇▇▇, Facility Manager ▇▇▇▇▇▇▇▇ Building Maintenance, Inc. P.E. ▇.▇. ▇▇▇ ▇▇▇▇ ▇.▇▇ ▇▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ C. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. D. This Contract represents the entire and integrated agreement between the City and the Service provider Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. E. This Contract and all rights and obligations contained herein may not be assigned by the Service Provider Engineer without the prior written approval of the City. F. The Service ProviderEngineer, its agents, employees, and subcontractors must comply with all applicable federal and state laws, the charter and ordinances of the City of ▇▇▇▇▇, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Service Provider Engineer must obtain all necessary permits and licenses required in completing the work and providing the services required by this Contract. G. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract.. Party of the First Part By: ▇▇▇▇▇ ▇▇▇▇▇▇▇, City Attorney ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Mayor Prepared and Recommended: Attest: By: