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Home My WebLink AboutRes 16-06 Amending the Budget to Execute an Agreement with Hardin and Associates for TCEQ Regulatory Compliance Consultation TOWN OF WESTLAKE RESOLUTION NO. 16-06 A RESOLUTION OF THE T4WN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE BUDGET TO PROVIDE FUNDING AND ENTERING INTO AN AGREEMENT WITH HARDIN & ASSOCIATES CONSULTING, LLC {HAC) FOR TCEQ REGULATORY COMPLIANCE CONSULTATION IN THE AM4UNT OF $44,060.00; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the state and federal government have established water quality standards to ensure water purveyors provide a safe and adequate supply of water to citizens and water customers within their geographic service area; and WHEREAS,the Town Council of the Town of Westlake desires ta provide safe drinking water to its citizens and custamers; and WHEREAS, the development and implementation of a Nitrification Action Plan, Sample Siting Plan, and Cross Connection Control Program are regulatory mandates that are necessary to protect the life, safety, and welfare of Westlake citizens and customers and is sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town Council finds the proposed agreement with Hardin & Associates provides the necessary capacity to satisfy the state and federal regulatory requirements; ai�d WHEREAS, the costs associated with the proposed contract is not included in the adopted FY 2015/2016 budget; and WHEREAS, the Town Council finds that funding is necessary to successfully implement the mandates and that funding is appropriate and further amends the adopted FY 15/16 budget to include funding of$44,060; and. WHEREAS, the Tawn Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREF4RE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN 4F WESTLAKE, TEXAS: SECTION l: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Resolution 16-46 Page 1 of 2 SECTION 2: The Town Council of the Town of Westlake hereby approves the budget amendment of$44,060 to the adopted FY 15/16 budget. SECTION 3: The Town Council of the Town of Westlake hereby approves the agreement with Hardin & Associates consulting, LLC for TCEQ Regulatory Compliance Consultation, attached as Exhibit "A", and further autharizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of campetent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION S: That this resolution shall become effective fram and after its date of passage. PASSED AND APPROVED ON THIS 22�D DAY OF FEBRUARY, 2016. � ,�� 1 � �",��..�`��.��r°�d.��f Laura � heat, Mayor ATTEST: �.�,�!�_ �._�,� ��i�.�� "'/ Kelly�Edwa `, Town Secretary Thomas E. B er, own Manager APPROV r S TO . �aOF.W�sr�y f � . .�� . ;� : � � � ��. L t n L r , ow Attorney T��PS Resolution 16-06 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORnn 1295 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 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. 2016-14366 Hardin and Associates Consulting LLC Irving,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 02/17/2016 being filed. Town of Westlake Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 2016-01 consulting services 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT ````��T B ��,' I swear,or affirm,under enalty of perjury,that the above disclosure is true and correct. ♦ �` ....... // �i `�,Q.•�.��'(AHY p`e`:��/�' � ; ��; �j� � � *. � : N� / ' ' /.r� - � = N� : # � i � ; y�.F +��, � � Sig ture of authorized agent of contracting business entity �9A: F UF'tE • �� AFFIX NOT/��%�NIf+�3E'¢��1/E I��',,�O� 'Z`,``�� Swom to and subscribecfbe'ore me,by the said �`�rU''� �'i- ��^��^ �� ,this the � 7�j� day of �, %+AG� 20 � � ,to certify which,witness my hand and seal of office. � , ---- � � , I � j � ��.,�-�� '' ��,t l Gn2 �� I G:I,��, � � �v��c,rr�j �"J`^ C ��,. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oat�i Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 January 28,2016 Town of Westlake Public Works Department Attn: Jarrod Greenwood, Public Works Director 3 Village Cir. Westlake, Texas 76262 Subject: Master Service Agreement for TCEQ Regulatory Compliance Assistance Per our discussion, please see the enclosed Master Service Agreement (MSA) between the Town of Westlake and Hardin & Associates Consulting LLC (HAC) for providing professional consulting services for TCEQ required public water system compliance projects as requested. We val�ie our business relationship with the Town of Westlake and are pleased to have the opportunity to assist you as needed. I have enclosed an original MSA for your review and approval. If acceptable, please send back a signed copy of the executed MSA to my attention to the following address: Hardin & Associates Consulting,LLC 5005 W. Royal Lane, Suite 1�0 Irving,TX 75063 Attn: Byron Hardin,President, CPM If you have a1�y questions, please do not hesitate to contact me at(9'72} 823-8800. Sincerely, � J��j ��i� Byron R. Hardin,President Hardin&Associates Consulting,LLC Resolution 16-06 MASTER SERVICE AGREEMENT FOR ONGOING CONSULTING SERVICES FOR AS NEEDED ENVIRONMENTAL SUPPORT BETWEEN TOWN OF WESTLAKE AND HARDIN AND ASSOCIATES CONSULTING, LLC FOR PROFESSIONAL CONSULTING SERVICES THIS Mr�STER S�RVICE r1GR�EI��NT(1�ZSr�) is made and entered into on this �� da�of ��`��"i.��.�`t��_='�f�� by� and between the Town of Wes�lake, liereinafter referred to as "Client," and Hardin� r�ssociates Consulting, I�T C, a Texas compan��, its affiliates and subsidiaries, hereinafter referred to as "Consultant." RECITALS: i�'H�RI�AS,Client desires dlat from time to time Consultant furnish Client certain consulting senrices; l�/HER�r�S, Consultant has available and offers to provide personnel and facilities necessary to perfarm the services desired under this r�greement; NOW,THER�FORF,Client and Consultant agree as follows: I. DESCRIPTION OF PROJECT Ser�rices to be pro�rided shall be as described in �vritten task orders made pursuant to and referencing this Agreement. II. SCOPE OF CONSULTANT SERVICES The primaiSr service(s) to be pro�rided b�� the Consultant are As-Needed Environmental Support for the Client's�vaterf�vaste�vater systems and ma�r include,but are not limited to the follo�ving: • Customer Service Inspections • Backflow Cross-connection Ordinance development and review • Preparation of reports,plans and other regt�latory compliance documents • Training • Nitrification Acrion Plan Development • TC�Q P��'S 1�lonitoring Plan Development • Other Client requested environmental support tasks Consultant agrees to perform those basic ser�rices described in separate written task or purchase orders signed b�� Client and Consultant(the "Ser�rices"). T1us r�greement provides the terms,obligations and conditions i�jhich shall control all �vork. The printed terms and conditions, if an�T, contained on the re�zerse sides of an accepted task or purchase order shall not apply to senrices provided under this rlgreement Unless modified in�vriring b�T both parties,duties of Consultant shall not be construed to Resolution 16-06 eYceed those ser�rices specificallST described in each task order. In the e�jent�vork is authorized prior to the issuance of a written task order, any ser�rices �erformed b5= Consultant will be presumed to have been completed under the terms of tlus Agreement. III. RESPONSIBILITIES OF CLIENT In addition to pa5rment for the Services performed under this rlgreement,Client shall: 1. r�ssist and cooperate with Consultant in an}� manner necessai-� and «ithin its ability to facilitate Consultant's performance under this Agreement. 2. Designate in �vriang a person to act as Client's representative �vith respect to this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Client's policies, mlke decisions and etiecute documents on Client's behalf. 3. I'urnish Consultant�vith all technical data in Client's possession including, but not limited to, maps, surveys, dra�vings, soils or geotechnical reports, and any other informarion required by or useful to, Consultant in performance of its Sercrices under this Agreement. Consultant shall be entided to rely upon the information supplied b�T Client. �. Notif�r Consultant of an�kno�un or potential health or safen�hazards esisting at or near the project site. 5. Provide access to and/or obtain permission for Consuitant to enter upon all property, �vhether or not o�vned bjT Client,as required to perform and complete the Ser�rices. IV. AMERICANS WITH DISABILITIES ACT 1�ny other pro�Tision of tlus r�greement to the contrary not�vithstanding, unless otherwise specified in the Scope of Services, Client shall ha�re sole responsibilit�r as between Client and Consultant for compliance with the Americans�Vith Disabilities Act("ADA") 42 U.S.C. 12101 et. Seq. and the related rcgularions. V. AUTHORIZATION ANI} COMPLETION In signing this 1lgreement, Client grants Consultant specific authorization to proceed �vith �vork as directed in eYecuted task orders. VI. Ct3MPENSATION This agreement will not esceed$�°�"�"�`,��;�.:�� .00 without prior�vritten appro�Tal b}7 both parties. For the Ser�rices described in each task order,Client agrees to pa}r,and Consultant agrees to accept the total compensarion in accordance �vith compensation terms included in the task order. Where Consultant has provided Client `vith a breakdown of the total compensation into subtasks, such breakdowns are estimates onl��. Const�ltant may re-allocate compensation between tasks, pro�Tided total compensation is not e:�ceeded �uithout the approval of Client. Time charges shall be in accardance with the Hourly Rate Table contained in Exhibit A. I'he rate schedule shall be re�rised annually. r�nnual re�risions to Resolution 16-06 the Hourl�T Rate Table shall be submitted prior to the date that they take effect. The re�-ised HourljT Rate T'able shall take effect unless written notice is received from the Client that the re�Tised rates are not accepted. Compensation shall be billed monthi�T in sunitnary form. Payment to Consultant is due upon presentation of invoice to Client. As long as Consultant has not defauited under this Agreement, Client shall pajr Consultant«ithin 30 cia�=s of the date of Consultant's in�roices for ser�rices performed and reicnbursable expenses incurred under tlus Agreement. If Client has reason to question or contest an�T portion of an�� such invoice, amounts c�uesrioned or contested shall be idenrified and notice given to Consultant�uithin 15 da�Ts of the date of the in�roice. riny portion of an�=invoice not contested shall be deemed to be accepted and approved for pa5�ment and shall be pud to Consultant�vitlun 30 days of the date of the intiroice. The Client agrees to cooperate �vith Consultant in a mutual effort to resolve prompdy any contested portions of the Consultant's irnToices. In the e�Tent an�r uncontested portions of any invoice are not paid �uithin 30 da�rs of the date of Consultant's in`roice, interest on the unpaid balance shall accrue beginning �vith the 31st da�� at the ma�imum interest rate permitted by law, and Consultant shall have the right to suspend �vork per l�rticle Z'V,Suspension of`�Tork. VII. RESPQNSIBILIT'Y OF CONSULTANT r�. Standard of Care Professional Ser��ices Subject to the limitations inherent in the agreed scope of��ark as to the degree of care, amount of tirne and eYpenses to be incurred, and subject to any other limitations contzined in this Agreement, Consultant shall perform its Sertrices in accordance widl generally accepted standards and pracrices customarily utilized b�� competent engineering fums in effect at the time Consultant's Sei-�rices are rendered. Consultant does not etpressly or impliedlv�varrant or guarantee its Services. B. Relilnce u�on Information Pro�rided bv Others If Consultant's performance of sercrices hereunder requires Consultant to rely on information pro��ided by other parties (eacepting Consultant's subcont��actors), Consultant shall not independendy verif�r the validit�T, completeness, or accuracjr of such infonnarion unless atherwise expressly engaged to do so in writing b5-Client. C. Consultant's O�inion of Costs Client ackno�vledges that construction cost estimates, financial analyses and feasibilit�T projecrions are subject to many influences including, but not limited to, price of labor and materials, unkno��n or latent conditions of existing equipment or structures, and time or quality of performance by third parties. Client acknowledges that such influences maST not be precisel�T forecasted and are beyond the control of Consultant and that actual costs incurred rnay �Far� substantially from the estimates prepared by Consultant. Consultant does not warrant or guarantee the accurac�r of construcrion or de�relopment cost estimates.. Resoiution 16-06 VIII. HAZARDOUS MATERIALS Consultant and Consultant's subcont�actors shall have no responsibilinT for the disco�rery, handling, removal, or disposal of or exposure of persons to asbestos or hazardous or to�ic materials that are present in anjr form at the Project site. Professional services ielated to or in anp�vay connected with the in�resrib tion, detecrion, abatement, replacement, use, specification, or removal of products, materials, or processes containing asbestos or hazardous or toxic materials are beyond the scope of this r�greement. Client shall be solel5� responsible for notifying all appropriate go�rernmental agencies, including the potenrially effected public,of the e�stence of any hazardous or toxic materials located on or at the projece site at any tune. In the e�rent Consultant encounters asbestos or hazardous materials at the jobsite, Consultant may, at its option and �vithout liabilit�� for damages, suspend d1e performance of senTices on the Project until such time as Client and Consultant mutually agree on an amendment to tlus r�greement to address the issue, or Client retains anotheL specialist consultant or contractor to identif��, classify�, abate and/or remove the asbestos and/or hazardous mateiials. IX. CONSULTANT'S WORK PRODUCT 11. Sco e Consultant's �vork product, wl-uch is prepared solel�T for the purposes of this rlgreement, including, but noC limited to, drawings, test results, recommendations and technical specifications, whether in hard cop3r or electronic form, shall become the property of Client when Consultant has been fu11y compensated as set forth herein. Consultant ma�r keep copies of all work products for its records. Consultant and Client recognize that Consultant's work product submitted in performance of this Agreement is intended only for the project described in this �greement. Client's alteration of Consultant's�vork product or its use by Client for any other purpose shall be at Client's sole risk, and Client shall hold harmless and indemnify Consultant against all losses, damages, costs and expense, including attorneys' fees,arising out of or related to an57 sucli alteration ar unauthorized use. B. Electronic Co�ies If iequested, solely as an aid and accommodarion to Client, Consultant may pro�ride copies of its �uork product dociunents in computer-readable media ("electronic copies"). These documents will duplicate the documents pro�Tided as �vork product, but �uill nat bear the signature and professional seals of the registered professionals responsible for the work. Client is cautioned diat the accurac�T of electronic document copies may be compromised by electronic media degradarion, errors in forinat translation, file corruption,�rinting errors,and incompatibilities,operator inexperience, and file modification. Consultant will maintun the original cop��, �vhich shall ser�re as the official, arcluved record of the electronic documents. Client agrees to hold harrnless, indemnif�T and defend Consultant from any claims arising out of or relating to an�T unauthorized change or alterltion of electronic copies of documents. Resolution 16-06 X. INDEMNIFICATION A. Indemnificarion of Client Consultant agrees to indemnif�7 and hold Client harn�less from and against any liabilit�� to the eYtent arising out of the negligent errors or negligent omissions of Consultant, its agents, employees, or representati�Tes, in the performance of Consultant's duties under this r�greement. I3. Consec�uential D�nages Regardless of any other term of this Agreement, in no event shall either party be responsible or liable to the other for anv incidental, consequential, or other indirect damages. XI. CONSULTANT'S INSURANCE Consultant shall procure and maintain the follo�uing minimum insurance: 1. Corrunercial general liabilit}T insurance, including personal injur�T liability, blanket contractual liabilit�T and broad-form propert�� damage liabilit�� coverage. The combined single limit for bodil�T injur}�and property damage shall be not less than�1,OOd,000. 2. r�utomobile bodily injury and propertyr damage liability insurance co�rering o�vned, non- owned, rented, and hired cars. The combined single limit for bodily injur�T and propert�� damage shall be not less than�1,000,000. Client shall be named as additional insured on policies 1 and 2 above. Upon request, a certificate of insurance �vill be pro`rided to Client��ith a 30-day�uritten notice in the event the above policies are cancelled. XII. CONFIDENTIALIT'Y Consultant agrees it��ill maintain the confidentialit�J of material it receives from Client�vhich Client has clearlST identified as "Confidential" and will not disclose, distribute, or publish to any third party such confideniial infoimation �vithout the prior permission of Client. Nottivithstanding the foregoing, Consultant shall have no confidentialin�obligation with respect to information that: 1) becomes generall}r a�Tailable to the public other t�ian as a result of disclosure by Consultant or its agents or employees; 2) �vas available to Consultant on a non-confidential basis prior to its disclosure by Client; 3) becomes available to Consultant from a third part�� vho is not, to the kno�vledge of Consultant,bound to retain such information in confidence. In the event Consultant is compelled b3T subpoena, court order, ar administrati�=e order to disclose an�T confidential information, Consultant shall prompdy notif�r Client and shall cooperate�vith Client prior to disclosure so that Client may take necessar57 acrions to protect such confidentia.l informarion from disclosure. Resoiution 16-06 XIII. SUSCONTRACTS Consultant shall be enrided, to the extent determined appropriate by Consultant, to subcontract an�7 portion of the ser�rices to be performed under this r�greement. r�n�T sub contracted ser�rices shall be noted in the�uritten task orders issued under dlis agreement. XIV. SUSPENSION OF WORK `l�'ork under this�greement may be suspended as follo�us: 1. Bv Client. B5� �vritten notice to Consultant, Client may suspend all or a portion of the ��'ork under this r�greement if unforeseen circumstances beyond Client's control make normal progress of the W'ork unpracticable. Consultant shall be compensated for its reasonable espenses resulting from such suspension including mobilizarion and demobilization. If suspension is greater than 30 daj�s, then Consultant shall have the right to terminate this r�greement in accordance�vith r�rticle�'V,Termination of Work. 2. Bv Consultant. B5� �vritten norice to Client, Consultant may suspend the `Y/ork if Consultant reasonabl�- determines that �vorking conditions at the Site (outside Consultant's control) are unsafe, or in�Tiolation of applicable la�vs, or in the event Client has not made timely pa5�ment in accordance with Article VI, Compensation, or for other circumstances not caused by Consultant that are interfering�;rith the normal progress of the�k'ork. Consultant's suspension of Work hereunder shall be without prejudice to any other remedy of Consultant at la�v or equinr. XV. TERMINATION OF WORK r1. Tlus r�greement may be tenninated b� Client as follows: (1) for its con�Tenience on 30 days' notice to Consultant, or (2) for cause, if Consultant materially breaches this Agreement through no fault of Client and Consultant neither cures such material breach nor makes reasonable progress to�uard cure tivithin 15 days a£ter Client l�as given written notice of the alleged breach to Consultant. , B. This 1�greement may be terminated bv Consultant as follows: (1) for cause, if Client materiall�r breaches tlus r�greement through no fault of Consultant and Client neither cures such material breach nor makes reasonable progress to�uard cure �uithin 15 days after Consultant has given�vritten notice of the alleged breach to Client, or (2) upon fi�re days' notice if�vork under this t�greement has been suspended by either Client or Consultant for more than 3Q days in the aggregate. C. Pa��ment u�on Termination In the event of termination, Consultant shall perform such additional work as is reasonabl�= necessary for the orderl�J closing of the ��Jork. Consultant shall be compensated for all work performed prior to the effective date of terminarion, plus �vork required for the orderl�� closing of the ��ork, including: (1) authorized work performed up to the termination date plus termination e�:penses, including all labor and etipenses, at Consultant's standaLd billing rates, directl�7 attributable to Resolution 16-06 terminarion; (2) all efforts necessary to docuinent the work completed or in progress; and (3) anp tertnination reports requested b��Client. �xcept for termination of Consultant byT Client far cause, Consultant shall also � receive a termination fee equal to 15 percent of the total compensation yet to be earned under e�isting authorizations at the time of terminarion to account for Consultant's rescheduling adjustments, reassigmnent of personnel, and related costs incurred due to termination. XVI. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. E�cept as otherivise set forth under Article VIII, r�ssigrunent of Tasks to Affiliates, this Agreement may not be assigned b}=Client or Consultant t�ithout prior,written consent of the other. XVTI. NO BENEFIT FOR THIRD PARTIES The ser�rices to be performed bj� Consultant are intended solely for the benefit of Client, and no benefit is conferred on,nor contractual relarionship established with an}T person or entits not a parnT to this Agreement. No such person or enrit�J shall be entided to rely on Consultant's senrices, opinions, recommendations,plans,or specifications�uithout the express written consent of Consultant. No right to assert a claim against the Consultant, its officers, employTees, agents, or consultants sha11 accrue to the construction Contractor or to any subcontractor, supplier, manufacturer,lender,insurer, suret�T, or any other third part�r as a result of this t�greement or the performance or nonperformance of the Consultant's ser�rices hereunder. XIII. FORCE MAJEURE Consultant shall not be responsible for delays caused b�T circumstances be�rond its reasonable control, including, but not limited to (1) strikes, lockouts, �vork slowdowns or stoppages, or accidents, (2) acts of God, (3) failure of Client to furnish timelST information or to approve or disapprove Consultant's instnunents of setvice prompdy, and (4) faulnT performance or nonperformance by Client, Client's independent consultants or contractors, or governmental agencies. Consultant sha11 not be liable for damages arising out of any such delay, nor shall the Consultant be deemed to be in breach of dus �greement as a result thereof. XIX. INTEGRATION This Agreement represents the entire understanding of Client and Consultant as to those matters contuned herein. No prior oral or�uritten understanding shall be of any force or effect��ith respect to those matters co�Tered herein. T}us r�greement may not be modified or altered except in�vriting signed b5� both parties. riny purchase order issued b5r Client, whetl�er or not signed by Consultant, and any terms and conditions contained in such purchase order wluch are inconsistent with this l�greement shall be of no force and effect. Resolution 16-06 XX. SEVERABILI'TY If any part of this r�greement is found unenforceable under applicable laws, such part shall be inoperative, null, and �roid insofar as it conflicts �vith said laws, but the remainder of this r`�greement shall be in full force and effect. XXI. CHOICE OF LAW/JURISDICTION This r�greement shall be administered and interpreted under the la�vs of the state of Te�as. XXII. ATTORNEYS'FEES In the e�jent either party commences legal proceedings against the other, then the prevailing party�shall, in addition to any other recoverST,be entitled to recover its reasonable attomeys' fees and all other costs of such proceeding. XXIII. NOTICES r1ll notices required under this Agreement shall be deli�rered by facsimile,personal deliver�or mail and shall be addressed to the follo�ving persons: Byron R. Hardin,CPM Jarrod Greenwood Sr. Project Manager Public Works Director Hardin&Associates Consulring,LLC To�vn of��esdake �005 W. RoS�al Lane,Suite 170 3 Village Cir. Irving,Te:�as 75063 , �Y�esdake,Texas 76262 e-mail:bl�ardin�llactc.tas.cotn e-mail: j�,reemt-ooa(n?,«-estlake.tx.or� Office (972) 823-8800 Off ce(817) 490-5717 Fa�:: (972) 823-8802 Fax: (817) 430-1$12 Notice shall be effective upon deli�rery to the abo�=e addresses. Either party may notif�t the other that a new person has been designated byr it to receive notices, or that the address or Fax number for the deli�rer�� of such notices has been changed, provided that, until such time as the other part�J receij%es such notice in the manner pro�rided for herein, any norice addressed to the pre�riousljT-designated person and/or delivered to the pre�riously-designated address or Fax number shall be effective. XXIV AUTHORIZATION I`he persons exccuting this rlgreement on behalf of the parties hereto represent and warrant that the parries ha�e all legal authorit�T and authorization necessary to enter into tlus Agreement, and that such persons hai e been duly authorized to e�ecute this Agreement on dieir behalf. IN`ti�IT`NESS�X�HEREOF, the parties hereto l�a�Te executed this r'�greement as of the date first abo�Te wiitten. Resolution 16-06 Hardin&��ssociates Consulting,LLC Town of VUestlake i r-" '-,�.�_ `"�,,�'`�� ",�i�t' �rt Signature ��-� Signature� Printed Name B�Tron R. Hardin,CPIVI Printed Name ��"�'"�=�� ---•��'`�°��`" Tide President Tide i�`�k�~' ��"��"�-�`�� f,��. � Federal Tax ID number: 26-4555939 Resolution 16-06 EXHIBIT A HARDIN & ASSOCIATES CONSULTING, LLC RATESCHEDULE (INCLUDES MILEAGE AND EXPENSES) l„`��3!�1;4+��G,LYk,�� S vu .4 Ty "�t'n`j3tC l ��3t��rM't� 1 � l` . L �j�a} ?' { Senior En ineer � $150.00 Senior Pro'ect Mana er $135.00 Senior Water Qualit S ecialists $125.00 Administrative $45.00 �:�� , This agreement will not to exceed$ �-�``{�X�without prior approval by Town Council. �F�� g �'-� I��ci:'� Resolution 16-06 � HaRnitv& � ASSOCIATES CONSULTING,LLC HARDIN &ASSOCIATES CONSULTING, LLC And Client(Town of Westlake) Task Order Authorization Task Order No. 1 PWS Monitoring Plan Review/Nitrification Action Plan Development HAC Project Description PWS Monitoring Plan/Nitrification Action Plan Development Client Name Tawn of Westlake Client Address 1301 Solana Boulevard BuildinQ 4 Suite 4202. Westlake Texas 76262 Effective Date of Authorization �� - ��-=�� Upon execution of this Task Order, and effective as of the date shown above, the parties agree that Hardin & Associates Consulting, LLC (HAC) shall perform the following services: SCOPE OF SERVICES General• HAC will assist client with ensuring compliance with the Texas Commission on Environmental Quality (TCEQ) Chlorarnine Monitoring Plan Requirements, also referred to as the Nitrification Action Plan (NAP), that took effect on July 30, 2015. Public water systems(PWSs) in Texas are required to maintain minimum disinfectant levels throughout the distribution system to protect public health. In addition, a PWS should be careful not to exceed the maximum residual disinfectant levels (MRDLs). A PWS is required to develop a Nitrification Action Plan (NAP) and include this NAP as part of its Monitoring Plan. A copy of the PWS NAP must be located on-site and made available to the TCEQ if requested. HAC will also review and provide updated water utilities PWS Monitoring Plan for water utilities staff to work from to ensure continued TCEQ compliance. Monitoring Flan �Section 290.121 A Water S�andards Gove�ning D�inking Water Qzsaliry and Reporting Rec�arirelnents .fo� Public Water Systems, All community and nontransient no communrty (N7'1VC) pzrblic water systems are required to have a monitoring plarr. This reguiren�ent was part of the federal Stage 1 Disinfectants and Disinfection Byproducts Rule, which became part of TCEQ�•egulations in October 2000. If a system trecrts szcrface water (SW) of•groundwater under the dir°ect influence of suYface wcztef� (GUI), a monrtoring plarr must be subrrritted to the TCEQ.fot-review and appf�oval. ?'he deadline Resolution 16-06 fo� latge systerr�s (serving crt least 10,000 people) that treat SW or GUI was January 1, 2001. The deac�line for small systems (serving fe��er than 10,000 people) that treat SW or GUI was .Ianuary 1, 2003. If a systenz tr•eats g�•oundwater or purchases tt�ented watet�, it is not requit-ed to send in a rnonitoring plan. A TCEQ inspector will look at it as �art of the compt•ehensive compliance investigation (sanitary survey), and the TCEQ's sampling eo»tractor u1ill look at it when they come to eollect chemzcal samples. If a system purchases water, careful coof•dination and development of a monitof-ing plan with your wholesaleN mcry be necessary. A monitoring plan musC also be available to other systems that provide or receive water from you, as needed. If you employ an operating comparry, you must give them a copy and be sure they are following it. � � Monitoring Frequency'�290110(c). A PWS is to fno�ritor the n7onochloramine, total chlorzne, free a�nmonia and nitr�ate/nitrite levels periodically at di,fferent locatiorrs. This ensures that �rra crdequate disinfectarrt r�esidual is being fnaintained, and that nitrzfrcation is not oceurring in the c�istribution system. Amn2onia, nitr�ate and nitrzte must be sampled at least once zn your souree water�(s). Record Keeping �290.46(f}; �290.46(z) A PWS is regui�ed to develop a Nitrification Action Plar� (NAP) and include�this NAP as�art of your Monitot ing Plan. A copy of your NAP must be located on-site and mac�e available to the TCEO if requested. All chlora�rarnation records inclacdirag monito�-ing s•esults will need to be kept for at least three years. One-tzme sozcf•ee water n�onitot•ing must be rnaintained as long as it is Nepresentative of the wate�quality o.f the source. NotificatioH�290.47(h)Noti�cation ofthe use o.f'chloramines must be providec�to your systenx's t•etail arrd wholesale customers at least 14 clays before the watef� zs delivef•ed. Also, the noti�cation naust continue to be provided to all ne�� customeNs. Notifrcation must be nsaintained on site and made available to �'CEQ during on-site invesZigatio�zs. Design Requirements �290.42(e) The design Yeqzcirements for chenzical injection, mixing and chemrcal containme�t for chloramine systems are now provided in �290.�2(e). If you at�e planning to make any,fi�tu�e changes or additions to your system, pla�as and specificatzons will be f•equired to be sent to the TCEQ's Plan Revzew Team. Pu rqose' Client desires to evaluate and review the expansion of the current potable water distribution conveyance system to evaluate efficiencies in operation to ensure continued compliance with TCEQ rules and regulations for public water systems. Execution• HAC will provide professional potable water distribution system review by assisting the client with the development of a TCEQ required Nitrification Action Plan (NAP). The following task will guide Hardin &Associates Consulting through the development of this projeet: Hardin&Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 2 of 6 Actions• Item 1 - PWS Monitoring Plan Review to include NAP water quality sample site map l.l Meet with Town staff to identify all required TCEQ water quality parameter distribution monitoring sites (including newly required NAP sites) Item 2—Develop documents for required water quality parameter samples and schedules 2.l Identify and develop the required reporting document for required TCEQ NAP 2.2 Develop routine NAP sampling schedule for inclusion in TCEQ Required Monitoring Plan Item 3 — Develop PWS Monitaring Plan to include provisions for the NAP to ensure continued TCEQ compliance 3.1 Develop draft NAP section for client review to include as part of client's Monitaring Plan 3.2 Provide completed NAP section for addition to clients existing PWS Monitoring Plan 3.3 Develop PWS Monitoring Plan. Items for inclusion include: What chemicals/parameters are required for sampling Four Sub-sections based on location • Raw water • In-plant • Entry point to distribution system • Distribution system Lists and Schematic(s) of a11 sample sites on one drawing • Coliform (and Disinfectant Residual) • Bacterialogical sampling locations (BAC "T") •NAP sites • Disinfection byproducts • THM and HAA • Lead/Copper locations • Asbestos - If any are identi�ed in water distribution system (A/C pipe) 3.4 Update water distribution system map of where required water quality samples are collected 3.5 Provide a PWS Monitoring Plan for use by staff to ensure continued compliance with TCEQ Schedule: Followii�g authorization to proceed, HAC's estimated time for completion and submittal of the NAP is a minimum of 120 days. This time line is dependent upon remittance of necessary report information from client and necessary official written response from TCEQ. Hardin&Associates Consulting and Client MSA Town of Westlake Task Order No.1 Resolution�6-os Page 3 of 6 Comt�ensation• Total task costs for this scope of service will not exceed $19,060.OQ without prior written approval from the Town of Westlake. These costs include labor, travel, and other direct costs associated with this assignment. General Terms and Conditions: Hardin &Associates Consulting's services shall be governed by the Master Agreement dated�/��'�' together with this Task Order and any Exhibits attached hereto. HARDIN & ASSOC� �TES CON� �� TiNG, TOWN OF WESTLAKE, TEXAS LLC Signature Signature� � Printed Byron R. Hardin, CPM '' Printed !�iU`e��;��; � '��`"€��'"'t�?E'Y"` Title President , �__.--- ` Title i ��I�": �°��.�tr t��:.�`r�_ Date � �� Date �'��-�� > Hardin &Associates Consulting and Client MSA Town of Westlake Task tJrder No. 1 Resolution 16-06 Page 4 of 6 � � RATE SCHEDULE � CLIENT NITRIFICATION ACTION PLAN DEVELOPMENT HARDIN & ASSOCIATES CONSULTING, LLC COMPENSATION .,;.�,ua ..,., ...,..r , �C�Y.4h.�!f!��l,•i�r��Y�k�,,.ii�' ?:.�,��,.,.� b? t �.61 ��Y,ft� � ..rzf� e�%..,�,J^L'r��i` � .�.i� �'��i�.� � ;,��.�i s<� ! � Senior En ineer $150.00 Senior Pro'ect IVlana er $135.00 Senior Water Qualit Anal st $125.00 � Administrative $45.00 Hardin&Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 5 of 6 �� FEE TABLE CLIENT NITRIFICATION ACTION FLAN DEVELOPM:ENT HARDIN & ASSOCIATES CONSULTING, LLC i 2 ; �� l: ..t t n t � � '�"`� �"�j � k.!L t Y _. .. f E;` C k � �z f;2 ; z ' z- y r � 'a ��'�'s z��.�9��.-r �` �"�ai�� xa-.��'xt �':e,��E �.4 �,{�i� � ,� � � ig��',tJn s �.: t � .i tt r '' 1 '�.�. r s,i r 1 4 �, t� r ' ��3�: ..}c y .� atic x �y _�� . f j �' r�t e, t vx�r � t �,t 2� Y� � n i Y .�. � ' �� ` � `�k 3 i'.,�� i 5 s � ..1� � � t; '� Y��-?� r3,, -s � �,:_r r }; � }�:�: t; y� 7 tf j�._ �.. �wu- y� �, �'�� :4��;�* u� „ y�. � re � ir.r �, �s �u�`� �i` � �j �` � L��r� � �� t�Y>�,esy /,�z z 2 f5 4.. x �' f �Ei �,� TM�.s 7 .�w u: s ��,� r K .'F��r s .�-. r �y,t. ,��l�,�� P .-'.i ,#—p �.. � �� '14f ; �'C�r�`?✓ �� 4 �.��,� J .�A. n',�, �� `�" _-t �i 3�� x �€" }j 7 ��f� � i}, } #�� t at:. ? {£ l+E�r��. .� ��+• �. 1 �'k yt: `r 'u' t y"''��} g �-�� ' ty� .��9S, '�,� f j 1 �: � 1 f .�S f �{ ��`� ��'� �Y I'w��"�� . J`��,k � 1 JY t ? � �i � i �, :. t ..t u r� � t+#•t.: � r.c�.; lt� x �� f '' r':. 5,:� � '� -�-� � �� s r ` a r .. t �'��'� � � � ' t+��. � c, ��; t ��'r�tX�r �d � , �o�� :j 1 s�� ,:,a,r '� t �,..� r uSx ,.✓, �,-. „�.,'� P,4�. r �z. ;� ��; h. �sE..i � �.�� ,r .�,y �r z.. .x, ... ...: ... ....:,3,_, .�, , � o.�. ,,. ., ,,, , ,,,,,,,,,, , ,,� .�„ . ..., .. .i ,.,. 1 PWS Monitoring Plan Review to include $2 ]60 NAP water quality sample site map ' 1 � Meet with Town staffto identify water 16 $2,160 distribution nitrification monitoring sites Develop required documents for required 2 water quality parameter samples and $2,250 schedules 2 � Identify and develop the required reporting g $1 080 documents for re uired TCEQ NAP ' Develop routine NAP sampling schedule for 22 inclusion in TCEQ Required Monitoring 2 8 $1,170 Plan Provide a finai PWS Monitoring Plan that 3 includes TCEQ required NAP 14,650 Develop draft NAA section for client review ''� to include as part of client's Monitoring Plan �6 2 g � $2,350 3 2 Prepare final NAP section to include as part 8 6 $1 17Q of client's PWS Monitoring Plan ' 3.3 Develop TCEQ Required PWS Monitoring 32 8 $5,520 Plan 3.4 Update water distribution system map of 6 16 $3,210 where required water samples are collected Provide a completed PWS Monitoring Plan 3.5 for use by the water utilities staffto ensure 24 6 2 2 $2,400 continued com liance with TCEQ Total �19,060.00 Hardin&Associates Consulting and Client MSA Town of Westlake Task Order No. 1 Resolution 16-06 Page 6 of� � � ; HARDIN& ASSOCIATES CONSULTING,LLC HARDIN &ASSOCIATES CONSULTING, LLC And Clieilt(Town of Westlake) Task Order Authorization Task Order No. 2 Conducting TCEQ Required Customer Service Inspections & Cross-Connection Control Ordinance Development HAC Project Description TCEO Cross-Connection Control Pro�ram Development Client Name Town of Westlake Client Address 1301 Solana Boulevard, Building 4, Suite 4202 Westlake, Texas 76262 Effective Date of Authorization �,.�� - �� -'�� Upon execution of this Task Order, and effective as of the date shown above, the parties agree that Hardin & Associates Consulting, LLC (HAC) shall perform the following services: SCOPE OF SERVICES General• The purpose of this scope of services is for the Town of Westlake to allow Hardin &Associates Consulting, LLC (HAC)to develop the required TCEQ Cross-Connection Contro( Program. The objectives to be achieved with Task 2 are as follows: l. Provide Customer Service Inspections(CSI) TCEQ Compliance Inspections; 2. Identify additional backflowlcross-connection devices for annual inspection; 3. Provide copies of HAC's Cross-Connection Control Compliance Inspections (4C's)that detail inspection findings and recommendations for compliance; and 4. Review existing Cross-Connection Control ordinance and revise where appropriate to include newly established requirements for amendment by Town Council. Resolution 16-06 Texas has promulgated regulations that mandate that all public water suppliers have a progra�n to require backflow prevention devices be installed to protect against contamination of public water supplies. Effective January 1, 1996,the Texas Commission on Environmental Quality (TCEQ) required that all public water systems comply with Texas Administrative Code, Title 30, Chapter 290, which states as follows: §290.44 Water Distribution. (li). (1). No��ate��connection from any pzrblic drinking water supply systern shall be made to any establishment whet•e an actual or potential contamination or systen� hazard exists without an ait•ga�separation between the drinking water sz�pply and the souree of poter�tiaZ eontamxnation. .... Under these conditrons, ac�ditional p�oteetion shall be required at the�neter in the form of a backflo�� preventzon device ...on those establishments handling substances deleterzous or hazas�dous to the pzablic health. The��aler parrveyor need not requzre backflow protection at the water service entrance if an ac�equate cross-conneetion eontrol pf•ografn is in effect that includes an annual inspectiotz und testing by a certified backflow preve»tion device tester. It witl he the responsibility of the water purveyor to ensure that these requirements are met. (En�phasis added) �290.46(i)Plurnbing o�•dinance. Public watef-systerns n�ust adopt an adec�uate plzrmbing ordinance, f•egulations, or sef�vice agreement with p�•ovisions fof�proper enfor•cement to insur�e that neither cross-connections nor other unacceptable plumbing p�-actices ar�e pe��mitted(See�290.47(b) of this title (relating to Appendzees)). Should sanitary control of the dislrzbution system not reside with the pa�t�veyor, the entity retaining sanitary control sl7all be responsible for^establishing and enfor•cing adequate regulations in this t-egard. The use of pipes and pipe fzttings that contain more than 8.0%lead or solders anc�flux that contain more than 0.2%lead is prohibited for installation or repaif•of any �t�blic watei�supply and foN ins�tallation or repair of any plumbing zn a resic�ential or r�onr•esidential facility providing water,foN human consum�tion and connected to a public drinking water supply system. This f�eqzrzrement may be waived for lead joints thcrt are necessary for repair•s to cast iron pipe. �290.46(j) Gustomer service inspeetions. A customer sel�viee inspection ce�tifieate shall be completed pYior to providing continuous water service to new const�tcction, on any existing service either when the water purveyor has reason to believe that cross- connections ot•othef•potential contaminant hazards exist, or after any material improvement; correction, or addition to the private water dtstrzbzstion facilities. Any custornef�service inspection cef�tifrcale form which vat•ies from the format foasnd in §290.47(d) of this title must be approvec�by the executive direetor prior to being�lacec� in Zrse. The TCEQ began full enforcement of these regulations and evaluates public water systems for compliance through its annual public water system inspection program. All systems found without a program or with an inadequate program may risk potential enforcement action in the form of fines each day from the TCEQ until an approved program is in place. Hardin&Associates Consulting and Client MSA Town of Westlake Task Order No. 2 Reso�ution 16-06 Page 2 of 7 Pu rpose: Client desires to conducting TCEQ required Customer Service Inspections and Cross- Connection Control Ordinance development to ensure continued compliance with TCEQ rules and regulations for public water systems. Execution• HAC will provide prafessional services by assisting the client with the development of a TCEQ required Cross-Connection Control program. The follawing items will guide Nardin & Associates Consulting through the development of this project: Actions• Item 1 — Project Management HAC Project Ma�lager and will be responsible for the following: 1.1 Lead the project efforts; 1.2 Review and monitor inspections results; 1.3 Serve as the key contact between the Town of Westlake and HAC; and 1.4 Ensure that the project is completed in accordance with the Scope of Work and schedule. Item 2—Adininistrative Hardin & Associates Consulting will provide administrative duties and functions associated with this project. 2.1 Provide Town staff with inspection reports {CSI and I or 4C's}; and 2.2 Produce a"draft" revised Town of Westlake Cross-Connection Control ordinance with recommended language to ensure continued compliance with TCEQ regulations. Item 3 —Conduct TCEQ Compliance Inspections and Re-inspections to ensure customer compliance. HAC will conduct TCEQ compliance inspections and re-inspections. Compliance inspections will include both CSI and 4C's on new and existing facilities for the purpose of validating newly discovered backflow prevention devices to be entered into the Town's backflow data management system. 3.1 Conduct TCEQ compliance inspections (CSI and 4C's)on new and existing facilities; and 3.2 Conduct TCEQ compliance re-inspections as needed. Hardin &Associates Consulting and Client MSA Town of Westlake Task Order No.2 Resolution 16-06 Page 3 of 7 Item 4—Review Existing Cross-Connection Control Ordinance for TCEQ Compliance The Compliance Review is critical to ensure that the To�vn of Westlake Backflow Prevention and Cross-Connection Control internal administrative policies and procedures are followed by Town staff, and its contractors,to avoid enforcement action from TCEQ. HAC with the assistance of Town staff will review the existing Town of Westlake Cross-Connection Control ordinance and will prepare a revised "draft"with recommended language to ensure continued compliance with TCEQ regulations. HAC will include the following in the draft ordinance: 4.1 Relevant TCEQ and TSBPE rules and regulations necessary for compliance; 4.2 Review of Town's inspection guidelines and procedures; 43 Review current plumbing code for cross-connection requirements; 4.4 Develop forms and Standard Operating Procedures for program (as needed}; 4.5 Development of a fees section designed to capture program costs; 4.6 New enforcement and penalties section for noncompliance; 4.7 Add language far requiring annual cross-connection compliance inspections; 4.8 Annual testing reguirements for required backflow prevention assemblies; and 4.9 Registration process for privatized testing of backflow prevention assemblies. Item 5—Benchmark and Identify Estimated Annual Revenues Involved with Backflow Program HAC wi(1 project the annual revenues that could be generated from the program activities. 5.1 HAC will benchmark the Town's backflow program against similar sized communities' programs to determine recommended user fees to offset program costs. Schedule: Following authorization to proceed, HAC's estimated time for campletion and submittal of the Review Existing Cross-Connection Control Ordinance is a minimum of 120 days. This time line is dependent upon remittance of necessary report information from client and necessary official written response from TCEQ. Conducting the TCEQ required CSI's will be ongoing as required and directed by client's staff. Compensation• Total task costs for this scope of service wil) not exceed $25,OOO.QO without priar written approval from the Town of Westlake. These costs include labor, travel, and other direct costs associated with this assignment. Hardin&Associates Consulting and Client MSA Town af Westlake Task 4rder No. 2 Resolution 16-d6 Page 4 of 7 General Terms and Conditions: Hardin & Associates Consulting's services shall be governed by the Master Agreement dated��r�� together with this Task Order and any Exhibits attached hereto. HARDIN & ASSOCIAT S CON U T , , TOWN OF WESTLAKE, TEXAS LLC Signature �j'" /� �� Signature d6� +� t��%'� Printed Byron R. ardin. CPM .�.w--- �� Printed_1��r��.� �;�... ��a `�� '`��" Title President ' � � }' � Title ��': ��'��;�.�,.tc,t��,i�,;,-� Date Date �-��-`� � ��=' Hardin &Associates Consulting and Client MSA Town of Westlake Task Ordet No. 2 Resolution 16-06 Page 5 of 7 RATESCHEDULE TCEQ CROSS-CONNECTION CONTROL PROGRAM DEVELOPMENT HARDIN & ASSOCIATES CONSULTING, LLC COMPENSATION C � �:, .. f � t ,?�� r - t -; �-rs�r r a �� ;g r� t� a� c . � 3 �`"�t,ti��>.��..''"�7��`� '4 = �,N.��"��.�� ,x��, �,�.��;��b �� ,,�,��,` ��,�� s,,�� , S Senior Pro'ect Mana er $I50.00 Senior Water ualit Ins ector $125.Q0 Administrative $45.00 Hardin&Associates Consulting and Client MSA Town of Westlake Task Order No.2 Resolution 16-06 Page 6 of 7 � �� FEE TABLE TCEQ CROSS-CONNECTION CONTROL PROGRAM DEVELOPMENT HARDIN & ASSOCIATES CONSULTING, LLC 3 � � � 1: t�: I '-y { } rr; ;� � �` 1��.7 £- > +, � � .z k :�' s �y �i n.s 1 n,. t s z ;�j z �- 1 1 �,Y'�.., �x `�4'`'� � j�t �`�� 'P�7`5,�� .z,�s s r"7 j$ih tf ��'' ..Y ��t s�, �� r i v �z� s'�z y <t�r'r 5 7 f��1 1& �'��,`z�+v�+.'iy��#'�� .z. t ,ri"`„ ?„ rr3��},-r€a ��.',�%sE r tY � y C u4' „, ` y � � f ''` ,#� ��: g��►j�"*t 4 � x�`�f ..''k' Y ��H s X �t�� y'� ,� ��S�i'.'�� '��: �t. �a� r. > sy} ' r a�� f� � ��'..�"#�t+��" � i� � �z; �u`✓E ��,� � a� "�n�l �`„ �>p.,��1 �� ,�� t � r�t� � �i�''� x �� :��, '� . y�, .C' ��.�+t"'�i, ��,rt �zi �`si �� 23'�+`'��, z`��tyY��S}��"�t�'z+�� g«'` ��,9.11 `.�x�tt�."''�° �?r Z � s a ��''�`r�� z l"'!'�`��1:�'1�"�f`��S��i�''��` +� r zr:� a � �: �. ,c � „.,t s,r':.�.�t� a h � . � ,�, z s ��4� �, �; .y�, � -i,� 1 t - �x t3 Y � t�'r 1 w t s�,f f� r�'�4si� r '�ia ��"`f � 1 ��+��,�,� F�`��,�ii��3",'�F 1 .t $f:?,r �#f r "� t ,, . t ?. , -z' t t+� a ,* F:3't"rr��'r.t� ,�-��:�'��i'�"'�a -. p � ya�s�. �`` : � ��S t , .+? ,..,,- ..,.s'', . .,.,.,t��,� ,..r..,v.';,�s„ xi,�„r zL,.. ��E.�,��,..<D: +,.�a.y.�,<�a '�� 4g �`f��`� w e� ¢;;�xM�.,.0 tr S ti Y5 # l' 1 Project Management 4 $600 2 Administrative 20 $900 3 Conduct TCEQ Compliance Inspections 60 $7,500 and Re-inspections 4 Review existing Cross-Connection 16 32 $5,520 Ordinance for TCEQ Cornpliance Benchmark Other communities to 5 Identify Estimated Annual Revenues l6 2 $1,020 Involved with Ins ection Pro ram Total $15,540.00 Hardin&Associates Consulting and Client MSA Town of Westlake Task Order No.2 Resolution 16-06 Page 7 of 7 CERTIFICATE OF INTERESTED PARTIES FORM 1295 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 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. 2016-14366 Hardin and Associates Consulting LLC Irving,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 02/17/2016 being filed. Town Of Westlake Date Acknowledged: 02/18/2016 g 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. 2016-01 consulting services Nature ofinterest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 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 (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944