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HomeMy WebLinkAboutResolution - 2017-R0487 - Kimley-Horn And Associates - 12/18/2017Resolution No. 2017-RO487 Item No. 6.10 December 18, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Professional Services Contract No. 13877 for engineer services for the South Lubbock Sanitary Sewer Extension, Phase 3, by and between the City of Lubbock and Kimley-Horn and Associates, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 18, 2017 L1� DANIEL M. POPE, MAYOR ATTEST: 040 —5K— Rebe t Garza, City Secretary APPROVED AS TO CONTENT: ,C Michael G. Keenum, P.E., City Engineer APPROVED AS TO FORM: Ax" 2 1[� L Kelli Leisure, Assistant City Attorney ccdocs/RES.PSC 13877.South Lubbock Sanitary Sewer Extension, Phase 3 12.05.2017 Resolution No. 2017-RO487 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 13877 is entered into this 18th day of December 2017, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Kimley-Horn and Associates, Inc., (the" Engineer"), a North Carolina corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide professional services for South Lubbock Sanitary Sewer Extension, Phase 3, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional the Engineer services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of 730 days. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 10 ARTICLE H. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "A", attached hereto (the "Services"). B. The Engineer shall receive as consideration to be paid for the performance of the Services, in an amount not to exceed $606,200, as set forth in Exhibit `B". ARTICLE M. TERD'IINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 10 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or Page 3 of 10 regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VM. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub - consultant of the Engineer t to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 10 The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIE shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAEUNG OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached hereto, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 10 ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE M. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMIS ITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. Page 6 of 10 B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: K 4LEY-HORN AND ASSOCIATES, INC. Aaron K. Rader, P.E. 13829 Technology Drive Suite A-2 Oklahoma City, Oklahoma 73134 Telephone: 405-241-5454 C. City's Address. The City's address and numbers for the purposes of notice are: John Turpin, P.E. City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: 806-775-2342 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. Page 7 of 10 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through `B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. Page 8 of 10 K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article H, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. No Boycott of Israel. The Engineer warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that: (1) The Engineer does not boycott Israel; and (2) The Engineer will not boycott Israel during the term of the Agreement. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 10 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: D , I., 'V Rebe ca Garza, City Secrets APPROVED AS TO CONTENT: Michael G. Keenum, P.E., City Engineer ohn Turp'n, P. '., gineering CIP and Design Se Manager APPROVED AS TO FORM: -ajw 1<1 ---- Ke i Leisure, Assistant City Attorney DANIEL M. POPE, MAYOR Firm Kimley- andaAss'ates, Inc. By: S io e Page 10 of 10 EXMBTT "A" Scope of Services for South Lubbock Sanitary Sewer Extension, Phase 3 Project Understanding This project is identified in the City of Lubbock Wastewater Master Plan, August 2009, as the 1301h Street Gravity Line. Phase I of this project consisted of an extension from the Southeast Water Reclamation Plant to the intersection of 98`" St. and Avenue P. Phase 2 of this project consisted of an extension from 98`" Street and University Ave. to 136`h St. and Quaker Ave. This Agreement will extend the sanitary sewer line from Quaker Ave. to Frankford Ave. The Final Design of the sanitary sewer extension is based on the approved alignment shown in the attached exhibit. The Scope of Services for future bidding/construction phase services, as recommended by the City of Lubbock, is not included and may be provided as an amendment to this contract. Task 1— Project Management A. Prepare for and conduct monthly progress meetings to monitor the development of the project. Six (6) total meetings in Lubbock are anticipated. B. Prepare and e-mail monthly progress reports to the project team (City, subconsultants (as necessary), and KHA Staff. C. Prepare project correspondence and invoicing documents. D. Coordination with subconsultant and City regarding Land Acquisition of easements. Task 2 — Topographic Survey A. Establish control monuments (3 per mile) with aluminum caps set in concrete with static GPS based on approval from City of Lubbock (this work will be from Quaker Ave. to Frankford Ave.). B. Establish a vertical control for monuments using digital level and City of Lubbock control on NAVD 88/NAD 83. C. Perform a field survey to identify and locate existing topographic elements within the sanitary sewer alignment including, but not limited to the following: a. Property corner monuments b. Existing pavement, curbs, sidewalks, barrier free ramps, etc. c. Roadway and lane striping d. Driveways e. Existing culvert sizes and invert elevations f. Existing driveways and swales g. Utility manholes, vaults, water valves, water meters, telephone poles, power poles, utility markers, other public utilities, and franchise utilities h. Traffic signal poles, cabinets, and other signal equipment i. Signs (excluding temporary signs) J. Trees, including species and caliper Buildings and permanent structures k. Retaining walls 1. Fence limits and material types (excluding temporary fences) ATTACHMENT "A" - 1 OF 9 m. Other applicable physical features that could impact design D. Prepare a right-of-way / easement base map a. The right-of-way / easement base map shall be contained on standard size plan sheets (22"x34") at a scale not smaller than 1" = 30', shall be sealed, dated, and signed by a Registered Professional Land Surveyor and shall contain the following: i. Summary sheet listing all parcels to be acquired, property owners, gross area of property, square footage and type of easements, net area of property after acquisition, a column for volume and page of filing, and current volume and page H. Corners of all parcels tied to the centerline iii. Location of all existing property pins iv. Location of all new property pins v. Parcel number vi. Area required vii. Area remaining viii. Current owner ix. Any existing platted easements or easements filed by separate instrument including easements provided by utility companies E. Prepare a final topographic drawing in digital format (including contours and break lines) showing the features located in the field as well as right-of-way base map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions Task 3 — Final Design F. Geotechnical a. Subsurface Exploration i. Seven (7) bores will be taken to a depth ranging from 15 to 50 feet below existing grade to determine subsurface conditions and make recommendations regarding embedment, backfill and excavation parameters. ii. Soil samples obtained from the test borings will be identified according to test boring number and depth, and a representative portion of each sample will be sealed in a plastic bag to protect against moisture loss. b. Laboratory Services i. Samples will be transported to the laboratory where they will be examined and visually classified by a Geotechnical Engineer using the AASHTO and Unified Soil Classification System (USCS) in general accordance with ASTM D 2488. To aid in classification of the soils and determination of their selected engineering characteristics, a testing program will be conducted on selected samples in general accordance with the following standards: ATTACHMENT "A" - 2 OF 9 Laboratory Test Test Standard Moisture Content ASTM D 2216 Atterberg Limits ASTM D 4318 Percent Passing No. 200 Sieve ASTM D 1140 c. Engineering Services i. Laboratory test results will be used to classify the soils according to the AASHTO soil classification and also determine the soil and groundwater conditions relative to utility installation. I Prepare a geotechnical report that presents the results of the field and laboratory data as well as analyses and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes only. G. Franchise Utility Coordination a. This agreement includes Subsurface Utility Engineering (SUE) Quality Level C (QL"C") which includes QL"D" information supplemented with information obtained by surveying visible above -ground utility features such as valves, hydrants, meters, manhole covers, etc. b. Send notification letters to identified franchise utility companies to obtain their applicable record drawing information. c. Perform conflict analysis based upon information received through topographic survey and franchise utility record drawings. d. Coordination with franchise utility companies on location, protection, and/or relocation of identified utilities. e. The due -diligence provided for this project will consist of reviewing "As -Built" documents available from the City and utility owners. Utilities that are not identified through these efforts will be here forth referred to as "unknown" utilities. Locating and designating these "unknown" utilities outside of the immediate route area is not included in this work. H. Plans a. Prepare engineering plans, specifications, and construction contract documents for project bidding and regulatory approval. Plans will consist of 22"x 34" plan and profile sheets at 1"=40'. The Consultant anticipates preparing approximately 25-35 plan sheets. The Consultant will provide the following information on the plan sheets: i. Civil sheets 1. Cover 2. General project notes 3. Horizontal and vertical control 4. Plan and profile view 5. Erosion control plan 6. Traffic control plan 7. Pavement repair details 8. Construction details ATTACHMENT "A" - 3 OF 9 1. Contract Documents a. Specifications will include technical specifications for materials and installation of the proposed facilities. The Contract Documents will be based upon the Client's Standard Contract documents. The Client's requirements for Public Works Construction will govern all other specifications. I Permitting a. Submit plans and specifications to TCEQ for review. b. Assist Client with TxDOT and County permit application by providing required documentation. K. Perform up to four (4) site visits with City Staff to verify existing conditions and proposed design components. L. Submit to the Client 60% complete plans, specifications, contract documents, and OPCC for review and comments. M. Make revisions based on the Client's review of the 60% submittal. N. Submit to the Client 95% complete plans, specifications, contract documents, and OPCC for review and comments. O. Make revisions based on the Client's review of the 95% submittal. P. Submit Final plans, specifications, contract documents, and OPCC to client. Meetings: A. Meet with Client to present 60% complete plans, specifications, contract documents and an OPCC for this phase of the project. B. Meet with Client to present 95% complete plans, specifications, contract documents and an OPCC for this phase of the project. Deliverables: A. Three (3) copies of 60% complete plans, specifications, contract documents and an OPCC for review and comment. B. Three (3) copies of 95% complete plans, specifications, contract documents and an OPCC for review and comment C. Three (3) copies of final plans, contract documents and OPCC ATTACHMENT "A" - 4 OF 9 Task 4 — Land Acquisition Services Provide services necessary to acquire rights -of -way in a form acceptable to the Client. Services will be provided in accordance with HB 1495 — The Land Owner's Bill of Rights. The limits of the land acquisition will be from Quaker Avenue to Frankford Avenue (5 parcels are anticipated for land acquisition). Major tasks for land acquisition services and rights -of -way will include the following items. A. Document preparation - Consultant will be responsible for surveys, legal descriptions, and parcel plats required for the acquisition of the necessary rights -of -way. The necessary legal documents will be filed at the Lubbock County Courthouse for acquisition of the necessary rights -of -way. The right-of-way documents will be submitted to the Client for review. B. Title information - Title Policies will be purchased based on the Texas Title Insurance Premium Rates effective at the time of purchase. A premium rate table is attached. Consultant will prepare the necessary title examinations to research and retrieve deeds for affected parcels. Information from the title examination including land owner name, a copy of the warranty deed, and a description of the necessary easement affecting the property will be provided to the Client. A copy of the Title Commitment for each property, including a review of liens or other exceptions, will be provided to the Client. A determination as to the acceptability of the exceptions will be the responsibility of the Client. Any actions required to clear title are outside this scope of services and will be negotiated as additional services if necessary. C. Negotiation - Consultant will provide services relating to right-of-way acquisition. Permission from land owners of affected parcels will be obtained and signed documentation provided to others requiring access to the subject tracts to fulfill specific contractual obligations. If necessary, negotiations for compensation for right -of -entry will be conducted in consultation with the Client. A good faith effort will be made to obtain the necessary rights -of -way through the negotiation process, which will generally consist of no less than three contacts with the property owner or authorized representative. Generally, no more than five contacts will be necessary to either reach an agreement or determine if further negotiations would be non -productive and eminent domain actions necessary. If absentee owners are involved, the negotiations may be conducted via telephone, fax, or by mail. If the schedule for acquisition of the right-of-way or other factors arises, which make it expedient, travel outside of the project area to meet with the absentee owners may be desirable. If such events arise, the travel must be specifically authorized by the Client. If such travel is authorized the expenses involved including the agents time will be considered as additional services. The initial offer made to the property owner will be based on the value approved as previously discussed in No. 1 and 2 above. All counter-offers by the property owner along with recommendations will be presented to the Client for their consideration. Meetings will be held with appropriate Client staff or the City Council as necessary to present negotiation information. Meetings with the City Council will be held as scheduled for regular and special sessions. The Client must approve such counter offers prior to authorizing any requested changes. All monetary offers made to the property owners will be within the limits authorized by the ATTACHMENT "A" - 5 OF 9 Client in the various stages of the negotiation. After reaching an agreement with the landowner on the consideration and all other terms of the transaction, a Memorandum of Agreement (M/A) executed by the property owner will be forwarded to the Client for ratification. This M/A will set forth the compensation and any other terms and conditions agreed upon. The Client will be responsible for obtaining the ratification and for returning the ratified M/A. The document will then be signed and recorded at the Lubbock County Courthouse. The payment to the property owner and the closing procedures will be in compliance with the procedures defined in No. 7, Closing Procedures, below. In the event these good faith efforts fail to produce a satisfactorily negotiated agreement, Consultant will recommend the Client use the power of Eminent Domain to acquire the right-of-way. Services for this task will be compensated on a per man day not -to -exceed basis. Services relating to actions involving Eminent Domain are not included in this scope of services and must be authorized by the Client as additional services. D. Title review for oil and gas leases and severed mineral rights - A review of the Title Commitment will be performed to ascertain if any outstanding oil and gas leases are effective and valid for each parcel. Consultant will also review Title Commitment in an attempt to discover whether property has all minerals severed. Consultant will notify the Client of such situations and work with the Client to minimize liability or exposure. E. Closing procedures - Consultant will coordinate contacts with the Client and Title Company to deliver payments to the property owner and record the documents. The documents will be returned to the Client after recording at the Lubbock County Courthouse. ATTACHMENT "A" - 6 OF 9 Additional Services/Future Tasks Additional services to be performed if authorized by the City, but which are not included in the above -described Scope of Services, are as follows: A. Update to the City's GIS data or maps; B. Water line or other City owned utility design; C. Bidding and Construction phase services; D. Update to the land use plan; E. Perform condition assessment on any existing sanitary sewer line including flow monitoring; F. Preparation of platting documents and/or real property survey for site acquisition; G. Permitting, application, and similar project fees; H. Accompanying the City when meeting with the TCEQ, U.S. Environmental Protection Agency, or other regulatory agencies during the course of the Project, beyond those meetings identified above. The Engineer will assist the City on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the Client's compliance efforts; I. Assisting City or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, will be furnished by the Engineer on a fee basis negotiated by the respective parties outside of and in addition to this Agreement; J. Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced herein above; K. Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications; L. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the City; M. Providing professional services associated with the discovery of any hazardous waste or materials in the project site; N. Additional meetings beyond those identified in the Scope of Services; O. Preparation for and attendance to public meetings to discuss the project; and P. Any services not listed in the Scope of Services. ATTACHMENT "A" - 7 OF 9 Schedule Engineer will provide the Services as expeditiously as practicable to meet the described schedule. a Final Design — 6 months upon notice to proceed. Fee and Billing Engineer will provide the Reimbursable Tasks identified in the Scope of Services and shown in the Table below on a labor fee plus expense basis total, not to exceed $606,200 for the reimbursable tasks, which includes all reimbursable expenses. The not to exceed amount will not be exceeded without the client's prior written approval and amendment of this Agreement. The reimbursable fee breakdowns below are provided for budgeting purposes only and are not intended to represent a specific budget for each reimbursable task. Engineer reserves the right to reallocate the reimbursable budget among tasks as determined necessary by Engineer and approved by City's representative. Labor fees will be billed according to the attached rate schedule. Direct reimbursable expenses including express delivery services, fees, and other direct expenses will be billed at 1.10 times cost. An office expense amount will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing. Reimbursable fees will be invoiced monthly based on the actual amount of services performed and expenses incurred. Payment of all fees will be due within 30 days of your receipt of the Invoice. Section I Task: Task Fee: 1. Project Management $66,200 2. Topographic Survey $157,400 3. Final Design $349,900 4. Land Acquisition $32,700 Total Reimbursable Fee: $606,200 ATTACHMENT "A" - 8 OF 9 Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional I....................................................................... $240 - $255 Senior Professional II..................................................................... $170 - $245 Professional.................................................................................... $155 - $185 Senior Technical Support ............................................................... $115 - $185 Technical Support .......................................................................... $70 - $100 Analyst........................................................................................... $100 - $15 5 Support Staff.................................................................................. $75 - $ 110 Effective July 2017 ATTACHMENT "A" - 9 OF 9 Kimley>Morn Project Fee Calculation EXHIBIT B-1 Budget Summary Date- Nov 13, 2017 Project• .n Fee Information Client: City of Lubbock Fee Type: CID {"` Fix Mult Project: SLSSE Phase 3 Expense Mult: 1.10 Schedule: LUB KHA No. TBD Office Exp %: 4.6% PM. Aaron Rader BudgetTask No. Task Name Hours Labor 0• Expenses Task 888 Office Exp. Subtotal 100 Project Management 223 $ 47,500 $ 16,500 $ 2,200 $ 66,200 200 Topo Survey (HRA) $ 157,400 $ 157,400 300 Final Design 1,303 $ 292,500 $ 43,900 $ 13,500 $ 349,900 400 Land Acquisition (HRA) $ 32,700 $ 32,700 $ - TOTALS:1 1,526 $ 340,0001 $ 250,500 1 $ 15,700 $ 606,200 Kimley)))Horn Task Fee Calculation Client: City of Lubbock Project: SLSSE Phase 3 KHA No: TBD PM: Aaron Rader EXHIBIT B-1 Labor: $ 47,500 Expenses: $ 16,500 Office Exp: $ 2,200 TOTAL: $ 66,200 Date'. November 13, 2017 InformationTask Number:100 Name: Project Management Task Mgr: Garrett Putman Task Descriptions: GLC: P8 P6 P3 N6 B5 (Hrs) Expenses ($) 6 monthly progress meetings 24 48 48 120 $ 15,000 Document for meetings 12 12 Coordinate with subconsultants 6 12 18 18 Prepare monthly progress reports 6 12 Electronic file setup 1 8 8 1 1 1 1 _ 1 1 16 Project Administration Correspondence 15 8 23 Invoicing 8 8 16 Subtotals: 24 75 68 48 8 223 $ 15,000 Kim ey>>> Horn EXHIBIT B-1 Task Fee Calculation Date: November 13, 2017 F-G—eneral Project Information Task Effort Summary Task Information Client: City of Lubbock Labor: $ - Number: 200 Project: SLSSE Phase 3 Expenses: $ 157,400 Name: Topo Survey (HRA) KHA No: TBD Office Exp: $ - Task Mgr: Garrett Putman PM: Aaron Rader TOTAL: $ 157,400 Kimley>>>Horn Task Fee Calculation Client: City of Lubbock Project: SLSSE Phase 3 KHA No: TBD PM: Aaron Rader EXHIBIT B-1 Date: November 13, 2017 Labor: $ 292,500 Task Information Number: 300 Expenses: $ 43,900 Name: Final Design Office Exp: $ 13,500 Task Mgr: Garrett Putman TOTAL: $ 349,900 a� o� o�°� Task Descriptions: GLC: P8 P6 P3 N6 (Hrs) Expenses ($) Geotechnical Engineering $ 11,889 See PaveTex fee breakdown attached Reduce survey data _ Confirm survey information Franchise Utility Coordination 20 60 80 12 20 32 $ 6,000 Data Collection Send notification letter 21 81 1 1 1 10 Conflict analysis/exhibit 20 30 50 Coordination with utility companies 20 30 50 Plan Sheets General Sheets (Cover, Control, etc.) 2 8 10 General Project Notes 2 6 8 Plan and Profile 25 1201 2401 385 Erosion Control plan 10 30 1 1 1 1 1 1 40 Traffic Control Plan sheets 2 20 70 92 Pavement repair details Details 2 15 30 47 10 20 30 Contract Documents Font end documents Technical Specifications 301 301 10 70 5 20 40 20 1 1 85 . Coordinate with contractors for cost and 8 1 8 constructability issues 60% OPCC 1 5 10 16 90% OPCC 1 5 10 16 Final OPCC 1 51 101 16 Permitting (TCEQ and TXDOT) 4 8 1 12 Site Visits (4 visits) 16 32 32 80 $ 10,000 QA/QC Review / Address Comments 15 25 60 100 60% and 95% Plan Submittal Meeting Deliverables 60% Plans 12 12 12 36 $ 9,000 11 51 4 10 $ 750 95% Plans 1 5 4 1 10 $ 750 Final Plans 1 5 4 10 $ 1,500 4 Subtotals: 80 4 22 779 42 1303 $ 39,889 Kim ey>>> Horn EXHIBIT B-1 Task Fee Calculation Date: November 13, 2017 Client: City of Lubbock Labor: $ - Number: 400 Project: SLSSE Phase 3 Expenses: $ 32,700 Name: Land Acquisition (HRA) KHA No: TBD Office Exp: $ - Task Mgr: Garrett Putman PM: Aaron Rader TOTAL: $ 32,700 EXHIBIT B-2 HUGO REED & ASSOCIATES - TOPOGRAPHIC SURVEY SERVICES SOUTH LUBBOCK SANITARY SEWER EXTENSION - PHASE 3 ESTIMATE OF MAN -DAYS, TASKS and EXPENSES Prin. P roj Sr. Tech. or Draf Survey Total Total Task In Manager Land P. E. EIT _ D Charge Surveyor Crew Mgr. ($) Rates:l $ 150.00 1 $ 145.00 1 $ 130.00 I7=06 1 $ 95.00 $ 90.00 1 $ 90.00 1 $ 180.00 1 # $ Task 1 - Project Management A Attend Monthly Project Meetings (Assume One per Month for Three Months) 6 3 6 15 $ 2,010.00 B Attend Review Meetings - 30%, 60%, 90% and Final Review Meetings B 8 16 $ 2,360.00 C Internal QA/QC prior to submittals 4 e 12 $ 1,600.00 D Project Site Visits 4 4 8 $ B80.00 E Attend Design Kickoff Meeting 2 2 4 $ 590.00 F Attend Utility Coord. Meetings 2 2 4 $ 590.00 G Preliminary Alignment 4 4 8$ 1,020.00 Task 1 - Project Man. Subtotal Hours/Costs 67 1$ 9-050.00 Task 2 - Surveying A Establish Project Horizontal and Vertical Control (Quaker Avenue to FM1585 & Frankford Ave.) 1 4 8 24 37 $ 5,710.00 B Locate Section Corners to Reestablish Alignments (Quaker Avenue to FM1585 & Frankford Ave.) 4 12 24 40 $ 5,920.00 C Set Permanent Control Monuments (Approx. 3 Monuments/Mile, to FM 1585) 1 2 4 8 24 39 $ 5,810.00 D Update Existing Rights -of -Way to FM 1585 8 8 40 56 $ 8,960.00 E Update Right -of -Way Basema to FM 1585 B 11 1 8 80 98 $ 9,180.00 F Detailed Survey of 136th Street and Quaker Avenue Intersection 1 1 1 4 4 11 $ 1,390.00 G Detailed Survey of 135th Street and Quaker Avenue Intersection 1 1 1 4 4 11 $ 1,390.00 H Detailed Survey of 134th Street and Quaker Avenue Intersection 1 1 1 6 8 17 $ 2,290.00 I Detailed Survey of Chicago Avenue crossing 1 1 4 4 10 $ 1,265.00 J Detailed Survey of Slide Road crossing 1 1 2 8 12 $ 1,805.00 K Detailed Survey of Frankford Avenue crossing 1 1 4 8 14 $ 1,985.00 L Detailed Survey of FM 1585 and Frankford Avenue Intersection 1 2 1 1 6 8 19 $ 2,605.00 M Topographic/Improvement Survey of Quaker Avenue north to FM 1585 (Approx. 50 It Cross Sections) 1 1 3 16 21 $ 3,370.00 N Topographic/Improvement Survey of proposed route parallel to FM 1585 between Quaker Avenue and Slide Road (Approx. 100 ft Cross Sections 2 3 12 24 41 $ 5,930.00 O Topographic/Improvement Survey of Slide Road north to FM 1585 (Approx. 50 ft Cross Sections) 1 2 8 24 35 $ 5,350.00 P Topographic/Improvement Survey of proposed route parallel to FM 1585 west of Slide Road (t800 ft. Approx. 100 ft Cross Sections) 1 1 2 8 12 $ 1,840.00 Q Topographic/Improvement Survey of proposed route around Drainage Basin (t800 ft Approx. 100 ft Cross Sections) 4 3 12 24 43 $ 6,190.00 R Topographic/Improvements Survey of proposed route from drainage basin to Chicago Avenue (A rox. 100 ft Cross Sections) 2 1 1 4 8$ 1 160.00 EXHIBIT B-2 HUGO REED & ASSOCIATES - TOPOGRAPHIC SURVEY SERVICES SOUTH LUBBOCK SANITARY SEWER EXTENSION - PHASE 3 ESTIMATE OF MAN -DAYS, TASKS and EXPENSES Rates:j Prin. In Charge $ 150.00 P roj Manager 1 $ 145.00 Sr. Land Surveyor $ 130.00 P. E. $ 125.00 EIT 1 $ 95.00 Tech. or SurveyTask Crew Mgr. 1 $ 90.00 Draf .. $ 90.00 Survey $ 180.00 Total # Total ($) $ S Topographic/Improvement Survey of Chicago Avenue north to FM 1585 (Approx. 50 ft Cross Sections) 1 1 2 16 20 $ 3,280.00 T Topographic/Improvements Survey of proposed route from Chicago Avenue thru Huffines Business Park (Approx. 50 ft Cross Sections) 2 1 8 12 23 $ 3,230.00 U Topographic/Improvements Survey of proposed route from Huffines Business Park along the north line of Affordable Storage to Frankford Avenue (Approx. 50 Ift Cross Sections) 1 1 1 21 8 13 $ 1,985.00 V Topographic/Improvements Survey of proposed route along the Frankford Corridor to FM 1585 1 2 8 16 27 $ 3,910.00 W Locate Surface Evidence of Existing Utilities Including Manholes with Inverts, Water Valves, Gas Valves, etc. (Does Not Include Data Collection for Utilities Located by SUE, to FM 1585) 1 2 2 2 4 8 8 27 $ 3,470.00 X Locate Geotechnical Test Holes 2 8 2 8 8 28 $ 3,670.00 Y Locate Monitoring Wells Assume 4 Monitoring Wells 1 2 2 2 12 19 $ 2,855.00 Z Develop 3-D Terrain CADD Model of Project Corridor for Design 4 8 8 80 100 $ 9,260.00 AA Document Research 2 12 32 46 $ 4,310.00 BB Party Chief, Office Calculations, Record Keeping 24 24 $ 6,320.00 CC RPLS, Supervision, Data Processing, Calculations and Record Keeping 18 32 50 $ 6,770.00 Expenses $ 12 811.00 Task 2 - Surveying Subtotal Hours/Costs 901 $ 134,021.00 Subtotal Hours and Cost Subtotal Labor & Basic Services $ 143,071.00 Previous Contract Balance Not Expensed $ - Net Subtotal Labor & Basic Services $ 143,071.00 EXHIBIT B-3 FEE PROPOSAL GEOTECHNICAL INVESTIGATION PaveTex 12804 County Road 2500 Lubbock TX 79404 PAVETEX4V Office (806) 771-7283 Fax (806) 771-7062 Client: Kimley-Horn and Associates, Inc. Project: SLSSE Phase 3 Location: Lubbock Texas Date: November 7, 2017 GeotechnicalInvestigation Fee MY Estimate Geotech Borings Per Foot $ 14.00 265 $ 3,710.00 Drill Rig Mobilization $ 1,000.00 1 $ 1,000.00 Drill Crew Per Diem $ 240.00 1 $ 240.00 Laboratory Tests Soils Atterber Limits $ 70.00 30 $ 2,100.00 Classification of soils inc washedgrad) $ 75.00 30 $ 2,250.00 Moisture content $ 10.00 30 $ 300.00 Technician / Engineering Field Technician Hourly $ 59.00 20 $ 1,180.00 Senior Geotech Hourly $ 175.00 6 $ 1,050.00 Administrative/Clerical (1 hr minimum month) $ 59.00 1 $ 59.00 Total $ 11,889.00 EXHIBIT B-4 HUGO REED & ASSOCIATES - LAND ACQUISITION SERVICES SOUTH LUBBOCK SANITARY SEWER EXTENSION - PHASE 3 ESTIMATE OF MAN -DAYS, TASKS and EXPENSES HRA CTHG Man Day Crew Day Man Da $ 1,000.00 $ 1,200.00 $ 1,600.00 TASK DESCRIPTION Fee 1 DOCUMENTATION PREPARATION Hugo Reed and Associates, Inc. 4 5 $ 10,000.00 Craig, Terrill, Hale & Grantham, LLP 3 $ 4,800.00 2 TITLE REPORT INFORMATION Craig, Terrill, Hale & Grantham, LLP $ 1,500.00 Individual reports on an 'as needed' basis* 3 NEGOTIATION Hu o Reed and Associates, Inc. (3 contacts per land owner) 5 $ 5,000.00 TITLE REVIEW FOR OIL & GAS LEASES 4 AND SEVERED MINERAL RIGHTS Craig, Terrill, Hale & Grantham, LLP 3 $ 4,800.00 5 PROJECT MANAGEMENT Hugo Reed and Associates, Inc. 2 $ 2,000.00 Craig, Terrill, Hale & Grantham, LLP 1 $ 1,600.00 6 CONDEMNATION - ADDITIONAL SERVICES Fee $ 11,000.00 $ 6,000.00 $ 11,200.00 $ 29,700.00 Tasking in this spreadsheet is based on preliminary pipeline route provided by Kimley-Horn and Associates, Inc. and all associated land acquisition services for 5 parcels. Should a change in route be required or should additional parcels be identified, an amendment to this agreement for out of scope services will be required. *To be obtained by from a title company of Sub consultants choice at the approximate rate of $300 each, 5 max K:\OKC_Marketing\Lubbock\SLSSE Ph3\PPP\Subconsu1tant\HRA\C0L SLSSE Ph3_HRA Land Acquisition_20171024.xls Page 1 71-�— F.M. 1585 (13m LEGEND cffy uw um PROPOSM SEWER LSE HORMWrAL WAM- 1* - 2OWo al�� NORTH cjl tff vt Lubbo6k 44 r r.- P r CITY OF LUBBOCK 146th STREET LUBBOCK COUNTY DATE' WYEMBER 2M7 MUMOW SEWBt UK C" OF LLGBM --A DMOWAM SCUT LUZ= SAWMY Kimley,-P))Horn QUM AWL M SBM MENWA PFL 3 SMELLAMEL—M CPECKM. W-*JfO:(= AVE W PACKAa A =,MMN— MM�MMML.. m ft va It Ims-m-ow i� TWMWV Dr. Sft #,2 00� M OC 7" KM MW WMnMl CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. !J Name of vendor who has a business relationship with local governmental entity. Kimley-Horn and Associates, Inc. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F]Yes FIND B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F]Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 November 21, 2017 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11 30,2015 CERTIFICATE OF INTERESTED PARTIES FORM 12gcJ loll 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2017-286609 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 11/22/2017 2 Name of governmental entity or state agency that is a party to the contract for which the farms being filed. City of Lubbock Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. SLSSEPH3 South Lubbock Sanitary Sewer Extension, Phase 3 4 Nature of interest Name of Interested Party City, State ty, Country (place of business) (check applicable) Controlling Intermediary Atz, John Dallas, TX United States X Peed, Brooks Dallas, TX United States X Schiller, Mike Dallas, TX United States X Wilson, Mark Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is We and correct. YP ��iTERESA J. GUNSOLUS i,- Notary Public, State of TexasComm! x ire p' s 12-27-2020�r1```�� EE�, Notary ID 130943032 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the r� .� G day of L 11� 20�_, to certify which, witness my hand and seal of office. Signature of d6cer administering oath Printed name of officer administering oath Title of officer administering oath Forms provioea ny I exas ttnics commission www.etnics.state.tx.us Version V1.0.3337