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HomeMy WebLinkAboutResolution - 2023-R0095 - Contract 17008 with Agri-Waste Technology 2.28.23Resolution No. 2023-R0095 Item No. 5.12 February 28, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Contract No. 17008 related to water/nitrogen balance modeling and cropping consulting services and related services, by and between the City of Lubbock and Agri -Waste Technology, Inc. ("AWT") , and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on the 28th day of February, 2023 ,2021 A EST: AA " �Y. Rebecca Garza, City Secret APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: Amy Si epu i Attorney RES.Agreement-Agri Waste Technology 17008 Resolution No. 2023-R0095 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement("Agreement") # 17008 is entered into this 28th day of February, 2023, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Agri -Waste Technology, Inc. (the "Engineer" or "AWT"), a North Carolina corporation. WITNESSETH WHEREAS, Engineer has substantial skill and experience in the fields of agronomy and soil science and the management, evaluation and remediation of land application of effluent (the "Activities"); WHEREAS, after consideration of the work experience and other qualifications of the Engineer, the City has determined that the Engineer possesses significant abilities and experience in regard to the Activities and has agreed to perform services related to the Activities for a fair and reasonable price; WHEREAS, the City desires to contract with the Engineer to perform services related to the Activities and the Engineer desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Engineer agree as follows: ARTICLE I Services 1.01 Engineer shall conduct all activities, as set forth on Exhibit "A", "Scope of Work", attached hereto (the "Services"). The Services shall be completed by the Engineer as provided in the Scope of Service. In addition to the specifically described tasks, the Engineer shall also conduct the activities described in the Scope of Work relating to described specific tasks (the "Task -5 Additional Services"), as requested by the City. 1.02 The services related to the Activities, including any product deliverable thereof, is performed at the direction of the City Attorney of the City and such work is privileged under the attorney -client privilege and the attorney work product privilege. The work, or any aspect thereof, related to the Activities shall not be disclosed to any other party or entity without the express approval of the City Attorney of the City. ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided to the City as described in Article I shall be as provided on Exhibit "A", attached hereto, not to exceed the sum of Three Hundred and Fifty Nine Thousand Nine Hundred and 00/100 ($359,900.00). The Task 5 Additional Services shall be payable upon the hourly rates and fees as set forth in Exhibit "A"; provided, however, the Engineer agrees to obtain City's prior written approval of all fees and charges for Task 5 Additional Services shall not exceed the total accumulated sum of Twenty Thousand and 00/100 ($20,000). If, during the term of this Agreement, it is determined that the Engineer's total accumulated fees and charges for Additional Services will exceed the sum of Twenty Thousand and 00/100 ($20,000), then, upon mutual agreement of the parties at such time, this Agreement may be amended setting forth the payment of compensation to the Engineer for Task 5 Additional Services in excess of said sum. The amount payable hereunder shall be invoiced to the City on a monthly basis as the work is performed, and shall be payable by the City within thirty (30) days -2- after receipt of same. Except as differentiated in Section 1.01 and Section 2.01, the terms "Services" and "Additional Services" shall be collectively referred to herein as "Services". 2.02 This Agreement shall expire 730 days after the date of execution. If the Engineer determines that additional time is required to complete the Services, the Director of Water Utilities may, but is not obligated to, in his discretion, execute an agreement to grant up to an additional six (6) months of time so long 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. Either party may terminate this Agreement for convenience by providing written notice to the other party at least five (5) days prior to the effective date of termination as provided in such notice. In the event this Agreement is so terminated, the City shall pay the Engineer only for services actually performed by the Engineer up to and including the effective date of termination. ARTICLE III Independent Contractor 3.01 It is understood and agreed that the Engineer is to perform the Services in a sound and professional manner and exercising the degree of care, skill and diligence in the performance of the Services as a reasonable and prudent engineer; and the Engineer hereby warrants to the City that the Services shall be so performed. Further, the Engineer is and shall be considered at all times an independent contractor under this Agreement and/or in its services, hereunder. During the performance of the Services under this Agreement, the Engineer and Engineer's employees shall 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 -3- or 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 IV Events of Default/Remedies 4.01 Engineer's Defaults/City's Remedies. In the event either party shall default in the performance of any term or provision of this Agreement for any reason other than failure by the other party to perform hereunder, the non -defaulting party may, if said default shall be continuing after five (5) days notice of such default is delivered to the defaulting party, exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to 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, commercial general liability and professional liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies -4- must carry a Best's Rating of A-VII or better. 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 (to include Environmental Liability): Combined Single Limit: $1,000,000 Automotive Liability (AU Auto) Combined Single Limit: $1,000,000 Employer's Liability: Per Occurrence Single Limit: $1,000,000 Work Comp $500,000 The City shall be listed as an additional insured on a primary of non-contributory basis with respect to the Commercial General Liability. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice to City of cancellation. A copy of the primary and non-contributory additional insured endorsement and waiver of subrogation attached to the policy will 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 -5- Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Employer's Liability with limits of at least $100,000 each accident, $500,000 by disease policy limit, and $100,000 by disease each employee shall also be obtained and maintained throughout the term of this Agreement. 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 this Agreement shall be discontinued immediately. ENGINEER HEREBY RELEASES THE CITY AND THE CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS, FOR ITSELF, ITS EMPLOYEES AND AGENTS, AND SHALL INDEMNIFY AND HOLD CITY AND CITY' S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES, AND INCLUDING REASONABLE ATTORNEY' S FEES, AS A RESULT OF, RELATED TO, ARISING FROM, OR RELATED TO ENGINEER'S USE OR OCCUPATION OF CITY OWNED LANDS, AND/OR ANY MATTER RELATED TO ENGINEER'S ACTIVITIES, PERFORMANCES, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT. ARTICLE VI Miscellaneous -6- 6.01 The Engineer shall comply with all laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.02 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Mary Gonzales, Wastewater Superintendent City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Facsimile: 806-775 -3 229 For Engineer: Chris Mosley, CEO 501 N. Salem St., Suite 203 Apex, NC 27502 Facsimile: (919) 233-1970 6.03 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN -7- PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.04 This Agreement represents the entire and sole agreement between the City and the Engineer with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. 6.05 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. 6.06 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.07 Any and all work product prepared by the Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Section 2.01, above. 6.08 A waiver by either City or Engineer of a breach of this Agreement shall be in writing. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. -8- 6.09 The Engineer may not assign this Agreement, in whole or in part, without the written consent of such assignment by the City. City and the Engineer each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.10 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and the Engineer. 6.11 Engineer represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, the Engineer to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind the Engineer hereto. 6.12 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 document, the former shall control. 6.13 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 thencurrent fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, -9- 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. 6.14 SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. 6.15 No Boycott of Israel. The Consultant warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by Verifying that: (1) The Consultant does not boycott Israel; and (2) The Consultant will not boycott Israel during the term of the Agreement. 6.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: O (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, Lake 7 — USACOE 404 Pre -Application Phase Support Page 10 of 21 policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. -10- 6.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. 6.18 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the -11- contract as provided by the records retention requirements applicable to the governmental body. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. CITY OF LUBBOCK AT TEST: AA RebecW Garza, ity Secretary APPROVED AS TO CONTENT: Aubrey A. 5 , P.E., D' ector of Water Utilities APPROVED AS TO FORM: Amy L. ,Deputy City Attorney Agri -Waste Technology, Inc. . I - 9 zn� --- Chris Mosley, CEO -12- Exhibit A SCOPE OF WORK Task 1: Water / Nitrogen Balance Modeling and Reporting Task 1.1 Weekly Activities 1. Weekly water and nitrogen application report shall be based on the output of the water and nitrogen balance model and include: a. Significant non -routine issues requiring attention b. Reservoir levels for that week c. Pumping summaries from WWTF d. Pumping summaries to plots and outfalls e. Available storage in reservoirs f. Recommended applications to plots during the upcoming week i. In gallons and inches ii. Including special notes required 2. Data table updates to model, including effluent data updates and land application spreadsheets 3. Weekly Summary Report shall include: a. Summary of applications for the previous week i. Recommended application ii. Actual application iii. Difference iv. Planned annual PAN application (pounds of N per acre) v. Year to date PAN application (pounds of N per acre and percent of planned) vi. Special notes and explanations for differences over 0.5 inches of irrigation b. Significant non -routine issues requiring attention Task 1.2 Quarterly Activities 1. Update of soil data in model — during the year the City of Lubbock will provide updated soil analysis results. These results will be incorporated into the model. 2. Crop information updates — approximately quarterly the City will provide updated crop information (crop location, condition, and harvest) to the contractor, these updates will be incorporated into the model. 3. GIS updates a. Delivery of updated shapefiles and other data to the City 4. The contractor's project manager will prepare a brief quarterly report. The project manager will contact, by phone, the technical representative to briefly discuss the quarterly report. The report should be approximately 1 to 2 pages and cover: a. Needs from the client b. Upcoming deliverables to client/others c. Completed & upcoming milestones, events, and meetings d. Outstanding issues Task 1.3 Annual Activities 1. Annual model update and preparation (September) — each year the contractor will completely update and prepare the model for use during the upcoming year. The revised model upcoming year and the completed and closed -out model for the previous year will be provided in electronic format to the technical representative. 2. Annual model projections by month — each year the contractor will use the updated model, using historical average precipitation, the latest soil samples, effluent analyses for the previous year and projected flows from the SEWRP, to provide a snapshot of the projected applications needed for each plot on a monthly basis Task 2 Model Simulations for Management Changes Full rerun/update of model — during the year it is expected that the City will require a full scale rerun or update to the model, either to simulate proposed management changes or reflect actual management changes. This is expected to be required approximately four times per year. Task 3 Site Visits 1. Agronomist site visit to verify model parameters (winter and summer) — the contractor will schedule two site visits by an agronomist (one accompanied by engineer) through the technical representative. During these site visits the contractor's agronomist will verify that conditions at LLAS and HLAS are consistent with the model parameters being used for weekly recommendations. 2. Agronomist site visit report — the contractor will develop a report providing notes from the visit and identifying any issues requiring attention. 3. HLAS SAR inspection and report (during a semi-annual site visit) — during one of the semi-annual site visits described above, the contractor's agronomist will evaluate soil profiles in 3-6 fields at HLAS for evidence of infiltration problems associated with high sodium adsorption ratios. Task 4 LLAS Recharge Estimates LLAS recharge estimate (Spring) — the contractor will prepare an estimate of the leached effluent and excess N applied at the LLAS for the previous year. This estimate will be based on actual application records, effluent analyses and weather data. The contractor will prepare a projection of similar information for the current year and the next 4 years. Task 5 Additional Services Upon request, additional services can be provided. The additional services may relate to TCEQ compliance activities, additional model simulations, site visits, recharge estimates, or any other related activity within the scope of services provided. 2 Budget for Routine Services Task 1: Water/Nitrogen Balance Modeling and Reporting Total of $94,600 per year Task 1.1: Weekly Activities as indicated in the scope of services billed as a lump sum of. $4,850 per month Task 1.2: Quarterly Activities as indicated in the scope of services billed as a lump sum of: $5,350 per quarter Task 1.3: Annual Activities as indicated in the scope of services billed as a lump sum of- $15,000 per year Task 2: Model Simulations for Management Changes as indicated in the scope of services billed as a lump sum of: $6,300 per quarter Task 3: Site Visits as indicated in the scope of services billed as lump sums of: $ 8,600 per/winter $15,000 per/summer Task 4: LLAS Recharge Estimates as indicated in the scope of services billed as a lump sum of: $26,550 per year Task 5: Additional Services requested by the City, AWT agrees to perform such work at the hourly rates and fee reimbursements included in the schedule of fees and do not exceed a total of $10,000 per year, paid at percent completed of rendered services. Summary Table Task Description Unit Amt. Unit Total Amt. 1 Water/Nitrogen Balance Modeling and Reporting - _ _ 1.1 1 Weekly Activities $4,850 24 $116,400 1.2 Quarterly Activities $5,350 8 $42,800 1.3 Annual Activities $15,000 2 $30,000 2 Model Simulations $6,300 8 $50,400 3 Site Visits - _ _ 3.1 LLAS and HLAS Winter $8,600 2 $17,200 3.2/3.3 LLAS and HLAS Summer/HLAS SAR Inspection $15,000 2 $30,000 4 LLAS Recharge Estimates $8,850 6 $53,100 5 Additional Services as Requested by the City I Schedule of Fees 1 NA 1 $201,000 Total $359,900 3 Staff Chris Mosley Jeff Vaughan Julie Davidson Engineering/CAD Technician Field Technician Administration Services Reimbursable Expenses: Air Travel Lodging Mileage Meals Miscellaneous Direct Project Expenses Postage Shipping (Fed Ex, UPS, etc.) SCHEDULE OF FEES Fees for the Year 2023-24 Rate $145.00 per hr; $1,595.00 per day $215.00 per hr (legal rate) $145.00 per hr; $1,595.00 per day $215.00 per hr (legal rate) $115.00 per hr $75.00 per hr $70.00 per hr $60.00 per hr Cost Cost IRS Rate Cost Cost + 20% Cost Cost CERTIFICATE OF INTERESTED PARTIES FORM 1295 1:of i- Complete Nos. i - 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 2023-980054 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Agri -Waste Technology, Inc. Apex, INC United States Date Filed: 02/06/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock, Texas 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. 17008 Agronomic consulting 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is L r► f M �f ri and my date of birth is� ! My address is 2713 Sad; n 1 `►1 (street) (dty) (ate) (zip oQde) (country) I declare under penalty of pedury that the foregoing is true and correct. Executed in Gt County, State of , on the 1�day of 't r%20 Z � k Oz (month) (year) ftM G. AN20 1.i G T (a nm NOTARY PUBLIC WAKE COUNTY, ti Q1j— 2 — 20Z CWM*Wbn Expires 01-21-2024 Signature of authorized of contracting business entity ( arant) i-orms proviaeo Dy i exas unics commission www.etnics.state.tx.us Version V3.5.1.3ac88bcO 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-980054 Agri -Waste Technology, Inc. Apex, NC United States Date Filed: 02/06/2023 2 Name of governmental entity or state agency that is a parry to the contract for which the form is being filed. City of Lubbock, Texas Date Acknowledged: 02/22/2023 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. 17008 Agronomic consulting 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Fintermediary 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 (Declarant) rurrns provided by i exas tmics c-ommission www.etnlcs.state.tx.us Version V3.5.1.3ac88bc0