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HomeMy WebLinkAboutResolution - 2017-R0200 - MWM Architects Professional Services Agreement - 06/08/2017Resolution No.2017-R0200 Item No.5.4 June 8,2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the Cityof Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock,a Professional Services Agreement and related documents for architectural and contract administration services related to the Lubbock Tornado Memorial,by and between the City of Lubbock and MWM Architects,Inc.of Lubbock,Texas.Said Professional Services Agreement is attached hereto and incorporated in this resolution asif fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 8.2017 DANIEL M.POPE,IVIA^OR ATTEST: J. Rebecca Garza,i c <r- City Secretary APPROVED AS TO CONTENT: QlfQ^jQc^y Cheryl Brock,Executive Director of Budget APPROVED AS TO FORM: Justi ,Assistant City Attorney ccdocs/RES.Agreement -MWM Architects,Inc.-Lubbock Tornado Memorial Architectural and Contract Admin.Services May 24,2017 Resolution No. 2017-RO200 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the "Agreement"), is entered into this Rth day of _Tune , 2017 (the "Effective Date"), and is by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"), and MWM Architects, Inc., a Texas corporation (the "Architect"). RECITALS WHEREAS, the Architect has a professional staff experienced and is qualified to provide professional architectural services related to designing and managing the construction of public memorial spaces and installations, with such architectural services being further described in the attached "Exhibit A" (the "Services"); and WHEREAS, the Architect will provide the Services for a fair and reasonable pricing, with such pricing being further described in the attached "Exhibit B" (the "Service Fee"); and WHEREAS, the City desires to enter into an agreement with the Architect for the Architect's provision of the Services for the Service Fee; and NOW THEREFORE, for and in consideration of the terms, covenants, and conditions set forth in this Agreement, the City and the Architect hereby enter into this Agreement. AGREEMENT ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of two (2) years. If the Architect determines that additional time is required to complete the Services, the City Council or its designee, may, but is not obligated to, execute an amendment to this Agreement to grant an additional period of time for the Architect to complete the Services so long as the Service Fee does not change. ARTICLE H. SERVICES AND COMPENSATION The Architect shall conduct all activity described and related to the Services within the timeframe set forth in "Exhibit A," and the Architect shall receive as its consideration for the Services the Service Fee set forth in "Exhibit B." ARTICLE III. TERMINATION The City may terminate this Agreement, for any reason or convenience, upon ten (10) business days written notice to the Architect. In the event this Agreement is so terminated, the City shall only pay the Architect for the Services actually performed by the Architect up to the date the Architect is deemed to have received notice of termination, as provided herein. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, agreement, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court Professional Services Agreement— City of Lubbock & MWM Architects, Inc. — 2017 Page I 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 Architect 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 Architect has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. 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 Architect. This Agreement constitutes legal, valid, and binding obligations of the Architect and is enforceable in accordance with the terms thereof. D. The Architect. The Architect 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 Services contemplated hereby. E. Performance. The Architect will and shall conduct the Services in accordance with the standard of care, skill, and diligence normally provided by a professional person in performance of similar professional architectural services. The Architect shall comply with all applicable federal, state, and local laws, rules, and regulations relating to the provision of the Services. F. Use of Copyrighted Material. The Architect hereby represents that any materials used in the performance of the Services shall not contain any proprietary material owned by any other party that is protected under any federal, state, or local law, statute, rule, order, regulation, ordinance, or contractual obligation relating to the use or reproduction of materials. The Architect shall be solely responsible for ensuring that any materials provided by the Architect pursuant to this Agreement satisfy this requirement and the Architect agrees to indemnify and hold the City harmless from all liability or loss caused to the City or to which the City is exposed on account of the Architect's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Architect hereby acknowledges and agrees that its scope of work is limited to the Services described in the attached "Exhibit "A." ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Architect and the City agree that the Architect shall perform the Services as an independent contractor and shall be considered an independent contractor under this Agreement for all purposes. The Architect has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services, the Architect and the Architect's Professional Services Agreement —City of Lubbock & MWM Architects, Inc. — 2017 Page 2 employees and sub -consultants will not be considered, for any purpose, employees or agents of the City within the meaning or application of any federal, state, or local law 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 VIH. INSURANCE A. The Architect shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection in a 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 Architect and each of its subcontractors and sub -consultants shall 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 providing insurance required under this Agreement 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: Single Limit: $1,000,000 Per Occurrence General Limit: $2,000,000 Aggregate Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit: $1,000,000 Per Occurrence B. The Architect shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of the Architect herein, including without limitation, professional liability coverage, protecting the City against losses caused by the professional negligence of any of the Architect's subcontractors or sub -consultants. The City shall be listed as a primary and noncontributory additional insured with respect to the commercial general liability and automobile liability and shall be granted a waiver of subrogation under those policies. The Architect shall provide a certificate of insurance to the City as evidence of the insurance coverage required under this Agreement (the "Certificate"). The Certificate shall provide thirty (30) days' notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. C. The Architect shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Architect 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 Architect maintains said coverage. The Architect may maintain occupational accident and disability insurance in lieu of worker's compensation. In either event, the worker's compensation or its equivalent must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of this Agreement or any extension hereof, the Architect fails to maintain the required insurance in full force and effect, the Architect shall be in breach of this Agreement and all work under the Agreement shall be discontinued immediately. D. Notwithstanding anything contained herein to the contrary, the professional liability policy required under this Agreement shall be maintained at the Architect's sole cost and expense. The Professional Services Agreement —City of Lubbock & MWM Architects, Inc. — 2017 Page 3 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 more than ten (10) years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS OR CONSULTANTS With the written authorization of the City, the Architect may employ or retain agents, consultants, contractors, subcontractors, or third parties (the "Agent"), to perform the Services. The Architect is at all times responsible to the City to perform the Services and the Architect is in no event relieved of any obligation under this Agreement upon the employment or retaining of any approved Agent. For the protection and benefit of the City and the Architect, any Agent employed or retained by the Architect shall be required by the Architect to carry insurance as described above required to be carried by the Architect in this Agreement. The Architect represents that employment or retainage of an Agent and the work performed by the Agent shall be under applicable value thresholds and otherwise exempt from notice and bid requirements under any applicable law. ARTICLE X. CONFIDENTIALITY The Architect 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 XI. INDEMNITY THE ARCHITECT SHALL INDEMNIFY AND SAVE HARMLESS THE CITY AND ITS ELECTED OFFICIALS, OFFICERS, AND EMPLOYEES FROM DAMAGES, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL REASONABLE 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, PERSONS, OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO, OR OCCASIONED BY THE NEGLIGENT ACTS OF THE ARCHITECT, ITS EMPLOYEES, OR ITS AGENTS, RELATED TO THE PERFORMANCE, OPERATIONS, OR OMISSIONS UNDER THIS AGREEMENT OR THE USE OR OCCUPATION OF CITY - OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Architect 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 Whenever notice from the Architect to the City or the City to the Architect is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery) or 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 Professional Services Agreement— City of Lubbock & MWM Architects, Inc. —2017 Page 4 is so deposited. Notice under this Agreement shall become effective if sent to the following addresses: For MWM Architects, Inc.: For the City: MWM Architects, Inc. City of Lubbock Attn: Stephen L. Faulk, AIA Attn: L. Wood Franklin, P.E. 2022 Broadway 1625 13th Street Lubbock, Texas 79401 Lubbock, Texas 79401 Telephone: (806) 745-7707 Telephone: (806) 775-2343 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 The City shall furnish the Architect with non -confidential studies, reports, and other available data in the possession of the City pertinent to the Services, so long as the City is entitled to rely on such studies, reports, and other data for the performance of the Services under this Agreement (the "Provided Data"). The Architect shall be entitled to reasonably use and rely 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 Architect 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 Architect's books and records with respect to this Agreement between the Architect and the City. C. Records. The Architect shall maintain records that are necessary to substantiate the services provided by the Architect. D. Assioability, The Architect may not assign this Agreement without the prior written approval of the City. E. Successors and Assi ns. This Agreement binds and inures to the benefit of the City and the Architect, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Architect, its permitted successors and assigns. F. Mediation. Should a dispute arise resulting from the Services, the parties shall endeavor to resolve said dispute through mediation prior to the commencement of any legal proceedings. G. 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 Professional Services Agreement — City of Lubbock & MWM Architects, Inc. — 2017 Page 5 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. H. 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 or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. I. 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 Architect and the City. J. Entire Agreement. This Agreement, including the Exhibits, contains the entire Agreement between the City and the Architect, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. K. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership, or principal —agent relationship between the Architect and the City. L. Documents Owned by the City. Any and all documents, drawings, and specifications prepared by the Architect as part of the Services, shall become the property of the City when the Architect has been paid the Service Fee. The Architect may make copies of any and all work products for its files. The Architect shall maintain ownership of any and all copyrights associated with the design and authorship of the Services. M. Notice of Waiver. A waiver by either the City or the Architect 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. N. 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 Architect. O. 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 for the Services, the City will terminate this 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 Architect 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. Professional Services Agreement— City of Lubbock & MWM Architects, Inc. —2017 Page 6 SIGNATURES EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK: MWM ARCHITECTS, INC.: DANIEL M. POPE, AYOR ATTEST: D, � 4e —, Reb -ca Garza. City Secretary APPROVED AS -TO CONTENT: Jarrett tkinson, City Manager APPROVED AS TO FORM: Professional Services Agreement — City of Lubbock & MWM Architects, Inc. — 2017 Page 7 EXHIBIT A — The Services The services contemplated under this Agreement will provide for the design of the "Lubbock Tornado Memorial" located at the northeast corner of Avenue Q and Glenna Goodacre Blvd. in Lubbock, Texas, and the administration of the construction contract for the "Lubbock Tornado Memorial" (the "Project"). The Architect's design shall be based upon designs and documents attached to this Exhibit A prepared by the Architect for presentation to the Lubbock Central Business District TIF Board for its recommendation of approval by the City of Lubbock City Council. At times appropriate to the different phases of the Project outlined below, the Architect shall provide the following Services: site topo survey, geotechnical engineering, fountain consultation, electrical engineering, structural engineering, landscape architecture, plumbing engineering, and civil engineering. The Architect's Services are not limited to the preceding list, and the Architect may be called upon by the City to perform other tasks as required by the City for the completion of the Project during the following Project phases: Section 1. SCHEMATIC DESIGN PHASE A. The Architect shall review the City's preliminary ideas and plans concerning the Project and provide to the City a working plan that includes a schedule for the Architect's provision of Services in order to complete the Project (the "Program"). B. The Architect shall provide to the City a preliminary evaluation of the Program, including the Architect's evaluation of the schedule and construction budget requirements, each in terms of the other. C. The Architect shall review with the City alternative approaches to design and construction of the Project, and shall recommend to the City adjustments to the Project that might lower the cost of the Project. D. Upon the City's approval of the Program, including the schedule and the construction budget requirements, the Architect shall prepare, for approval by the City, schematic design documents consisting of drawings and other documents that illustrate the scale and relationship of all of the different components of the Project (the "Design Documents"). Upon approval by the City, the Design Documents shall be labeled as "Design Documents" and attached to this Exhibit A. Section 2. DESIGN DEVELOPMENT PHASE A. Based on the approved Design Documents and any adjustments authorized by the City in the Program, including adjustments to the schedule or the construction budget, the Architect shall prepare, for approval by the City, development documents consisting of drawings and other documents that fix and describe the size and character of the Project as to the architectural, structural, mechanical, and electrical systems associated with the Project, and that provide a comprehensive list of required materials and such other elements as may be needed to complete the Project (the "Development Documents"). B. Based on the Development Documents, the Architect shall provide to the City an updated estimate of the cost of construction of the Project, and other adjustments to the scope and quality of the Project. Professional Services Agreement — City of Lubbock & MWM Architects, Inc. — 2017 Page 8 Section 3. CONSTRUCTION DOCUMENTS PHASE A. Based on the approved Development Documents and on any adjustments in the scope or quality of the Project, including the estimated cost of the construction of the Project, the Architect shall prepare, for approval by the City, construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the Project (the "Construction Documents"). Upon approval by the City, the Construction Documents shall be labeled as "Construction Documents" and attached to this Exhibit A. B. The Architect shall assist the City in the preparation of the necessary bidding information, bidding forms, and the conditions and form of an agreement between the City and a contractor for the Project. C. The Architect shall assist the City in connection with the City's responsibility for filing documents required for the approval of other governmental authorities having jurisdiction over the Project. D. Based on the approved Construction Documents, the Architect shall provide to the City the Architect's recommended or anticipated adjustments to the estimate of the construction cost of the Project. Section 4. BIDDING OR NEGOTIATION PHASE Upon the City's approval of the Construction Documents and the latest estimate of the cost of construction of the Project, the Architect with assistance from the City's contractor for the Project, shall assist the City in obtaining bids or negotiated proposals in awarding and preparing all necessary agreements for the construction of the Project. Section 5. ADMINISTRATION OF THE CONSTRUCTION AGREEMENT A. The Architect, as a representative of the City, shall visit the site at intervals appropriate to the stage of the contractor's operations, or as otherwise agreed to by the City and the Architect, in order to: (1) become generally familiar with and to keep the City informed about the progress and quality of the work completed by the contractor on the Project; (2) endeavor to guard the City against defects and deficiencies in the work completed by the contractor on the Project; and (3) determine in general if the work completed by the contractor on the Project is being performed in a manner that, when fully completed, will be in accordance with the Design Documents, Construction Documents, and the City's agreement with the contractor. B. The Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the means, methods, techniques, sequences, or procedures used by the contractor, or for safety precautions and programs in connection with the work completed by the contractor on the Project since these shall be the contractor's rights and responsibilities under the City's agreement with the contractor. C. The Architect shall review and certify the amounts due the contractor and shall issue certificates for payment in such amounts in accordance with the City's agreement with the contractor. D. The Architect shall review, approve, or take other appropriate action upon the contractor's submittals to the City or the Architect, with such submittals including: shop drawings, product Professional Services Agreement — City of Lubbock & MWM Architects, Inc. — 2017 Page 9 data, and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the City's agreement with the contractor. E. The Architect shall prepare change orders and construction change directives, with supporting documentation and data, if deemed necessary by the Architect as provided for the City's approval and execution in accordance with the City's agreement with the contractor, and may authorize minor changes in the work being performed by the contractor for the City not involving an adjustment to the term, cost, or any provision or intent of the City's agreement with the contractor. Professional Services Agreement— City of Lubbock R MWM Architects, Inc. — 2017 Page 10 EXHIBIT B — The Service Fee Compensation for the Architect's Services outlined in "Exhibit A" of the Agreement between the City and the Architect shall be a lump sum fee of four hundred forty thousand dollars ($440,000) (the "Service Fee"). The Service Fee shall be proportionate to the Architect's work during each of the Project phases, or as outlined below: Schematic Design Phase 15% Design Development Phase 20% Construction Documents Phase 40% Bidding or Negotiation Phase 5% Construction Phase 20% 100% The Architect shall invoice the City monthly in proportion to the Architect's Services performed, and the City shall make payments which shall be due and payable within thirty (30) calendar days of the presentation of the Architect's invoice to the City. Amounts unpaid after thirty (30) calendar days after the presentation of the invoice to the City shall bear interest at one and one half percent (1.5%) per month, or eighteen percent (18%) per year. Unless otherwise allowed under applicable law, unless the Architect agrees in writing, or until the Architect has been found liable in a court -of -law having jurisdiction over the Agreement, the City shall not withhold due and payable invoiced amounts from the Architect's invoice in order to impose a penalty, to impose liquidated damages, for retainage, or to offset sums requested by or paid to contractors for the cost of changes in the Construction Work. Further, if the City becomes aware of work performed by the Architect under this Agreement and the City has not received an invoice for such work within the a reasonable time of the Service Fee schedule outlined in this Exhibit B, then the City agrees to notify the Architect of the lack of an invoice in order to allow the Architect to produce an invoice to the City for which there is no invoice. Compensation for any additional services required of the Architect by the City shall be hourly at the following rates: Principal $150.00/hour Licensed Architect $100.00/hour Licensed Engineer $100.00/hour Architectural Intern $80.00/hour Graduate Engineer $80.00/hour General Project Manager $70.00/hour CAD Manager $65.00/hour Drafting Personnel $60.00/hour Support Personnel $50.00/hour Professional Services Agreement— City of Lubbock & MWM Architects, Inc. — 2017 Page II The Service Fee includes the first thirteen thousand dollars ($13,000.00) of reimbursable expenses to be paid to the Architect, and shall be defined as follows: • Transportation and authorized out-of-town travel and subsistence; • Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; • Fees paid for securing approval of authorities having jurisdiction over the Project; • Printing, reproductions, plots, standard form documents; • Postage, handling and delivery; • Expense of overtime work requiring higher than regular rates, if authorized in advance by the City; • Renderings, models, mock-ups, professional photography, and presentation materials requested by the City; • The Architect's Consultant's expense of professional liability insurance dedicated exclusively to this insurance in excess of that normally carried by the Architect's consultants; • All taxes levied on professional services and on reimbursable expenses; • Site office expenses; and • Other similar Project -related expenditures. Professional Services Agreement —City of Lubbock & MWM Architects, Inc. — 2017 Page 12 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2017-220162 MWM Architects, Inc. Lubbock, TX United States Date Filed: 06/07/2017 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 Date Acknowledged: 06/08/2017 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. 13444 ARCHITECTURAL DESIGN SERVICES 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary FAULK, STEPHEN LUBBOCK, 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 true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath I-orms provided by I exas Ethics Commission www.ethics.state.tx.us Version V1.0.883 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. 2017-220162 MWM Architects, Inc. Lubbock, TX United States Date Filed: 06/07/2017 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 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. 13444 ARCHITECTURAL DESIGN SERVICES 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary FAULK, STEPHEN LUBBOCK, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT under penalty of perjury, that the above disclosure is true and correct. 4swear,or �ALEXANDRIA NICOLE OWENS ;0:.���Nofary Public, State of Texas `: P Comm. Expires 02-24-2020 '�°'rF�* `�`�•• Notary !D 130552463 Signatu a au orized agent o 1 ontrac ing business entity AFFIX NOTARY STAMP / SEAL ABOVE C 1\ JI *01 '/jA� Sworn to and subscribed before me, by the said )�`'� this the day of 20 1 Q to certify which, witness my hand and seal of office. b S WW Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883