Loading...
Ordinance No. 12,760ORDINANCE NO. 12,760 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC., FOR RIGHT - TURN LANE IMPROVEMENTS AT SEVERAL LOCATIONS ALONG GARTH ROAD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY -TWO THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($62,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Professional Services Agreement with Kimley Horn and Associates, Inc., for right -turn lane improvements at several locations along Garth Road. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Kimley Horn and Associates, Inc., in an amount not to exceed SIXTY -TWO THOUSAND THREE HUNDRED AND NO /100 DOLLARS ($62,300.00) for professional services in accordance with the amendment authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO /100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty -five percent (25 %). Section 4: This ordinance shall take effect immediately City Council of the City of Baytown. INTRODUCED, READ and PASSED by the Baytown this the 8h day of January, 2015. ATT T: L E CIA BRYSCH, City Cl.�•' APPROVED AS TO FORM: _ ACIO RAMIREZ, SR., Cit torney and after its passage by the of the City Council of the City of DONCARLOS, Mayor !.COBFS01',Legal�..Karen.Files %City CouncWOrdinances\2015Uanuary 8 FirstAmendment2KimleyHomAgreement4RightTumLanelmprovements .doc Exhibit "A" FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND KIldLEY -HORN AND ASSOCIATES, INC. STATE OF TEXAS COUNTY OF HARRIS This First Amendment ( "Amendment ") to that certain "Professional Services Agreement' between the City of Baytown and Kimley -Hom and Associates, Inc., dated the day of 2014, is made by and between the same parties on the date hereinafter last specified. WITNESSETH: WHEREAS, the City of Baytown (the "City ") and Kimley -Horn and Associates, Inc., ( "Professional ") did enter into an Agreement for Professional Services, dated the 24th day of October, 2014, ( "Agreement') to perform traffic engineering services for right -turn lane improvements together with the preparation of associated plans, specifications, cost estimates and construction phase services for the following intersections: ➢ Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane; ➢ Garth Road at Cedar Bayou Lynchburg Road — WB Right -Turn Lane; ➢ Garth Road at Baker Road — EB Right -Turn Lane; ➢ Garth Road at Baker Road — WB Right -Turn Lane; and WHEREAS, the City now desires Professional to perform additional services for three additional right -turn lane improvements at the following intersections: ➢ Garth Road at IH -10 WBFR— WB Right -Turn Lane; ➢ Garth Road at IH -10 WBFR — SB Right -Turn Lane; and ➢ Garth Road at IH -10 EBFR — NB Right -Turn Lane; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: Definitions. Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Agreement. 2. Amendments a. Section 1 "Scope of Services/Professional Fees" of the Agreement is hereby amended to read as follows: 1. Scope of Services/Professional Fees This Agreement authorizes Professional to perform engineering services right -turn lane improvements at multiple locations in Baytown, including the following intersections: ➢ Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane; First Amendment to the Agreement for Professional Services, Page 1 ➢ Garth Road at Cedar Bayou Lynchburg Road — WB Right -Turn Lane; ➢ Garth Road at Baker Road — EB Right -Turn Lane; ➢ Garth Road at Baker Road — WB Right -Turn Lane; ➢ Garth Road at IH -10 WBFR— WB Right -Turn Lane; ➢ Garth Road at IH -10 WBFR— SB Right -Turn Lane; and ➢ Garth Road at IH -10 EBFR — NB Right -Turn Lane. The Professional shall also perform engineering services associated with the preparation of associated plans, specifications, cost estimates, and construction phase services (the "Work ") for and on behalf of the City. The compensation for Professional shall be on the basis described in Exhibit "A," with reimbursement of costs on the basis described in Exhibit "B," for a total contract amount not to exceed ONE HUDRED THIRTY -THREE THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($133,800.00). The time schedules for the Work are attached as Exhibit "C." The scope of the work and projection of costs of the construction project is as denoted in Exhibit "D." Each of these Exhibits "A" through "D" is incorporated into this Agreement by reference for all purposes. b. Exhibit "A" "Compensation," as incorporated into the Agreement, is hereby amended to read as follows: EXHIBIT A Compensation Survey Services required under this Agreement shall not exceed SEVENTEEN THOUSAND THREE HUNDRED AND N01100 DOLLARS ($17,300.00) based upon the actual cost to the Professional times a factor of 1.10.* Engineering Services required under this Agreement shall not exceed the following for each task herein identified based upon the rate schedule included below: Task Description Cost Not to Cost Not To Exceed Per Exceed Intersection 1 Survey $ 17,300.00* 2 Turn Lane Design Plans $ 111,500.00 Garth Road at Cedar Bayou Lynchburg $13,000.00 Road — NB Right-Turn Lane Garth Road at Cedar Bayou $11,000.00 Lynchburg Road — WB Right - Turn Lane Garth Road at Baker Road — EB Right- $17,000.00 Turn Lane Garth Road at Baker Road — WB Right- $21,000.00 Turn Lane Garth Road at IH -10 — WB Right -Turn $17,500.00 Lane Garth Road at IH -10 — SB Right -Turn $16,000.00 Lane Garth Road IH -10 —NB Right -Turn $16,000.00 Lane 3 Construction Phase Services $ 3,000.00 First Amendment to the Agreement for Professional Services, Page 2 C. Task Description Cost Not to Cost Not To $230 - $260 Exceed Per Exceed $240 Engineer/Professional Intersection $210 Total $140 - $131800.00 Rate Schedule Senior Engineer I/Senior Professional I $230 - $260 Senior Engineer II/Senior Professional II $215 - $240 Engineer/Professional $155 - $210 CAD Technician $140 - $155 Designer $105 - $165 Analyst $135 - $170 Support Staff /Technician $60 - $115 Additional Services Professional will perform additional services, if any, at a price agreed upon by the parties in writing prior to the performance of such services. The City shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. Exhibit `B" "Reimbursable Expenses," as incorporated into the Agreement is hereby amended to read as follows: EXHIBIT B Reimbursable Expenses Reimbursable expenses shall include costs for incidental items such as parking, mileage, deliveries, and copies. Such expenses will be invoiced to the City at the Professional's direct cost plus 10 %, except that mileage will be invoiced at the IRS rate, which is currently $0.485 per mile. Reimbursable expenses will not exceed TWO THOUSAND AND NO/ 100 DOLLARS ($2,000.00). Additionally, expenses associated with transportation, including, but not limited to, meals, travel, and lodging, must be approved in writing by the City prior to the Professional incurring any expense associated therewith; otherwise, the parties hereto agree and understand that the City shall not be liable and the Professional shall not make a claim against the City for any such expenses. d. Exhibit "C" "Schedule of Work," as incorporated into the Agreement is hereby amended to read as follows: EXHIBIT C Schedule of Work Professional shall complete the services required herein in accordance with the following schedule commencing from the date of the City's issuance of the notice to proceed: First Amendment to the Agreement for Professional Services, Page 3 Survey .............................................. .............................28 Calendar Days* Turn Lane Design Phase .................. .............................70 Calendar Days* *From Notice to Proceed in accordance with this Amendment and is contingent upon addressing any ROW issues with OWNER. Professional shall perform Construction Phase Services throughout and until completion and acceptance by the City Council of the work associated with the Project. Exhibit "D" "Scope of Work," Section A "Generally" as incorporated into the Agreement is hereby amended to read as follows: EXHIBIT D Scope of Work A. Generally: The City has a need for increased capacity at the intersections of Garth Road at Cedar Bayou Lynchburg Road, Garth Road at Baker Road, and Garth Road at IH -10. At Garth Road and Cedar Bayou Lynchburg Road, the Professional shall design right -turn lane improvements to provide additional vehicular capacity for both the northbound and westbound approaches. At Garth Road and Baker Road, the Professional shall design right -turn lane improvements to provide additional vehicular capacity for both the eastbound and westbound approaches. At Garth Road at 111-10, the Professional shall design right -turn lane improvements to provide additional vehicular capacity for the westbound, southbound and northbound approaches. The Professional's services shall include the preparation of plans and quantities for the construction of the turn lane improvements described herein. This design will be done in accordance with City of Baytown design standards and guidelines. No biding documents or bid phase services shall be required pursuant to this Agreement, as the City will perform the construction of the turn lane improvements. f. Exhibit "D" "Scope of Work," Section B "Basic Services," is hereby amended to read as follows: EXHIBIT D Scope of Work B. Basic Services: Professional shall provide the following scope of services: Task 1: Survey The Professional will engage a surveying sub - consultant to obtain a topographic survey of the project intersections. Information gathered by the survey will include right -of -way, edge of pavement, curb lines, islands and medians, pavement markings, signs, sidewalks, trees, and other above ground features within the survey area. This will also include vertical survey at the intersection including ditch lines, if any. The survey will provide project baselines, identify benchmarks, and identify and show above and underground utilities that can be reasonably determined via markings by a utility locator service. This survey will First Amendment to the Agreement for Professional Services, Page 4 form the base sheets for the turn-lane improvement designs that will be performed. The deliverables shall include survey CADD files. Task 2: Turn Lane Design Plans The Professional shall prepare the civil engineering design documents in accordance with published City of Baytown design standards and specifications. Plans shall consist of 11 "x17" plan sheets. a. Data Collection: The Professional shall (1) visit the project intersection for observation of existing conditions; (2) perform a field reconnaissance of the intersection and collect the existing geometry and examine lane configuration, utilities, and traffic /pedestrian operations within the study area; (3) gather existing record drawings and file information of the project intersection from the City's files, including the existing record or construction roadway and traffic signalization plans, right -of -way information, and utility maps; (4) prepare a base map of existing geometrics, apparent or known utilities from record drawings and the topographic survey; b. Preliminary Design: The Professional shall prepare preliminary right -turn lane layout sheets showing the proposed improvements, typical sections and submit to the City for review and comment. C. Final Desim: The Professional shall incorporate the City's review comments from the preliminary layout and prepare the final design plan set for the project intersection. The basic design parameters will be based on discussions with the City. The Professional anticipates this submittal will include the following items: (1) Typical Sections. The Professional will prepare proposed typical sections for each of the right -turn lanes improvements, but detailed plan and profiles will not be included. The typical section will show the pavement and subgrade section, existing edge of concrete, proposed edge of concrete (or curb), existing right -of- way, travel lanes. The pavement section will match the existing roadway section. Pavement design is not included in this scope of services. (2) Paving Plans. The Professional will prepare paving design showing plan view (no profile) of the proposed right turn lane improvements. The plan will show the existing and proposed horizontal roadway improvements with tie -in elevations, existing and proposed (if needed) right -of -way and easements, existing driveways, proposed driveway modifications (if necessary), existing and proposed drainage structures, horizontal and vertical control data. First Amendment to the Agreement for Professional Services, Page 5 (3) Pavement Markings and Si nape. The Professional will prepare a pavement marking and signage design showing plan view of the proposed lane dimensions and lane designation arrows. (4) Storm Drain. The Professional will prepare design for storm drain adjustments due to the proposed right -turn lane improvements, where needed. Adjustments could include moving inlets, adding inlets, typical re- grading, and adjusting manhole elevations. No drainage analysis, drainage area map, or calculations will be performed. Relocation or adjustment of other utilities such as sanitary, water, and gas is not included in this design; these would be considered additional services. (5) Electric Poles. The Professional will coordinate with CenterPoint Energy and the City to plan for new electric pole locations where needed. No electrical line calculations or design is included in this design, as this is in the CenterPoint Energy service area. (6) Traffic Signal Modifications. The Professional will prepare traffic signal modification plans to relocate and modify the traffic signal equipment (vehicular in- pavement loop detection, pedestrian poles and pushbuttons, red light- camera poles, ground boxes, pedestrian ramps) wherever needed based on proposed right -turn lane design. The extent to the relocation will be determined after survey and field work is complete. Traffic signal pole relocation is not anticipated at this time. d. Administration: The Professional shall perform general administration services and coordination with the City, including phone calls, emails and project status meetings. e. Deliverables: The Professional shall provide quantity listings and three (3) final sealed design 11 "x17" drawings and plan sets for paving and grading, pavement markings, signage, traffic signal modifications, standard sheets, quantities, and engineer's opinion of probable construction cost for the Project, which includes: o Garth Road at Cedar Bayou Lynchburg Road — NB Right -Turn Lane; o Garth Road at Cedar Bayou Lynchburg Road — WB Right -Turn Lane; o Garth Road at Baker Road — EB Right -Turn Lane; o Garth Road at Baker Road — WB Right -Turn Lane; o Garth Road at IH -10 WBFR— WB Right -Turn Lane; o Garth Road at IH -10 WBFR— SB Right -Turn Lane; and o Garth Road at IH -10 EBFR — NB Right -Turn Lane. (the "Contract Documents "). First Amendment to the Aereement for Professional Services, Page 6 Task 3: Construction Phase Services. a. Visits to Site and Observation of Construction. The Professional shall provide on -site construction observation services during the Construction Phase. Professional will make visits at intervals as directed by City in order to observe the progress of the Work. Such visits and observations by Professional are not intended to be exhaustive or to extend to every aspect of the work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Professional's exercise of professional judgment. Based on information obtained during such visits and such observations, Professional will evaluate whether the work is generally proceeding in accordance with the Contract Documents, and Professional will keep City informed of the general progress of the Work. The purpose of Professional's site visits will be to enable Professional to better carry out the duties and responsibilities specifically assigned in this Agreement to Professional, and to provide the City a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Professional shall not, during such visits or as a result of such observations of the work in progress, supervise, direct, or have control over the work, nor shall Professional have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by the City, for safety precautions and programs incident to the work, nor for any failure of the City to comply with laws and regulations applicable to its furnishing and performing the Work. Accordingly, Professional neither guarantees the performance of the City nor assumes responsibility for any the City's failure to furnish and perform its work in accordance with the Contract Documents. b. Recommendations with Respect to Defective Work. The Professional will recommend to City that the work be disapproved and rejected while it is in progress if, on the basis of such observations, the Professional believes that such work will not produce a completed Project that conforms generally to Contract Documents. C. Clarifications and Interpretations. The Professional will respond to reasonable and appropriate requests for information and issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of the work. Any orders authorizing variations from the Contract Documents will be made by City. d. Change Orders. The Professional may recommend Change Orders to City, and will review and make recommendations related to change orders. First Amendment to the Agreement for Professional Services, Page 7 e. Shop Drawings and Samples. The Professional will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which the City submits, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. f. Substitutes and "or- equal." The Professional shall evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by the City in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. g. Final Notice of Acceptability of the Work. The Professional shall conduct a final site visit to determine if the completed work is generally in accordance with the Contract Documents and the final punch list so that Professional may recommend acceptance of the Project. The Professional shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Professional's knowledge, information, and belief based on the extent of its services and based upon information provided to Professional upon which it is entitled to rely. 3. Entire Agreement. The provisions of this First Amendment and the Agreement should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control. 4. Interpretation. This First Amendment has been jointly negotiated by the parties hereunder and shall not be construed against a party hereunder because that party may have assumed primary responsibility for the drafting of this Amendment 5. Captions. Captions contained in the Agreement and First Amendment are for reference only and, therefore, have no effect in construing the documents. The captions are not restrictive of the subject matter of any section. 6. No Waiver. By this First Amendment, the Owner does not consent to litigation or suit, and the Owner hereby expressly revokes any consent to litigation that it may have granted by the terms of this First Amendment, the Agreement or any other contract or agreement or addenda, any charter, or applicable state law. Nothing contained in this First Amendment or in the Agreement shall be construed in any way to limit or to waive the City's sovereign immunity. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same amendment, this day of , 2014, the date of execution by the City Manager. CITY OF BAYTOWN By: ROBERT D. LEIPER, City Manager First Amendment to the Agreement for Professional Services, Page 8 LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney KIMLEY -Hp 4 AND ASSOCIATES, INC. By: (Sign re Gl{-WS '��`{S t t�LCc FiL (Printed Name) svP (Title) STATE OF TEXAS Before me on this day personally appeared Cbris trAsmacir ' in his capacity as S1/P of KIMLEY -HORN AND ASS CIA S, INC., on behalf of such corporation, known to me; proved to me on the oath of ; or proved to me through his current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of -I CCCmber 2014. Vie►• "T ►`;�rz DONNA W. tale STOEVER 1� J ?`. Notary Public, State of Texas . My Commission Expires Notary Public in and for the State of Texas July 14, 2015 \\COBFSOI\ Legal\ Karcn\Fdes\Engineering\Engineering Agrcements\Kimley- Hom\Right -T un Lane Design at Multiple Locations\FicstAmendment.doc First Amendment to the Agreement for Professional Services, Page 9 Orig. Dept.: File/I.D. No.: INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE SUCH FACT TO AVOID REJECTION OF THE AFFIDAVIT. THE FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF TeXa.5 § AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF liar ri S § BEFORE ME, the undersigned authority, on this day personally appeared C49S [FULL NAME] (hereinafter "Affiant "), 4ou �)N , T'EJCkS [STATE TITLE /CAPACITY WITH CONTRACTING ENTITY] of - 40e g Acs D &SSDCVX165 1140 . [CONTRACTING ENTITY'S CORPORATE/LEGAL NAME ( "Contracting Entity "), who being by me duly sworn on oath stated as follows: 1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated. 2. Contracting Entity seeks to do business with the City in connection with WFGSS lohl,At. EW,It i &,V V361 5)EQNIC'25 [DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000. The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter. 4. Contracting Entity is organized as a business entity as noted below (check box as applicable). FOR PROFIT ENTITY: NON - PROFIT ENTITY: [ ] SOLE PROPRIETORSHIP [ ] NON - PROFIT CORPORATION CORPORATION [ ] UNINCORPORATED ASSN. [ ] PARTNERSHIP [ J LIMITED PARTNERSHIP [ ] JOINT VENTURE [ ] LIMITED LIABILITY COMPANY [ ] OTHER (Specify type in space below): 5. The information shown below is true and correct for the Contracting Entity and all owners of 5% or more of the Contracting Entity and, where the Contracting Entity is a non - profit entity, the required information has been shown for each officer. [NOTE: IN ALL CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSES AND TELEPHONE Affidavit of Ownership or Control, Page 1 Orig. Dept.: File/I.D. No.: NUMBERS. DO NOT USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E -MAIL ADDRESSES IS OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS NEEDED.] Contracting Entity Name: 1,LIMLt -� -Ho PLA ^r4D ASSOCi ; irLC Business Address [NO. /STREET] I W (C.KGt VE'S W5CC1 [CITY /STATE /ZIP CODE] 4Qkk!6—%Qq' TY, 770-19 Telephone Number (Zf Lu Email Address [OPTIONAL] Residence Address [NO. /STREET] [CITY /STATE /ZIP CODE] Telephone Number [OPTIONAL] ( Email Address [OPTIONAL] 5% or More Owner(s) /Officers of Non - Profit Corporation (IF NONE, STATE "NONE. ") Name: NON E Business Address [NO. /STREET] [CITY /STATE /ZIP CODE] Telephone Number Email Address [OPTIONAL] Residence Address [NO. /STREET] [CITY /STATE /ZIP CODE] Telephone Number [OPTIONAL] (___) Email Address [OPTIONAL] Optional Information Contracting Affidavit of Ownership or Control, Page 2 Entity and/or [NAME OF Orig. Dept.: File/I.D. No.: OWNER OR NON - PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON - PROFIT OFFICER] as follows: Name of Debtor: Type of Debt: Account Nos.: Case or File Nos.: Attorney /Agent Name: Attorney /Agent Phone No.:_ Delinquent Years/Months: Status of Appeal [DESCRIBE]: Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accura4y of the information provided herein, and that the information provided herein is true a d rrect to the best of Affiant's knowledge and belief. SWORN TO AND SUBSCRIBED before me thisl& day of DcCcrubrX , 2011}. (Seal) %V. " " "" 1, DONNA W. STOEVER =! Notary Public, State of Texas M My Commission Expires %�EOi:�;•i July 14, 2015 `6 MW0, OR 1'A"6UK'K) Notary Public in and for the State of 1tcxa s NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses. R:\ Karen\Files \Contracts\Affidiavit of Ownership or Control.doc Affidavit of Ownership or Control, Page 3