HomeMy WebLinkAboutContract 52999 101TY SECRETARY
TRACT NO,
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
G ALDEN MARSHALL & ASSOCIATES, LLC FOR CONSERVATION
SERVICES
This Agreement is entered into this ° 'th day of _October_, 2019 ( Effective Date")
by and bemeen The City of Fort Worth, a home-rule municipal corporation of the State of Texas
("City"), acting by and through Dana Burghdoff, its duly authorized Interim Assistant Cite
Manager, and R. Alden Marshall & Associates, LLC., a limited liability company. (the
"Conservator") acting by and through Robert Alden Marshall, ATP, RP, its Director, and located at
6341 Stewart Road P303, Galveston, Texas 77551. City has designated the Arts Council of Fort
Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager
shall act through its designated Public Art collection manager("Contract Manager").
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for
Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design
work of artists into the development of the City's capital infrastructure improvements, and to promote
tourism and economic vitality in the City through the artistic design of public spaces:
WHEREAS, the City has provided funding, for the maintenance and conservation of artworks
included in the Public Art Collection ("Collection"):
WHEREAS, the Contract Manager conducted a request for qualification seeking individuals or
organizations to provide professional maintenance, conservation, and consultation services to assist in
maintaining the value, integrity, and authenticity of the Fort Worth Public Art Collection:
WHEREAS, the Conservator was selected to provide non-exclusive professional maintenance,
conservation and consultation services:
WHEREAS. Conservator is an established full-service conservation firm specializing, in historic
and contemporary public art maintenance and conservation:
WHEREAS. City and Conservator desire wish to set out the terms and conditions under which
said Work shall be provided:
NOW, THEREFORE. in consideration of the mutual covenants herein expressed, the parties
agree as follo\\s:
ARTICLE I
SERVICES
I.I. Scope of Services
a. Conservator shall fully provide, or cause to be provided, with good faith and due diligence,
general maintenance, conservation, and consultation services for the
F
ECORE,
Aercemew Ibr Pmtcssional Set\iee��v th R Widen��furshall cK.Associates_LLC E�ARFCCCUU011 CopA toi 17 IH, TX
with the terms of this Agreement ("Services"). The Services shall be based on the annual Fort
Worth Public Art work plan, as approved annually by the Foit Worth Cit} Council as part of the
Citv's aareement NNith the Contract Manager for administrate n of the public art program, and on
an as-needed basis at the direction of the Contract Manager. ALII Services shall be carried out in
accordance with tldl�' executed addenda that set forth the specific Services to be provided,
prescribed timelines. and any additional terms and conditions set forth in such addenda related to
the Services.
b. Conservator shall furnish a schedule to the Contract Manage prior to the execution of addenda.
Conservator shall proceed with work in accordance with such Schedule. Schedule changes may
be accomplished by written agreement between Conservator and Cite.
C. Conservator shall provide all supplies, materials, and equipment necessary to provide deliverables
required unless otherwise negotiated in advance. Conservator shall be responsible for obtaining
and pay ing for all necessary permits and auy required traffic barriers appropriate for the execution
of Services.
d. Existing conditions hidden or concealed and not available for reasonable visual observation
discovered during the performance of the Services will be reported promptly to the Contract
Manager prior to commencing any further Services. The C ntract Mana�yer, in its discretion,
approve or disapprove of recommended changes in scope.
e. Conservator, individually and throu1111 his subcontractors, shall take all necessary precautions to
protect and preserve the Collection. If City determines. in its sole discretion, that Conservator or
the Conservator's subcontractors have damaged the Collection. then City shall inform
Conservator, in m-iting, of the dama-e. Conservator. at his her own expense, shall have thirty
(30) days from receipt of City's vNritten notice to repair the damage to the Collection to the
satisfaction of City. If Conservator fails to repair the damagos to the satisfaction of City within
thirty (30) days after receipt of the notice, or N�ithin the deadline otherwise agreed to by the
parties, then City shall have the right to deduct the cost of repairs from any remaining or future
paN ment due to Conservator under this Agreement, which shall be in addition to any and all other
rights and remedies available to City at la�v or in equity.
F. Conservator shall, upon written request by the City, provide a \\ritten report detailing the
execution of the \\ork, including pre-existing conditions. repairs and treatments, and
recommendations for future maintenance. Images of all stages shall be submitted by digital
transfer or disk in concurrence vpith the delivetti of the \\ritten report. Conservator shall comply
with any request made by City pursuant to this Article 1.3 w thin thirty (30) calendar days after
receipt of the written request.
aeree III ent for Prolessional lien ices Guth R Alden'Marshall K .Asuocmtes_LLC '_of I h
Lyeartion COPv 10 17,[9
1.2. City Assistance.
Upon request by Conservator. City shall promptly furnish all site and artwork information, including,
fabrication and installation details, finishes and coatings. and artist recommendations as required by
Conservator to the extent that such materials are available. Contract Manager shall notif% City
Departments and staff of pending work prior to services and secure access for
Conservator.
ARTICLE 2
COMPENSATION
2.1. Compensation.
a. In consideration of the Services to be performed hereunder by Conservator. City promises and
agrees to pay Conservator an annual amount up to TWENTY FIVE THOUSAND DOLLARS
(S25,000.00) ("Compensation") in accordance with the terms of this Agreement Payment
hereunder shall constitute full compensation for any and all costs associated with this Agreement,
including,, but not limited to, all Services pertormed and materials furnished by Conservator
under this Agreement. The parties acknowledge that the Compensation is not a tiled fee but shall
be made on an invoice basis for Services rendered in accordance with this Agreement; therefore,
the City is not obligated to disburse the full amount of Compensation under this Agreement
unless such payment complies with the terms herein. City and Conservator may amend this
Agreement to allow for additional payment if additional services are required.
b. Services outlined in this Aureement are based on hourly rates in accordance with Conservator's
staff rate schedule, attached hereto as Exhibit "A plus reasonable expenses, approved in
advance by the City, and supported with receipt of documentation at invoicing, �%ith total fee
including, but not limited to, all reimbursable expenses.
C. City shall authorize all travel and associated expenses in advance of work. Conservator shall
ensure that all travel on behalf of City is necessan and allovyable under the terms of the
agreement. Applicable travel and per diem rates vyill be based upon the rates set by the U. S.
General Services Administration (GSA) per Fiscal Year and location of services.
d. Payment from City to Conservator shall be made on an invoice basis for Services rendered
following receipt by City from Conservator of a signed invoice. The invoice shall be submitted
to City no later than the I-"' day follo>%ing the end of the month. If the City requires additional
reasonable documentation, it shall request the same promptly after receiving the above-described
information, and the Conservator shall provide such additional reasonable documentation to the
extent the same is available.
Lrecmcnt for ISO n lees%uth R .Alden Marshall K Associates.LLC of 16
E\ccutIt'll Cop\ 11) 1' 11)
2.2. Sales Taxes.
The City is a tax-exempt organization, and no state or local sales taxes or federal excise taxes shall be due
or collected. The City shall provide the Conservator a "Texas Certificate of Exemption" in substantially
the same form as that attached and incorporated herein as Exhibit "B" for by Conservator in the
fulfillment of this Agreement.
2.3. Conservator's Expenses.
a. Conservator shall be responsible for the payments of all expenses that are incurred during the
performance of this Agreement, including, but not limited to, services, materials,
mailing/shipping charges and insurance on submissions to the City, cost of all travel, and costs
for the Conservator's agents, consultants, and/or employees necessary for the proper performance
of the Services required under this Agreement.
b. In the event of a disputed or contested billing, only the portion being contested will be withheld
from payment, and the undisputed portion be paid. City will exercise reasonableness in
contesting any bill or portion thereof. No interest �,�ill accrue on any contested portion of the
billing until the contest has been mutually resolved.
C. For contested billings, the City shall make payment in full to Conservator x0hin sixty (60) days
of the date the contested matter is resolved.
d. Conservator shall make timely payments to all persons and en�ities supplying labor, materials, or
equipment for the performance of this Agreement. CONSERVATOR SHALL DEFEND AND
INDEMNIFY THE CITY FROM ANY CLAIMS OR LIABILITY ARISING OUT OF THE
CONSERVATOR'S FAILURE TO MAKE THESE PAYM�NTS.
e. Conservator shall furnish the City an affidavit. attached hereto�s Exhibit"C", certifying that all
bills relating to the Services or supplies used in the performance of this Agreement haye been
paid.
ARTICLE 3
'PERM & TERMINATION
3.I Term.
This A,—Yreement shall commence upon the Effective Date and shall expire on September 30, 2020
("Initial Term"). The City may, at its sole discretion. opt to renew and extend this Agreement for
three additional one-year terms (October I through September 30 ofthe applicable years) (each a
"Renewal Term"). Any Renewal Term shall be duly executed in �witing by the parties.
3.2 Termination.
Either party may terminate this Agreement at any time and for,any reason by providing the other
party �,yith thirty (30) days written notice of termination. In the event this Agreement is
,-jeement for Professional Sen ices vkith R AMC Marshall&.Associates-LLC 4 of 16
Esee Lit on COPv In 17 11)
terminated prior to expiration of the Initial Term or applicable Renewal Term, City shall pay
Conservator only for Services actually rendered as of the effective date of termination. and
Conservator shall continue to provide the City with Services requested by the City and in
accordance with this Agreement up to the effective date of termination. City shall have no further
obligations to the Conservator upon termination of the Agreement.
ARTICLE 4
INDEPENDENT CONTRACTOR
Conservator shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of City. Conservator shall have exclusive control of, and the exclusive
right to control the details of the �wrk performed hereunder, and all persons performing same, and shall
be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors.
Nothing herein shall be construed as creating a partnership or joint venture between City and Conservator,
his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no
application as between City and Conservator.
ARTICLE 5
SUBCONTRACTING
Conservator may subcontract portions of the services to be provided hereunder at Conservator's expense,
provided that said subcontracting shall not adversely affect the quality of the Work and shall be carried
out under the personal supervision of Conservator. Any subcontract entered into under this A,reement
shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all
indemnification and release provisions. Conservator shall provide information regarding all
subcontractors, including its fabricator, along Nyith a copy of the subcontract between Conservator and
each suhcontractor to the Contract Manager.
ARTICLE 6
INSURANCE AND INDEMNITY
6.1. General.
Conservator shall cam insurance as set out in Exhibit "D," v�hich is attached hereto and
incorporated herein for all purposes. Evidence of required insurance shall be submitted to the
Contract Manager prior to installation of the Work on City property. However, if any part of the
fabrication process will be conducted on City property, then Conservator shall submit evidence of
required insurance to the Contract Manager prior to performance of that x\ork. Evidence of
subsequent renewals of said insurance is required until City has taken possession of the Work.
Except as provided in Section 2.8 hereof, the risk of damage to or loss of the Work shall, during
2reament for ProtcssionaI Sen ices�\ith R Alden Marshall R Associates LLC 5 of ire
LAccution Copv 10 17 1U
fabrication and installation but prior to Final Acceptance. shall be solely that of Conservator.
This risk shall transfer to City and shall no longer be the responsibility of Conservator upon Final
Acceptance.
6.2. Performance Bonds.
Conservator shall not be required by City to post any perforn-iWce bonds or similar undertakings.
6.3. General Indemnity.
a. CONSERVATOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES
OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT
LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS,
DEMANDS, DAMAGES, LIABILITIES, AND/OR SUIT OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING,
BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST
PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING,
BUT NOT LIMITED TO, DEATH) TO ANY AND ALI, PERSONS, OR OTHER HARM
FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARIISING OUT OF OR RESULTING
FROM ANY ACTS, ERRORS, OR OMISSIONS OF CONSERVATOR AND/OR
CONSERVATOR'S SUBCONSERVATOR AND CONTRACTORS AND THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS,
PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
b. Conservator- agrees to and shall release Cite from anti and all liability for injurN, death, damage.
or loss to persons or property sustained or caused by Conservator in connection ith or incidental
to performance under this Agreement.
C. Conservator shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above.
\L'rccment tm Professional services.pith R Alden AIanhAl K:Aa ,emtc�_LLC 6 of 16
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ARTICLE 7
PROFESSIONAL STANDARDS AND WARRANTIES
7.1 Professional Standards and Warranties
a. Conservator represents and warrants that it and its subcontractors, if any, shall perform all
Services in compliance with the American Institute for Conservation (AIC) Code of Ethics and
Guidelines for Practice. Conservator represents and warrants that the execution of the Services
will be performed in a workman-like manner, and any work performed as part of the Services will
be free from defects in materials and workmanship.
b. Conservator acknowledges and aarees that any and all information (in whatever form) relating to
the business of the City and acquired by the Conservator under or in connection with this
Agreement, or otherwise, is and shall remain, to the extent permitted by law, confidential
information of the City. Consultant agrees to maintain in confidence and to refrain, director or
indirectly, fi-om copying, using, transferring, disclosing, or exploiting in am manner any of such
confidential information durim, the Initial Term and any Renewal Terms of this Agreement and
follow ing termination thereof, for any reason.
C. Conservator. for itself and any person or entity acting on behalf of Conservator, further agrees
that it shall treat all information provided to it by the City as confidential and shall not disclose
any such information to any third party without the prior written approval of the City.
ARTICLE 8
MISCELLANEOUS
8.1 Assignment.
Conservator shall not assign or subcontract all or any part of its rights. privileges or duties under
this Agreement without the prior written consent of City, and any attempted assignment of
subcontract of same without such prior written approval shall be void and constitute a breach of
this a,reement.
8? Compliance.
Conservator shall comply with all Federal, State and City statutes, ordinances and regulations
applicable to the performance of Conservator's services under this Agreement.
8.3 Entire Agreement.
This writing embodies the entire agreement and understanding between the Parties hereto_ and
there are no other agreements and understandings, oral or written. with reference to the subject
matter hereof that are not merged herein and superseded hereby.
A�jecment tier Piotcssional Sen ice,Guth R -AIden Nfurshall K.-associate~_LLC of 16
EAccuuon CoP% In 17 1'1
8.4 Amendments.
No alteration. change, modification or amendment of the terlips of this Agreement shall be valid
or effective unless made in m-iting and signed by both parties hereto and approved by appropriate
action of City.
8.5. Waiver.
No waiver of performance by either party shall be Construed as or operate as a waiver of any
subsequent default of any terms, covenants, and conditions of this Agreement. The payment or
acceptance of fees for any period after a default shall not bo deemed a waiver of any right or
acceptance of defective performance.
8.6. Governinr�Law and Venue,
I f any action, whether real or asserted, at law or in equity, ari es on the basis of an% provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or
the United States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement shall be construed in accordance w ith the laws of the State of Texas.
8.7 Successors and Assi<,ns.
Neither party hereto shall assign, sublet or transfer its interest herein v�ithout prior��ritten consent
of the other party, and any attempted assignment, sublease of transfer of all or any part hereof
vt ithout such prior written consent shall be void. This Agreement shall be binding upon and shall
inure to the benefit of City and Conservator and its respective successors and permitted assigns.
8.8. No Third-PartN Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and
Conservator, and am law fui successor or assign, and are riot intended to create any rights,
contractual or otherwise, to am other person or entity.
8.9. Severability.
If any provision of this Agreement shall be held to be inv' lid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisio s shall not in an% ��ay he affected
or impaired.
8.10. Contract Construction.
The Parties acknowledge that each party and, if it so choos$s. its counsel have reviewed and
revised this Agreement and that the normal rule of construcGo to the effect that anv ambi"uities
are to be resolved aaainst the drafting, party must not be em loved in the interpretation of this
Agreement or an,,I amendments or exhibits hereto.
1_reCIIICnt for Protessional Sen ices,.uth R Alden,Marshall&- \sa,ciates_LLC of I/,
L\ecution C op\ 10 IT N
8.1 1. Fiscal Funding Out.
If, for any reason, at any time during the Initial Term and any Renewal Terms of this Agreement,
the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations
under this Agreement. City may terminate this Agreement to be effective on the later of(i) thirty
(30) days followino delivery by City to Conservator of written notice of City's intention to
terminate or (ii) the last date for which funding has been appropriated by the Fort Worth Cite
Council for the purposes set forth in this Agreement.
8.12. Captions.
Captions and headings used in this Agreement are For reference purposes only and shall not be
deemed a part of this Agreement.
8.13. Conservator's Address.
Conservator shall notify the Contract Manager of changes in address.
8.14. Suryivin(' Covenants.
The covenants and obli,ations set forth in this Agreement shall not Survive the death or legal
incapacity of Conservator.
8.15. Right to Audit.
Conservator agrees that Citv will have the right to audit the financial and business records of
Conservator that relate to the Services at any time durinZ� the Initial Term and any Renev�al Terms
of this Agreement and for three (3) years thereafter in order to determine compliance with this
Agreement. Thruu('hout the Initial Term and any Renewal Terms of this Agreement and for three
(3) years thereafter_ Conservator shall make all Records available to Cite on 200 Texas Street,
Fort Worth. Texas or at another location in City acceptable to both parties followin'a reasonable
advance notice by City and shall otherwise cooperate fully with City during any audit.
Conservator shall require all of its subcontractors to include in their subcontracts a right to audit
in favor of City in Substantially the same form as above.
8.16. Certified MBE/WBE.
If applicable. Conservator is encouraged to make its best effort to become a certified Minorite
Business Enterprise (MBE') or Woman Business Enterprise (WBE) firm with a certifyin agency
whose certification is accepted by the City under the City's Business Diversity Enterprise
Ordinance.
8.17. Counterparts and Electronic Signatures.
This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument A signature
Aerecmcnt fix Pnotcssional Seri ices v%ith R -%Iden Marshall K Associates LLC' )of It,
F\ecuton Copv 10 17 19
received via facsimile or electronically via email shall be as legally binding for all purposes as an
original signature.
8.18. Time Extensions.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
8.19. Israel.
If Conservator is a company with ten (10) or more full-time omployees and if this Agreement is
for $100,000 or more. Conservator acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, the City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company that it: (I)
does not boycott Israel: and (2) will not boycott Israel during the Initial Term and any Renewal
Term of the Agreement. The terms "boycott Israel" and "company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable Under
this A-reement and Conservator is considered a "company," by sighing this Agi•eemeW,
Conservator certiTes that Conservator's signature provides written verification to the City that
Conservator: (1) does not boycott Israel, cmd(2) will not boycott Israel during the Initial Term
or arty Renewal Ternt.c of the Agreemettt.
ARTICLE 9
NOTICES
All notices, requests, demands. and other communications which are,required or permitted to be given
under this Agreement shall be in writim, and shall be deemed to have been duly given upon the delivery
or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return
receipt requested, postage prepaid, as follows:
l. CITY OF FORT WORTH: Dana Burghdoff. Interim Assi tint City Nlanaoer
City I'danager's Office
City of Fort Worth
200 Texas Street, Third Floor
Fort Worth. Texas 76102
Copies to: Sara Fullenwider, City Attorney
Office of the City Attorney
City of Fort Worth
200 Texas Sweet. Third Floor
Fort \forth. Texas 76102
Aereement tix I'COfQSSIollal Sen ices ith R .v,ten;Marshall&:As ociate,_I.LC I,I of Ire
[A"Lituon Cop', 10 17 11)
Martha Peters,Director of Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. CONSERVATOR R.Alden Marshall&Associates, LLC
6341 Stewart Road#303
Galveston,Texas 77551
IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH CONSERVAT
by:
Dana Burghdo Robe den Marshall
Interim ssis�nt City Manager Director
Date:_ I In�/(If Date: October 24,2019
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
fort monitoring and administration of this contract, including
yACou"ncilofrFort
g ail perormanc@ and rep rti g requirements.
r Conn, P c Art Collection Manager
Worth&Tarrant County
APPROVED AS TO FORM f
AND GALITY:
Jessica anI
an
Sr.Assistant City Attorney IF0
ATTE_7BY• , � � '•:�
U
�•-1
2
M -J. ayse City Secretary .............
Contract Authorization:
Form 1295: NIA
M&C N/A
Agreement for Professional Serviu hal s with R.Alden Mtusl&Associates.LLC l l of 16 OFFICIAL RECORD
ExeeutionCopy 10/17/19 CITY SECRETARY
FT. WORTH,TX
Exhibit A
Conservator's Rate Sheet
K Alden Marshall&Associates, 4C
Conservation Laboratories&Studios
Public Artwork Conservation—Fort Worth Public Art
Request for Qualifications
Fee Schedule
Depending on the technical aspects of the job contracted,we can provide a"e of Gees.The
exact price will be disclosed at the time of bidding the actual project,
Our prices are all inclusive including office&overhead,ksuranoes,btadet+srtaxes and
trarrspottanon.
Principal Conservator:5225 hour,$1IlMday
Project Engureer/Conservator.S 185 hour,S 1,4=day
Assistant Conservator:V50/hour,$1200/day
Conservator Technicians:$100 hour,S8001day
Office Personnel:S1001hour,$800/day
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Agreement for Professional Services with R.Alden Marshall R Associates,LLC 12 of 16
Execution Copy 10/17/19
Exhibit B
Sales Tax Exemption
�(FM.4hSq
Texas Sales and Use Tax Exemption Certification
This certrftate does not require a number to be valid.
Name of pwdroser.Arm or agency
City of Fort Worth,Texas
Addmn(Sbaddnbmbsr,P.O.fox arROate number) P40M Wft cafe andnumbar)
200 Texas Street 817-M4360
city.State ZIP code
Fort Worth,Texas 76102
I,the purchaser named above,claim an exemption from payment of sales and use taxes(tor the purchase of taxable
items described below or on the attached order or Invoice)from:
Saner All Vzmdm
Street address: City.State,21P code:
Description of Kerns to be purchased or on the attached order or invoice:
All items. Purchaser acknowledges that this Certificate cannot be used for the purchase,lease or rental of a motor
YeI1icle_
Purchaser claims this exemption for the following reason:
tirhinicipalrty,Govemmertal Entity
I understand that i wlil be liable for payment of all stare and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code weft all applicable law.
IuideratarpelhWitisacrhrdnaloflensetopWanexernpdarcodA%Wetofhese/lerfoduab/oN msfhatlknow,atUNtanedpurchase.
wiflbeusedinamennarofhsrthanUWaxpre sedinduscwffcate,enddependingonOwarnourrtoffaxevededMeoftfensemeyrange
from a Gass C misdsaxwtor to a felony of fhe second degree.
PunXhataf The W4
sign
Finance Director/CFO 3ptlVW`yj$018
NOTE This certificate cannot be issued for the purchase,lease,or rend of a motor vehicle.
THIS CER77FICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax SKemplion Numbers'or Tax Exampr Numbers do not exist
This certiftats should be furnished to the supppar.
Do=send the completed cettiBests to the Comptroller of Public Accounts.
Agreement for Professional Services with R.Alden Marshall R.Associates,LLC 13 of 16
Execution Cop} 10/17/19
Exhibit C
Affidavit of Bills Paid
AFFIDAVIT OF BILLS PAID
Date:
Affiant(Conservator):
Purchaser(City of Fort Worth):
Property (Artwork Site): ,
Affiant on oath swears that the following statement is true: I
Affiant has paid each of Affiant's contractors, laborers, and materialmon in full for all labor and materials
provided to Affiant for the construction of any and all improvements o� the property. Affiant is not
indebted to any person, firm, or corporation by reason of any such con traction. There are no claims
pending for personal injury and/or property damages.
Affiant(as listed in contract):
SUBSCRIBED AND SWORN TO before me. the undersigned authority. on this the
day of '0
Notary Public, State o Texas
Print Name
I
Commission Expires
ALlecnlent rur hotession,il Scn ices��Ith R -V.len Marshall K Assoccitcs LLC' 14 of In
[AeCUt1On CopV 10 17,1'1
Exhibit D
Insurance Requirements
PUBLIC ART- INSURANCE REQUIREMENTS
The Conservator shall meet all the following insurance requirements for this Project. If Conservator
subcontracts fabrication, transportation, and/or installation of the Work, then Conservator shall also
require his/her subcontractor(s) to abide by all of the following insurance requirements.
Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coveraoe shall include, but not be limited to. the following: premises, operations, independent
contractors. products/completed operations. personal injury, and contractual liability. Insurance shall be
provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO)
policy. The policy shall name Cit} as an additional insured.
Bailee's/Property(if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the
latest appraised value of the Artwork, which is entrusted to the Conservator and is considered to be in the
Conservator's care, custody, and control and shall include property "in transit."
Automobile Liability
$1,000,000 Each accident
or
$250.000 Bodily Injury per person
5500,000 Bodily Injury per occurrence
$100,000 Property Dama-e
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and
non-owned.
For the Conservator and/or the Conservator's Subcontractors who have employees: Workers'
Compensation
Statutory' limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease- per each employee
$500.000 Bodily Injury/Disease - policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the
Texas workers' Compensation Act (Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.).
\ereemem tur PP1feSS1011al Sen ices�%ith R :Xldcn Marshall K,Associates.LLC of 16
L\eeuhon C11t1\ lu 17 11)
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,
Employees and Volunteers as an"Additional Insured" on all liability policies. Exception... the additional
insured requirement does not apply to Workers' Compensation or Aut mobile policies.
Conservator is responsible for providing the City a thirty day (30) n w tice of cancellation or non-reneal
of any insurance policy and may not change the terms and condition of any policy that would limit the
scope or coverage, or otherwise alter or disallow covera(le as required herein.
The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of
the City of Fort Worth. The insurers for all policies Must be licensed/approved to do business in the State
of Texas. The insurers for all policies must be licensed/approved to do business in the State of Texas.
The insurers for all policies Must be licensed/approved to do business in the State of Texas. All insurers
Must have a minimum rating of A- V11 in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Mana(yement. If the rating is below
that required, \written approval of Risk Management is required.
If insurance policies are not written For specified coverage limits, an Umbrella or Excess Liability
insurance for any differences is required. Excess Liability shall follow form of the primary coverage.
Unless other"ise stated, all required insurance shall be vwritten on an '`IIOccurrence basis."
The deductible or self insured retention (SIR) affecting required insurance coverage shall be acceptable to
and approved in vwriting bw the Risk Manager of City of Fort Wprth in re,ards to asset value and
stockholders' equity. In lieu of traditional insurance. alternative cov�rage maintained through insurance
pools or risk retention ,roues, must also approved by City's Risk Manlager.
City, at its sole discretion. reserves the ri('ht to review the insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based
upon changes in statutory law, court decision or the claims history of the industry as well as of the
contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days.
City shall be entitled, upon request and without expense, to receive opies of policies and endorsements
thereto and may Make any reasonable requests for deletion or revision or modifications of particular
policy terms, conditions, limitations, or exclusions except where poll v provisions are established by law
or re«ulations hinding upon either of party or the underwriter on any s ch policies.
\Lrecntent fur PCUC)SIUn.II Sef\ices Guth R ,,-ALlen Marshall x.A,socmtes-I LC Ih of 16
[A"UtIPn Copy 10 1"11)