HomeMy WebLinkAboutContract 50749 3 P
J CITY SECRETAR1f
AGREEMENT FOR PROFESSIONAL SERVICES BETMO RACT NO. Cl
` THE CITY OF FORT WORTH AND
UNIFIED FINE ARTS SERVICES,LLC.
This Professional Services Agreement ("Agreement") is made and entered into on this 20th day
of May,2017("Effective Date"),by and between the City of Fort Worth,a home-rule municipal corporation
of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and
Unified Fine Arts Services,LLC.("Contractor"),acting by and through Victor Bissontte, its Principle. The
City has designated the Arts Council of Fort Worth and Tarrant County Inc., ("Contract Manager") to
manage this Agreement on its behalf.
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, City provides oversight and funding to maintain artworks created through the
program;
WHEREAS, the Contract Manager conducted a request for qualifications seeking individuals or
firms to provide professional services to assist in maintaining the value,integrity,and authenticity of public
artwork included in the Fort Worth Public Art Collection("Collection");
WHEREAS, Contractor submitted a response and was selected to provide non-exclusive
professional art services;
WHEREAS, the Contractor is an established firm providing professional art related services,
including art transportation, large installation/deinstallation, exhibition installation, minor cleaning and
repairs, and installation consultation; and
WHEREAS, the City and the Contractor desire to enter into a contract to have such services
provided for the Collection.
NOW,THEREFORE,in consideration of the mutual covenants herein expressed,the parties agree
as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings as set forth below:
1.1. Agreement—Means and includes this agreement between the City and Unified Fine Arts
Services, LLC.
1.2. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant
County, Inc., and/or its officers, directors, or employees.
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1.3. City—Means and includes the City of Fort Worth, Texas.
1.4. Effective Date—Means and includes the date represented in the first paragraph of this
Agreement, which shall be the official date of execution of this Agreement.
1.5. Final Acceptance-Means City's written acknowledgement to Contractor that all services
have been completed in accordance with the terms of this Agreement.
1.6. Parties—Means and includes City and Contractor.
1.7. Schedule - Means and includes a written plan of procedure for completion of services
including, but not limited to,the submission of progress reports.
1.8. Services—Means and includes the work proposed and agreed upon through subsequent
addendum and attached to the Agreement as exhibits.
ARTICLE 2
SERVICES
2.1 Contractor shall fully provide, or cause to be provided, with good faith and due diligence,
professional art handling services for the Collection in accordance 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 Fort Worth City Council as part of the City's agreement with the Contract Manager for
administration of the public art program,and on an as-needed basis at the direction of the Contract Manager.
All Services shall be carried out in accordance with fully executed addenda that set forth the specific
Services to be provided and any additional terms and conditions set forth in such addenda related to the
Services.
2.2 Contractor shall provide all supplies, materials, and equipment necessary to provide deliverables
required unless otherwise agreed to by the parties, in writing, in advance of the Services.
2.3 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.
2.4 Upon request by the Contractor, the City may furnish all information, materials and assistance
required by the Contractor to perform the Services to the extent that such materials and assistance are
necessary and available.
2.5 Contractor, individually and through its subcontractors, shall take all necessary precautions to
protect and preserve the Collection. If City determines, in its sole discretion, that Contractor or the
Contractor's subcontractors have damaged the Collection,then City shall inform Contractor, in writing, of
the damage. Contractor,at its own expense, shall have thirty(30)days from receipt of City's written notice
to repair the damage to the Collection to the satisfaction of City. If Contractor fails to repair the damage to
the satisfaction of City within thirty (30) days after receipt of the notice, or within the deadline otherwise
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agreed to by the parties, then City shall have the right to deduct the cost of repairs from any remaining or
future payment due to Contractor under this Agreement, which shall be in addition to any and all other
rights and remedies available to City at law or in equity.
ARTICLE 3
TERM&TERMINATION
3.1 Term. This Agreement shall commence upon the Effective Date and shall expire on the first day of
the month next following one (1)year("Initial Term"). The City may, at its sole discretion, opt to renew
and extend this Agreement for two additional one year terms ("Renewal Terms"). Any Renewal Terms
shall be duly executed in writing by the parties.
3.2 Termination. Either party may terminate this Agreement at any time and for any reason by
providing the other party with thirty(30)days written notice of termination. In the event this Agreement is
terminated prior to expiration of the Initial Term or applicable Renewal Term, City shall pay Contractor
only for Services actually rendered as of the effective date of termination, and Contractor 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 Contractor upon termination of
the Agreement.
ARTICLE 4
COMPENSATION
4.1 In consideration of the Services to be performed hereunder by Contractor,City promises and agrees
to pay Contractor an amount up to SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000.00)
("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
performed and materials furnished by Contractor. The parties acknowledge that the Compensation is not a
fixed 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.
4.2 Services outlined in this Agreement are based on hourly rates in accordance with Contractor's staff
rate schedule, plus reasonable expenses, approved in advance by the City, and supported with receipt of
documentation at invoicing, with total fee including, but not limited to, all reimbursable expenses.
4.3 Additional services, supplies, rentals, or deliverables must be approved by the City in writing in
advance of performance, and the Contractor will be compensated for any such additional services or
reimbursables as agreed to by the parties.
4.4 Payment from City to Contractor shall be made on an invoice basis for Services rendered following
receipt by City from Contractor of a signed invoice.The invoice shall be submitted to City no later than the
15th day following the end of each month.If the City requires additional reasonable documentation, it shall
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request the same promptly after receiving the above-described information,and the Contractor shall provide
such additional reasonable documentation to the extent the same is available.
4.5 The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall
be due. The City shall supply the Contractor with the "Texas Sales Tax and Local Sales Tax Exemption
Certificate," in substantially the same form as that attached hereto and incorporated herein as Exhibit "A"
for use by the Contractor in the fulfillment of this Agreement.
4.6 The Contractor 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 Contractor's agents,
consultants, and/or employees necessary for the proper performance of the Services required under this
Agreement.
4.6 In the event of a disputed or contested billing, only the portion being contested will be withheld
from payment, and the undisputed portion will be paid. City will exercise reasonableness in contesting any
bill or portion thereof.No interest will accrue on any contested portion of the billing until the contest has
been mutually resolved.
4.7 For contested billings, the City shall make payment in full to Contractor within sixty(60) days of
the date the contested matter is resolved.
4.8 Contractor shall make timely payments to all persons and entities supplying labor, materials, or
equipment for the performance of this Agreement. CONTRACTOR SHALL DEFEND AND
INDEMNIFY THE CITY AND CONTRACT MANAGER FROM ANY CLAIMS OR LIABILITY
ARISING OUT OF THE CONTRACTOR'S FAILURE TO MAKE THESE PAYMENTS.
4.9 Contractor shall furnish the City an affidavit,attached hereto as Exhibit"B",certifying that all bills
relating to the Services or supplies used in the performance of this Agreement have been paid.
ARTICLE 5
INDEPENDENT CONTRACTOR
5.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to control
the details of the Services performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees, subcontractor s and
program participants. The doctrine of respondeat superior shall not apply as between the City and
Contractor, its officers, agents, servants, employees, subcontractor s, or program participants, and nothing
herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is
expressly understood and agreed that no officer, agent,employee,or subcontractor s of Contractor is in the
paid service of City.
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ARTICLE 6
INDEMNIFICATION
6.1 CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES 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 SUITS OF ANY HIND 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 ALL
PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT
OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND CONTRACTOR
HEREBY ASSUMES ALL LIABILITYAND RESPONSIBILITY OF CITY AND ITS OFFICERS,
REPRESENTATIVES,AGENTS,SERVANTS,AND EMPLOYEES FOR ANY AND ALL CLAIMS
OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,INCLUDING,
BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE
OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES DESCRIBED HEREIN. CONTRACTOR LIKEWISE
COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF
PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR
OMISSIONS OF CONTRACTOR AND ANY PERSON OR ENTITY ACTING ON BEHALF OF
CONTRACTOR.
6.2 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST
THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM,CONTRACTOR,ON
NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT
CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY
SATISFACTORY TO CITY.
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6.3 CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
REPRESENTATIVES, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY,DEATH,DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED
BY CONTRACTOR AND ANY PERSON OR ENTITY ACTING ON CONTRACTOR'S BEHALF IN
CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
6.4 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY
LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR AND ANY PERSON OR
ENTITY ACTING ON BEHALF OF CONTRACTOR.
6.5 Contractor shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of the Contract Manager and the City in substantially the same form as above.
ARTICLE 7
INSURANCE
7.1 During the term of this Agreement, the Contractor shall procure and maintain, at all times, in full
force and effect,a policy or policies of insurance that provides the specific coverage set forth in this Exhibit
"C"as well as any and all other public risks related to the Contractor's performance of its obligations under
this Agreement.
7.2 Contractor shall promptly provide the City with certificates of insurance that verify Contractor's
compliance with the insurance requirements of this Agreement before commencing any Services. The
City's Risk Manager shall have the right to review and evaluate the Contractor's insurance coverage and to
make reasonable requests or revisions pertaining to the types and limits of that coverage. The Contractor
shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement.
ARTICLE 8
PROFESSIONAL STANDARDS AND WARRANTIES
8.1 The Contractor represents and warrants that it and its subcontractors,if any,shall faithfully perform
under this Agreement in accordance with the standards of care, skill, training, diligence and judgment
provided by highly competent professionals who perform Services of a similar nature. The Contractor
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 of defects in materials and workmanship.
8.2 The Contractor acknowledges and agrees that any and all information (in whatever form) relating
to the business of the City and acquired by the Contractor under or in connection with this Agreement, or
otherwise, is and shall remain, to the extent permitted by law, confidential information of the City. The
Contractor agrees to maintain in confidence and to refrain, directly or indirectly, from copying, using,
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transferring, disclosing or exploiting in any manner any of such confidential information during the term
of this Agreement and following termination thereof, for any reason.
8.3 The Contractor, for itself and its officers, agents and employees, 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 9
MISCELLANEOUS
9.1. Compliance.
Contractor shall comply with all Federal, State and City statutes, ordinances and regulations applicable to
the performance of Contractor services under this Agreement.
9.2. 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.
9.3. Amendments.
No alteration,change,modification or amendment of the terms of this Agreement shall be valid or effective
unless made in writing and signed by both parties hereto and approved by appropriate action of City.
9.4. 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 be deemed a waiver of any right or acceptance of defective performance.
9.5. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any 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 with the laws of the State of Texas.
9.6. Successors and Assigns.
Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the
other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior
written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City
and Contractor and its respective successors and permitted assigns.
9.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Contractor, and any
lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
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9.8. Severability.
If any provision of this Agreement shall be held to be invalid,illegal or unenforceable,the validity, legality
and enforceability of the remaining provisions shall not in any way be affected or impaired.
9.9. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party must not be employed in the interpretation of this Agreement or any amendments
or exhibits hereto.
9.10. Fiscal Funding Out.
If, for any reason, at any time during any term 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 following delivery by City to Contractor of
written notice of City's intention to terminate or(ii)the last date for which funding has been appropriated
by the Fort Worth City Council for the purposes set forth in this Agreement.
9.11. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
9.12. Contractor's Address.
Contractor shall notify the Contract Manager of changes in address.
9.13. Right to Audit.
Contractor agrees that City will have the right to audit the financial and business records of Contractor that
relate to the Conceptual Design (collectively "Records") at any time during the Term of this Agreement
and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the
Term of this Agreement and for three (3) years thereafter, Contractor shall make all Records available to
City on 200 Texas Street, Fort Worth, Texas or at another location in City acceptable to both parties
following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit.
Contractor 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.
9.14. Certified MBEIWBE.If applicable, Contractor is encouraged to make its best effort to become a
certified Minority Business Enterprise(MBE)or Woman Business Enterprise(WBE)firm with a certifying
agency whose certification is accepted by the City under the City's Business Diversity Enterprise
Ordinance.
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9.15. Survival Provision.
The provisions contained in Articles 5 (Independent Contractor), 6(Indemnity Provisions), 8(Professional
Standards and Warranties), and 9.13 (Right to Audit) shall survive the termination or expiration of this
Agreement.
9.17. 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 received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
9.18. Time Extensions.
The Parties may agree,in writing,to extend or modify any of the time deadlines set forth in this Agreement.
9.19. Israel.
Contractor 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: (1) does not boycott Israel; and (2) will not boycott Israel
during the term ofthe contract. The terms"boycott Israel"and"company"shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor
certifies that Contractor's signature provides written verification to the City that Contractor.(1)does not
boycott Israel;and(2) will not boycott Israel during the term of the Agreement.
ARTICLE 10
NOTICES
All notices, requests, demands, and other communications which are required or permitted to be given
under this Agreement shall be in writing 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:
1. CITY OF FORT WORTH: Assistant City Manager
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
(817)392-8518
Copies to: Martha Peters, Public Art Director
Arts Council of Fort Worth& Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
(817)298-3023
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and to: City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
(817)392-7600
2. CONTRACTOR: Victor Bissonette, Principle
Unified Fine Arts Services,LLC
14105 Inwood Road
Dallas, Texas
75244
(214) 678-9101
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples in Fort Worth,
Tarrant County, Texas to be effective as of the Effective Date.
CITY OF FORT WORTH UNIFIED INE ARTS SERVICES,LLC.
by: by:
Jesus J. Chapa Victor issonette
Assistant Cit;,Maannager Prinicple
Date: lJ �l9 Date: S 2�
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuringrformance and reporting
requi en
J nnifer Ponn,Arts Council of Fort Worth
ublic CollectiojMlaniag r
A OVEDAST
AN EGALITY:
Assista i ttorney
Form 1295:N/A LL
E D BY:
Ma Kayser RECORD
City SecretaryAS OFFICIAL
M&C: N/A CITY q%WT
My
ry.11Yow"M
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Exhibit A
Tax Exempt
x a,�a reaab
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
Name of pu,tluur,firm or @gvxV
City of Fort Worth,Texas
Address(Street i number,P.O.Box or Roub mnnbaQ Plane(Area cods and number)
200 Texas Street 617-392-8360
Cly,Stns,LP coda
Fort Worth,Texas 76102
1,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable
items described below or on the attached order or invoice)from:
Seller: All Yem ars
Street address: City,State,ZIP coda:
Description of items to be purchased or on the attached order or invoice:
All Items except motor vehicles as listed below
Purchaser claims this exemption for the foiiowing reason:
Municipality,Governmental Entity
1 understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
IunclarstandNWitisaaft*e/oflbnaeto9veanoxampbtoncartiscaMtoftaatlerfortaxableNow that/know,at the Wwofpw base,
wNbe used it a mannradrertlan that exprassMJn hVe cm0cate,and dependng on go amannt of in evaded the offense may range
born a Gass C misdemeanor to a felony of the second degree.
Pod""r TWO Dale
h gra Finance Director/CFO January 3,2017
NOTE: This certificate cannot be issued for the purchase,base,or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax"Exemption Numbers"or'Tax ExempC Numbers do not exist.
This certificate should be furnished to the supplier.Do not send the completed certificate to the Comptroller of Public Accounts.
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Exhibit B
Affidavit of Bills Paid
AFFIDAVIT OF BILLS PAID
Date:
Affiant(Contractor):
Purchaser(City of Fort Worth):
Property(Artwork Site):
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials
provided to Affiant for the construction of any and all improvements on the property. Affiant is not
indebted to any person,firm,or corporation by reason of any such construction. 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 ,20—.
Notary Public, State of Texas
Print Name
Commission Expires
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Exhibit C
Insurance Requirements
PUBLIC ART- INSURANCE REQUIREMENTS
The Contractor shall meet all the following insurance requirements for the assessment, naming the City as
an additional insured on each policy of insurance, except Workers Compensation. If the Contractor
subcontracts any part of the work, then the Contractor shall also require his/her subcontractor(s) to abide
by all of the following insurance requirements. The Contractor shall require the subcontractor(s)to name
the Contractor and the City as additional insureds.
Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage 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 City as an additional insured.
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and
non-owned.
For the Contractor and/or the Contractor'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.).
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 Automobile
policies.
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Contractor is responsible for providing the City a thirty day (30) notice of cancellation or non-
renewal of any insurance policy and may not change the terms and conditions of any policy that
would limit the scope or coverage, or otherwise alter or disallow coverage 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. If the subcontractor is an international entity and carries insurance
through an international insurance company, then the subcontractor must obtain language on their
certificate of insurance confirming that its insurance policy extends coverage to operations in the
United States. All insurers must have a minimum rating of A- VII in the current A. M. Best Key
Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of
Risk Management. 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 otherwise stated, all required insurance shall be written on an "occurrence basis."
The deductible or self-insured retention (SIR) affecting required insurance coverage shall be
acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to
asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage
maintained through insurance pools or risk retention groups, must also approved by City's Risk
Manager.
City, at its sole discretion, reserves the right 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 copies 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 policy
provisions are established by law or regulations binding upon either of party or the underwriter on
any such policies.
Agreement for Professional Services with Unified Fine Arts Services,LLC Execution Copy 4/23/18 14 of 14