HomeMy WebLinkAboutContract 37009t
CITY SECRETARY70
YQDC
NIORACT NO*
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF FORT WORTH AND
QUIMBY MCCOY PRESERVATION ARCHITECTURE, LLP
This AGREEMENT ("Agreement") is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by
and through Carl Smart, its duly authorized Assistant City Manager and QUIMBY MCCOY
PRESERVATION ARCHITECTURE, LLP, a Texas limited liability partnership ("Architect"),
acting by and through Nancy McCoy, its managing partner. The City has designated the ARTS
COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") to
manage this Agreement on its behalf The Contract Manager shall act through Jennifer Conn, its
designated Collection Manager ("Contract Manager").
WHEREAS, the City has established a Public Art Conservation Fund (M&C G-15185) to
insure proper stewardship if the City's growing public art collection; and,
WHEREAS, a member of the Fort Worth Public Art Collection known as the Al Hayne
Monument (the "Monument"), a carved sandstone monument which supports a bronze portrait
bust of Al Hayne by Evaline Sellors more particularly described in Exhibit "A", located in
Hayne Park at Commerce Street and Lancaster Avenue, is owned by the City of Fort Worth (the
"Site'): and,
WHEREAS, the City is in need of professional services to assist in assessing the
condition of the Monument and determining potential conservation treatments and the cost
associated with conservation so that the City can maintain the value, integrity and authenticity of
the Monument; and,
WHEREAS, the City and the Architect desire to enter into a contract to have such
services provided for the Monument.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree_ asfol'�ows:
ARTICLE 1
SERVICES
1.1 Architect covenants and agrees to fully perform, or cause to be performed, with good
faith and due diligence, services in substantial conformity with the Architect's treatment
proposal dated December 28, 2007, attached as Exhibit "B" and incorporated herein for all
purposes incident to this Agreement ("Services"). The Services are being performed in
connection with the Monument at the Site. Both the Monument and the Site are owned by the
City.
1.2 Architect shall provide all supplies, materials, and equipment necessary to provide
deliverables detailed in Exhibit `B."
1.3 Dates and times for Architect to commence and schedule Services, in consideration of
ongoing construction on or near the site, will be provided to the Architect in a notice to proceed
From the Contract Manager via email, facsimile transmission or hand delivery ("Notice to
Proceed").
1.4 Upon request by the Architect, the City shall promptly furnish all information, materials
and assistance required by the Architect to the extent that such materials and assistance are
available.
1.5 The Architect shall notify the City, through its Contract Manager, in writing any reasons
necessary for changes of scope or of any reasonable issues of concern including safety to the
Monument or to the public.
1.6 The City shall have the right to request of the Architect a written progress report detailing
the progress made toward completion of the Services.
1.7 Architect, individually and through its subcontractors, shall take all necessary precautions
to protect and preserve the integrity of the Site, the Monument while provng Services.
Architect shall promptly repair to a condition acceptable to the Manager and the City any
damage caused by Architect or its employees, agents or subcontractors.
ARTICLE 2
TERM & TERMINATION
2.1 This Agreement shall commence in accordance with the Notice to Proceed and, unless
terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment
to the Architect by City.
2.2 All Services shall be completed within the time limits set forth in schedule of Exhibit
The schedule may be amended by mutual written agreement of the Contract Manager and
the Architect.
2.3 Either party may cancel this Agreement at any time and for any reason by providing the
other parry with thirty days written notice of termination. In the event this Agreement is
terminated prior to expiration of the Term, the City shall pay the Architect only for Services
actually rendered as of the effective date of termination
2.4 In the event of termination of the Agreement prior to completion of the Services,
regardless of the reason for such termination, the Architect shall immediately assign to the City
those contracts relative to the Services entered into between the Architect and subcontractors that
the City designates in writing. With respect to those contracts assigned to and accepted by the
City, the City will only be required to compensate such subcontractors for compensation
accruing to such parties under the terms of their agreements with the Architect from and after the
date of such assignment to and acceptance by the City. All sums claimed by such subcontractors
to be due and owing for services performed prior to such assignment and acceptance by the City
will constitute a debt between the Architect and the affected subcontractors, and the City will in
no way be deemed liable for such sums. The Architect shall include in all agreements or
contracts entered into with subcontractors a provision providing for the foregoing,
ARTICLE 3
FEES AND PAYMENTS
3.1 The City shall pay the Architect a fee not to exceed FOURTEEN THOUSAND
DOLLARS AND NO CENTS ($14,000) (collectively, the "Fee"), which shall constitute full
compensation for all services to be performed.
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3
3.2 Additional services, supplies, rentals, or deliverables not specifically listed in Exhibit
must be approved in writing in advance of performance and the Architect will be compensated
for any such additional services or reimbursables in accordance with the "Fee".
3.3 Payment from the City to the Architect shall be made on an invoice basis following
receipt of a signed invoice with adequate deliverables provided at submission of invoice, all in
form acceptable to the City. The invoice shall be submitted to the City no later than the 15' day
following the end of the month.
3.4 The City is atax-exempt organization and no state or local sales taxes or federal excise
taxes shall be due upon the Project. The City shall supply the Architect 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 "C" for use by the Architect in the fulfillment of this
Agreement.
3.5 The Architect shall be responsible for the payments of all expenses which 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 Architect's agents, consultants, and/or employees necessary for the proper performance of
the services required under this Agreement.
3.6 The Architect shall make timely payments to all persons and entities supplying labor,
materials, or equipments for the performance of this agreement. THE ARCHITECT SHALL
DEFEND AND INDEMNIFY THE CITY AND THE ARTS COUNCIL FROM ANY CLAIMS
OR LIABILITY ARISING OUT OF THE ARCHITECT'S FAILURE TO MAKE THESE
PAYMENTS.
3.7 The Architect shall furnish the City an affidavit, attached hereto as Exhibit "D" (the
"Affidavit") certifying that all bills relating to services or supplies used in the performance of
this Agreement have been paid.
4.1 The_ Arc
agent, servl� �hF
ARTICLE 4
INDEPENDENT CONTRACTOR
shall operate hereunder as an independent contractor and not as an officer,
of the City or the Arts Council. The Architect shall have exclusive
control of and the exclusive right to control the details of the Services performed hereunder, and
alI persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, subcontractors and program participants. The doctrine of
respondeat superior shall not apply as between the City, and the Architect, its officers, agents,
servants, employees, subcontractors, or program participants, and nothing herein shall be
construed as creating a partnership or joint enterprise between the City and the Architect and the
Architect. It is expressly understood and agreed that no officer, agent, employee, or
subcontractor of the Architect is in the paid service of the City.
ARTICLE 5
INDEMNIFICATION
5.1 (a) THE ARCHITECT COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE ARTS COUNCIL AND THE
CITY AND ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES AND FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, 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, ACTNITIES AND SERVICES DESCRIBED HEREIN; AND THE
ARCHITECT HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE ARTS
COUNCIL AND THE CITY AND ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES
AND FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING 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. THE ARCHITECT
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND
HOLD HARMLESS THE ARTS COUNCIL AND THE CITY FROM AND AGAINST ANY
AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY,
ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF THE
ARCHITECT, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES, LICFal!��E S, OR PROGRAM PARTICIPANTS.
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(B) THE ARCHITECT AGREES TO AND SHALL RELEASE THE ARTS COUNCIL
AND THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL
REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS
TO PERSONS OR PROPERTY SUSTAINED BY ARCHITECT IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
(c) The Architect shall require all of its subcontractors to include in their subcontracts a
release and indemnity in favor of the Arts Council and the City in substantially the same form as
above.
(d) This Section 5 shall survive the expiration or termination of this Agreement.
ARTICLE
INSURANCE
6.1 During the term of this Agreement, the Architect shall procure and maintain at all times,
in full force and effect, a policy or policies of insurance as set forth in Exhibit ` E", with insurers
licensed to do business in Texas and acceptable to the City. The Architect must furnish a
certificate of insurance prior to commencement of Service. The City's Risk Manager shall have
the right to review and evaluate Conservator's insurance coverage and to make reasonable
requests or revisions pertaining to the types and limits of that coverage.
6.2 All policies shall be primary to any other insurance carried by the City or the Arts
Council and shall name the City and the Arts Council as additional insureds.
6.3 The City shall have the right to review and evaluate the Architect's insurance coverage
and to make reasonable requests or revisions pertaining to the types and limits of that coverage.
The Architect shall comply which such requests or revisions prior to performing any Services.
ARTICLE 7
PROFESSIONAL STANDARDS &WA]E�RANTIES
7.1 The Architect represents and warrants that it and its subcontractors, if any, shall faithfully
i�-niizher th�ement in accordance with the standards of care, skill, training, diligence
lgment provided' by highly competent professionals who perform Services of a similar
The Architect represents and warrants that the execution of the Services will be
performed in a workmanlike manner, and any work performed as part of the Services will be
free of defects in materials and workmanship.
7.2 The Architect acknowledges and agrees that any and all information (in whatever form)
relating to the business of the City and acquired by the Architect under or in connection with this
Agreement, or otherwise, is and shall remain, to the extent permitted by law, confidential
information of the Arts Council and/or the City. The Architect agrees to maintain in confidence
and to refrain, directly or indirectly, from copying, using, 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.
7.3 The Architect, for itself and its officers, agents and employees, further agrees that it shall
treat all information provided to it by the Arts Council or the City as confidential and shall not
disclose any such information to any third party without the prior written approval of the Arts
Council or the City.
ARTICLE 8
MISCELLANEOUS
8.1 Assi ng ment. The Architect shall not assign or subcontract all or any part of its rights,
privileges or duties under this Agreement without the prior written consent of the Contract
Manager, and any attempted assignment of subcontract of same without such prior written
approval shall be void and constitute a breach of this agreement.
8.2 Compliance with Law. The Architect, its officers, agents, employees and subcontractors,
shall abide by and comply with all laws, federal, state and local, including all ordinances, rules
and regulations of the City. It is agreed and understood that, if the City calls to the attention of
the Architect any such violation on the part of the Architect or any of its officers, agents,
employees or subcontractors, then the Architect shall immediately desist from and correct such
violation.
8.3 Non -Discrimination. The Architect, in the execution, performance or attempted
performance of this contract and Agreement, will not discriminate against any person or persons
because of disability, age, familial status, sex, race, religion, color or national origin, nor will the
Architect pet fits officers, agents, employees, or subcontractors to engage in such
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r- 7
This Agreement is made and entered into with reference specifically to Chapter I7, Article III,
Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment
Practices"), and the Architect hereby covenants and agrees that the Architect, its agents,
employees and subcontractors have fully complied with all provisions of same and that no
employee or employee -applicant has been discriminated against by either the Architect, its
agents, employees or subcontractors.
8.4. Right to Audit. The Architect agrees that the City shall, until the expiration of three (3)
years after final payment under this Agreement, have access to and the right to examine any
Erectly pertinent books, documents, papers and records of the Architect involving transactions
relating to this Agreement. The Architect agrees that the City shall have access during normal
working hours to all necessary the Architect facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give the Architect reasonable advance notice of intended audits.
The Architect further agrees to include in all of its subcontractors agreements hereunder a
provision to the effect that the subcontractors agrees that the City shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such subcontractors involving
transactions to the subcontract, and further that the City shall have access during normal working
hours to all subcontractors facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this paragraph. The City shall give
subcontractors reasonable advance notice of intended audits.
This Section 8.4 shall survive the expiration or termination of this Agreement.
8.5 Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City
in any fiscal period for any payments hereunder, the City will notify the Architect of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds shall have been
appropriated.
8.6 i Entixe,� r��t. This written instrument constitutes the entire agreement by the parties
herto '4&(Qnce ork and services to be performed hereunder, and any prior or
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contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall
be void.
8.7 Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this Agreement, venue for
said action shall lie in Tarrant County, Texas.
8.8 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:
Copies to:
and to:
2. ARCHITECT:
•i:r ^. �U rqn
Carl Smart, Acting Assistant City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
(817) 3924518
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
(817) 298-3023
Leann D. Guzman, Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
(817) 392-7600
Nancy McCoy
Quimby McCoy Preservation Architecture
3200 Main Street #3.6
Dallas, Texas 75226
(214) 977-9118
8.9 Non- Waiver
The failure of the City or the Architect to insist upon the performance of
My term or provision of this Agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of the City's or the District's right to assert
or rely upon any such term or right on any future occasion.
8.10 Disclosure of Conflicts. The Architect hereby warrants to the City that the Architect has
made full disclosure in writing of any existing or potential conflicts of interest related to the
Architect's services and proposed services with respect to the Services. In the event that any
conflicts of interest arise after the Effective Date of this Agreement, the Architect hereby agrees
imediately to make full disclosure to the City i mn writing.
The City acknowledges that the Architect may use products, materials or methodologies
proprietary to the Architect. The City agrees that the Architect's provision of services under this
Agreement shall not be grounds for the City to have or obtain any rights in such proprietary
products, materials or methodologies unless the parties have executed a separate written
agreement with respect thereto. Notwithstanding the foregoing, the Architect understands and
agrees that the City is subject to various public information laws and regulations, including, but
not limited to, the Texas Open Records Act. The Architect, 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.
8.11 Severability. If any provision of this Agreement is 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.
8.12 Force Majeure. The City and the Architect shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall not be held liable for
any delay or omission in performance due to force majeure or other causes beyond their
reasonable control, including, but not limited to, compliance with any government law,
ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters,
wars, riots, material or labor restrictions by any governmental authority, transportation problems
and/or any other similar causes.
g_ 13 ��Headi�gs�n
pbs�s ail�Z) d
ink. Headings and titles used in this Agreement are for reference
not be deemed a part of this Agreement.
m
IN WITNESS WHEREOF, the parties hereto have executed this thhis agreement in multiples in Fort
Worth, arrant County, Texas, to be effective as of the 0 of
2008.
Assistant City Manager
City of Fort Worth &Tarrant County
Nancy cCoy
Partner
Quimby McCoy Preservation Architecture,LLP
Vk
tint r
ISTANT
Attested By:
Contract huthorisatiox
C, ic�
Date
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iv l� J I�', l: J "C J C,
EXHIBIT "A"
i
12
qim c prcc=r•:NNan ar: h,Y=c;ti c. np
december 2$, 2007
Ms_ Jennifer Cann
Collection Manager
Fort Worth Public Art
1300 Gently Street
Fart Worth, TX 76107
Re: AI Hayne Monument
Proposal for Architectural Conservation Services
dear Jennifer:
Quimby McCoy Preservation Architecture is very p°eased to provide you with a proposal far services
associated with the conservation of the Al Hayne Monument in Fort Worth_ We appreciate the
opportunity to submit this proposal for your consideration.
I have had the opportunity to visit the Al Hayne Monument with you Eo see first hand the conditions that
are threatening the preservation of the monument and the continuation of the piece as a work of public art
in Fort Worth_ We appreciate your acknowledgement of the need to reassess the condition of this
important monument since the last conservation undertaking ten years ago, and look forward to assisting
you in this process.
Quimby McCoy is composed of two partners who combined bring 50 years of experience in historic
preservation and conservation to your project. This experience has included countless master plans and
historic structure reports, building condition assessments, repair techniques, and restoration and
rehabilitation expertise. We are currently working on the conservation of stone at the Hall of State, in Fair
Park, Dallas and Nicky Defreece, architectural conservator, has hands-on experience on stone include the
Mission San Juan Capistrano in San Juan Capistrano, California, and the study of the interaction of salts and
water repellent treatments.
IA SCC?PE
QMc will provide services to assist FWPA in gaining an full understanding of the history of the AI Hayne
Monument, along with Ehe conditions• potential treatments, and the casts associated with its conservation.
Costs will be itemized and potential phases of conservation will be identified_ The project will include the
monument and the area immediately adjacent, including the nearby basin. The three phases are:
History and Conditions Assessment
Draft Request for QualiffiC2tiansIProposal for Conservation Treatments
Estimated Budget for Conservation Treatments
H;?I�4?i q'I7 :a•tvn.q,rin•byn5r.(riy,fbn5
EXHIBIT "B"
13
2.0 SERVICES
QMc will provide following services:
2.1 History and Conditions Assessment
We understand that FWPA has collected the majority of research and documentation that has been
undertaken for the monument to date. However, we would like to spend a small amount of time
adding to that body of knowledge, including:
a. History of the lice
History of the Al Hayne Monument
Monument Chronology (up to and including the 1997 conservation effort)
b. Conditions Assessment
Base sketch plan
Photographic documentation of the current conditions
Monument Condition Assessment
Site
Structural
Materials (sandstone, granite, bronze, and artificial stone)
Limited laboratory materials testing, to be determined during the assessment, but
which may include testing of existing treated stone materials for performance of
previous treatments
c. Recommendations
Summary of recommendations
d. Appendix (will contain historic documents and other relevanc information)
2.2 Draft RFQ
QMc will draft a Request for Qualifications to be issued to conservation professionals prior to
undertaking conservation treatments. This RFQ will include:
a. Background information
b. Overall Scope of Work
c. Summary of Conditions Assessment
d. General recommendations for conservation treatments
e. Qualifications and other requirement of the contract
2.3 Estimated Budget for Conservation Treatments
QMc will prepare an estimated budget based on the findings of the Conservation Assessment For
undertaking recommended conservation treatments. This estimated budget will include:
a. Statement of Probable Cost
b. Potential phasing and prioritization of the project, based upon available funding
3.0 CONSULTANT TEAM
i; -J,.1 vN 1 11 0 IL; 1.
fir
Quimby McCoy
Preservation.
Architecture, LLP -
(woman owned firm)
will perform the work
associated with
this proposal.
Nanry McCoy, AIA
and Nicky Defreece
Emery will provide the
EXHIBIT "B"
14
services described herein, and will be assisted by Steve Lucy, faster Quintanilla Dallas, Structural
Engineer, and we will utilize the services of Frances Gale, University of Texas at Austin, College of
Architecture, Conservation Laboratory for materials testing.
4.0 SCHEDULE
Work shall be performed in accordance with the following schedule:
History and Conditions Assessment
Draft RFQ for Conservation Treatments
Estimated Budget for Conservation Treatments
S.0 FEES
Quimby McCoy proposes a lump sum fee as follows:
History and Conditions Assessment
Draft RFQ for Conservation Treatments
Estimated Budget for Conservation Treatments
Total fee
January
—April, 2008
April - May, 2008
April - May, 2008
$
12,000.00
$
I,000.00
$
I,000000
$
14,000,00
Expenses for local travel (within Dallas -Fort Worth), and for one trip to Austin, one trip for
Frances Gale to Fort Worth, laboratory [esting as needed, two copies of the final report
inch format and on CD), in-house copying, and phone calls are included in this fee; reimbursable
expenses are outlined below.
Reimbursable Expenses:
The following shall be considered reimbursable expenses and shall be invoiced in addition to die fee
noted above:
Archival reproduction
We would be honored to work with FWPA on this project.
Respectively submitted:
1 v c%r�G�L�7
Nancy McCoy, AIA
Partner
Authorization:
M�
Iennifer Conn, Fort Worth Public Arc Collection Manager
EXHIBIT "B"
Date
15
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EXHIBIT "C"
l�
AFFIDAVIT OF BILLS PAID
Date:
Affiant:
Purchaser:
Property:
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materiahnen 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:
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
day of , 200 .
Notary Public, State of Texas
Print Name
Commission Expires
EXHIBIT "D"
Commercial General Liability (CGL)
$1,000,000
$250005000
Each occurrence
Aggregate limit
INSURANCES
Coverage shall include but not be limited to the following: premises operations, independent contractors,
productslcompleted operations, personal injury, and contractual liability. Insurance shall be provided on an
occurrence basis, be as comprehensive as the current Insurance Services Office (ISO) policy.
Automobile Liability
$1,000,000 Each accident
oI
$250,000 Bodily Injury per person
$50000 Bodily Injury per occurrence
$1001000 Property Damage
A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned.
Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$1001000 Disease - per each employee
$5001000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in
the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $1QQ,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100 000 per disease per email ee
EXIIIBIT "E"
1E:3
GENERAL POLICY REQUIREMENTS
The City of Fort Worth and the City of Fort Worth &Tarrant County, its Officers, Employees
and Volunteers shall be named as an Additional Insured. Exception... the additional insured
requirement does not apply to Workers' Compensation policies
Forty-five (45) days notice of cancellation or non -renewal.
Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non -
renewed, until after forty-five (45) days prior written notice has been given to the City of Fort
Worth.
Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth and the City of Fort
Worth & Tarrant County.
The insurers for all policies must be licensed/approved to do business in the State of Texas.
Except for workers' compensation, 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 the City and the City of Fort Worth 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 the "occurrence basis"". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or
prior to the date of the contractual agreement and the certificate of insurance shall state that the
coverage is claims -made and the retroactive date. The insurance coverage shall be maintained
for the duration of the contractual agreement and for five (5) years following completion of the
service provided under the contractual agreement or for the warranty period, whichever is longer.
An annual certificate of insurance submitted to the City and the City shall evidence such
insurance coverage.
j.Va�Li v:ar51Lti1��(
EXHIBIT "E"
�- - 19
The deductible or self -insured retention (SIR) affecting required insurance coverage shall be
acceptable to and approved in writing by the City and the Risk Manager of the 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 the City and the City's Risk Manager.
The City and the City, at their 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 the City and/or the City based upon changes in statutory law,
court decision or the claims history of the industry as well as of the contracting party to the City.
The City or the City shall be required to provide prior notice of ninety (days).
The City and the 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.
EXHIBIT "Ell
. l i G�I
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2007 -Ord. # 17799-09-2007
DATE: Tuesday, September 25, 2007
LOG NAME: 60ARTS PROGRAM
REFERENCE NO.: G-15888
SUBJECT:
Authorize Transfer of FY2006-07 Water and Sewer Operating Funds for the Fort Worth Public Art
Program and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $921,284.00 from the FY2006-07 Water and Sewer Operating Fund to the
Specially Funded Capital Projects Fund for the Water Department contribution to public art funding; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of $921,284.00 from available funds.
DISCUSSION:
On October 2, 2001, (M&C G-13396) the City Council adopted Ordinance No. 14794 creating the Fort
Worth Public Art Program. The purpose of the Public Art Program is to:
• create an enhanced visual environment for Fort Worth residents;
• commemorate the City's rich cultural and ethnic diversity;
• integrate the design work of artists into the development of the City's capital infrastructure
improvements; and
• promote tourism and economic vitality in the City through the artistic design of public spaces.
In accordance with Council policy established in that ordinance, two percent of the annual operating budget
of the Water and Sewer Fund for cash financing of capital projects is allocated for public art in the city. This
two percent is set aside on an annual basis for the Fort Worth Public Art Program. Public art is also funded
via a two percent set aside of General Obligation (GO) bond funds.
Specific art projects in the Fort Worth Art Commission (FWAC)'s Annual Work Plan, as well as projects
noted in the Long -Range Public Art Plan for the 2004 Capital Improvement Program (approved by Council
on May 17, 2005, M&C G-14801) and the Long -Range Public Art Plan for the Water Fund (approved by
Council on May 9, 2006, M&C G-15185) are funded from that set -aside of GO bond and Water and Sewer
Fund capital improvement funds. The FWAC's FY2007-08 Annual Work Plan of specific projects to be
funded will be forthcoming in conjunction with the M&C for the Arts Council's FY2007-08 Fort Worth Public
Art Program management contract.
The Fort Worth Public Art collection represents a significant asset to the City and its citizens; therefore, the
acquisition and display of art works also entails a commitment to maintain and conserve them. Bond funds
cannot be used for such conservation activities. Therefore, to ensure proper stewardship of a growing City
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 4/25/2008
Page 2 of 2
art collection, a Public Art Conservation Fund, which is to achieve a standing balance equal to 15 percent of
the public art collection's value, was established in FY2005-06, using $200,000 from the Water
Department's annual contribution for Public Art. In addition to the transfer of Water and Sewer Fund
monies for Public Art Program management and public art design /fabrication /installation, this M&C also
serves to add to the established pool of funds for art conservation activities. The proposed FY2007-08 set -
aside for public art conservation activities is $100,000.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund.
TO Fund/AccountlCenters
1 &2 $g21,284.00
C291 472045 031989990100
C291 539120 031989990100
$821,284.00
1 &2� $100, 000.00
C291 472045 031889990100
C291 541200 031889990100
$100, 000.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
PE45 538070 0709020 $921,284.00
Libby Watson (6183)
Marc Ott (8476)
S. Frank Crumb (8207)
Melissa Ramon (8245)
http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 4/25/2008