HomeMy WebLinkAboutContract 53000 C6T1(SECRETARr00
r, = RACT NO� <5
,,,\AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
OG� AY LODGE FINE ARTS CONSERVATION LABORATORY, INC.
GGS�GQ FOR CONSERVATION SERVICES
This Agreement is entered into this dad of , 2019 ("Effective Date") bN and
between the Cite of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), actin,
by and through Dana Burghdoff. its dulN authorized Interim Assistant Cite Manager, and McKay LodL,e
Fine Arts Conser),ation Laboratory, Inc., an Ohio Corporation. (the"Conservator") acting by and through
Robert G. Lodge. its President and located at 10915 Py le Road, Oberlin. OH, 44074. City has designated
the Arts Council of Fort Worth and Tarrant COMM'. Inc.. to manage this Agreement on its behalf. The
Contract klanager shall act through its designated Public Art collection manager("Contract Manager").
WHEREAS. pursuant to Chapter ?. Sections 2-56 thl-ou(Th 2-61 of the Fort \Vorth Code of
Ordinances, the Fort \forth Public Art Program's goals are to create an enhanced visual environment for
Fort worth residents. to commemorate the Citv's rich cultural and ethnic diversit). to integrate the design
\wrk of artists into the development of the City's capital infrashucture improvements. and to promote
tourism and economic vitalit} in the City through the artistic de-,JIM of public spaces:
WHEREAS. the City has provided funding for the maintenance and conservation of armorks
included in the Public Art Collection ("Collection"):
WHEREAS, the Contract Manager conducted a request for qualification seeking individuals or
or-anizations to provide professional maintenance, cow ervation, and consultation services to assist in
maintaining the value. integrity, and authenticit\' of the Fort Worth Public Art Collection:
WHEREAS. the Conservator vas selected to provide non-exclusive professional maintenance.
conservation and consultation services:
WHEREAS. Conservator is an established full-service conservation firm specializing in historic
and contemporar) public art maintenance and conservation:
WHEREAS. Citv and Conservator desire with to set out the terms and conditions under Much
said Fork shall be provided:
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties
agree as follows:
ARTICLE I
SERVICES
1.1. Scope of Services
a. Conservator shall fullN provide, or cause to be provided. vpith good faith and due diligence,
general maintenance. conservation. and consultation services for the Collection in accordance
OFFICIAL RECORC
�,-�Iocnwlll CITY SECRETARY
F.�r�uuon Cnp 10 1-, N
FT. WORTH,TX
with the terms of this Agreement ("Services"). The Services shall he based on the annual Fort
Worth Public Art work plan, as approved annually by the Fort worth Cite 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 Mana,_er. All Services shall be carried out in
accordance vKith fully eseeuted addenda that set forth the specific Services to be provided.
prescribed timelines, and any additional terms and conditions set torth in such addenda related to
the Services.
b. Conservator shall furnish a schedule to the Contract Manager prior to the esecution of addenda.
Conservator shall proceed with work in accordance with such Schedule. Schedule changes may,
be accomplished by \Nritten agreement between Conservator and City.
C. Conservator shall provide all supplies, materials, and equipment necessary to provide deliverables
required unless otherwise negotiated in advance. Conservator shall be responsible t)r obtaining
and pay in,, for all necessary permits and anv required traffic barriers appropriate for the esecution
of Services.
d. Esistin- conditions hidden or concealed and not available for reasonable �isual observation
discovered during, the performance of the Services will be reported promptly to the Contract
h'lanager prior to commeneim, any Further Seri ices. The Contract Manager, in its discretion,
approve or disapprove of recommended changes in scope.
e. Conservator, individually and thr011011 his subcontractors, shall take all necessary precautions to
protect and preserve the Collection. It City determines. in its sole discretion. that Conservator or
the Conservator's subcontractors have damaged the C Ileetion. then City shall inform
Conservator, in writing, of the damage. Conservator, at his/her own expense, shall have thirty
(30) days from receipt of City's k�ritten notice to repair th� damage to the Collection to the
satisfaction of City. If Conservator Fails to repair the damagos to the satisfaction of Cite within
thirty (30) cims after receipt of the notice, or vkithin the d4adline otherwise agreed to by the
parties. then City shall have the right to deduct the cost of re airs from any remaining, or future
payment due to Conservator under this Agreement. ��hich sha11 be in addition to am and all other
rights and remedies available to City at ILM or in equity.
f. Conservator shall, upon written request by the City, provide a written report detailing the
esecution of the work, including pre-existing conditio s, repairs and treatments. and
recommendations for future maintenance. Images of all st ges shall be submitted by digital
transfer or disk in concurrence ��ith the deliver% of the ��ritten report. Conservator shall comply
with any request made by City pursuant to this Article 1.3 within thirty (30) calendar days after
receipt of the written request.
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l.'_. Cite Assistance.
Upon request by Conservator. Cite 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 notify Cite
Departments and staff of pending v�ork 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, Cite promises and
agrees to pay Conservator an annual amount up to TWENTY FIVE THOUSAND DOLLARS
(525,000.00) ("Compensation") in accordance «ith the terms of this Agreement. Pavnent
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 Conservator
Linder this Agreement. The parties ackno«'ledge 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. City and Conservator ma% amend this
Agreement to allow for additional payment if additional services are required.
b. Services outlined in this Agreement 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, vpith 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 tray el on hehalf of Cit\ is necessary and allowable under the terms of the
agreeli ent. Applicable travel and per diem runes «ill be based upon the rates set b\ 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
folio«in,, receipt b} City from Conservator of a signed invoice. The invoice shall be submitted
to City no later than the 15`" day follov%ing the end of the month. If the City requires additional
reasonable documentation, it shall request the swine promptly after receiving the above-described
information. and the Conservator shall provide such additional reasonable documentation to the
extent the same is available.
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2 2 Sales Taxes.
The City is a tax-exempt oi-anization, and no state or local sales taxe or federal excise taxes shall be due
or collected. The City shall provide the Conservator a "Texas Certi Cate of Exemption" in substarntially
the same form as that attached and incorporated herein as Exhi it "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 ex enses that are incurred during the
performance of this Agreement, including. but not limited to. service,, materials.
mailing/shipping charges and insurance on submissions to t e Cite, cost of all travel, and costs
for the Conservator's agents, consultants, and/or employees n eessary 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 vgill be withheld
from payment. and the undisputed portion vHill be paid. City v01 exercise reasonableness in
contesting any hill or portion thereof. No interest will 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 within sixtc (60) days
of the date the contested matter is resolved.
d. Conservator shall make timely payments to all persons and entities supplying" labor, materials. or
equipment for the performance of this Agreement. CONSERVATOR SHALL DEFEND AND
INDEMNIFY THE CITY FROM ANY CLAIMS OR LIA ILITY ARISING OUT OF THE
CONSERVATOR'S FAILURE TO MAKE THESE PAYt ENTS.
e. Conservator shall furnish the Citri an affidavit, attached heretolas Exhibit"C", certifvim, that all
bills relating, to the Services or supplies used in the performance of this Aureement have been
paid.
ARTICLE 3
TERM & TERNIINA HO N
3.1 Term.
This A�zreement shall commence upon the Effective Date and hall expire on September 30. 2020
("initial Term"). The City may, at its sole discretion. opt to r`_ ew and extend this A��reement for
three additional one-year terms (UCtObe1' I throu�1h September 30 of the applicable years) (each a
"Renewal Term"). Any' Renewal Term shall be duly executed i writing by the parties.
i
3.2 Termination.
Either party may terminate this Agreement at any time and for any reason by providing the other
party with thirty (30) day; written notice of termination. In the event this Agreement is
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terminated prior to expiration of the Initial Term or applicable Rene«al 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 vv ith Services requested by the Ciri and in
accordance with this Agreement up to the effective date of termination. City shall have no further
obli,,ations to the Conservator upon termination of the Agreement.
ARTICLE 4
INDEPENDENT CONTRACTOR
Conservator shall perform all u ork 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
riuht to control the details of the vvork performed hereunder, and all persons performing same, and shall
he solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors.
Nothing herein shall he construed as creating a partnership or joint venture hetvveen City and Conservator,
his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no
application as bemeen City and Conservator.
ARTICLE
SUBCONTRACTING
Conservator may subcontract portions of the services to he 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 Agreement
shall be expressly subiect 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 with a copy of the subcontract betvveen Conservator and
each subcontactor to the Contact Manager,
ARTICLE 6
INSURANCE AND INDEMNITY
6.1. General.
Conservator shall Carry insurance as set out in Exhibit "D.- which is attached hereto and
incorporated herein for all purposes. Evidence of required insurance shall he submitted to the
Contract Manager prior to installation of the Work on City property. ffowever, if any part of the
fabrication process vyill be conducted on City property, then Conservator shall submit evidence of
required insurance to the Contract Manager prior to performance of that vvork. 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
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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 resppnsibilih of Conservator upon Final
Acceptance.
6.2. Performance Bonds.
Conservator shall not be required by City to post am performance bonds or similar undertakings.
6.3. General Indemnity.
a. CONSERVATOR COVENANTS AND AGREES TO ANP 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, DA1vlAGES, LIABILITIES, AND/OR SUITS 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 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 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 ('itv from any and all liability for ilijurv, death, damage,
or Ions to persons or property sustained or caused by Conservaor in connection A�ith or incidental
to performance under this Agreement.
C. Conservator shall require all of its subcontractors to include n their subcontracts a release and
indemnity in fab01'of City in suhstantially the saute form as above.
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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 anv, shall perform all
Services in compliance «ith 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 anv work performed as part of the Services will
be free from defects in materials and workmanship.
b. Conservator acknowledges and a-rees that anv and all information (in whatever torm) relating to
the husineSS of the City and acquired by the COiSerV3tor under or in connection with this
A(Ireement, or otherv�ise, is and shall remain, to the extent permitted by law, confidential
intormation of the City. Consultant agrees to maintain in confidence and to refrain, director or
indirectly, from copy in,', using, transferring. disclosing, or exploiting in any manner any of such
confidential information durin, the Initial Term and an\, Renewal Terms of this Agreement and
following termination thereof, for any° reason.
C. Conservator, for itself and anti 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
anv such information to any third party w ithout the prior written approval of the ('itv.
ARTICLE 8
MISCELLANEOUS
8.1 Assi.,mnent.
Conservator shall riot assign or subcontract all or anv part of its rights. Priv ileges or duties under
this Agreement without the prior written consent of City, and am attempted assignment of
subcontract of same without such prior written approval shall be void and constitute a breach of
this agreement.
8.2 Compliance.
Conservator shall comply with all Federal. State and City statutes, ordinances and regulation;
applicable to the performance of Conservator's services under this Agreement.
8.3 Entire Agreement.
This writina embodies the entire agreement and understandinu between the Parties hereto_ and
there are no other a-reements and understandin-s, oral or written. "ith reference to the subject
matter hereof that are not mertTed herein and superseded herehv.
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8.4 .Amendments.
No alteration, change, modification or amendment of the ter is of this Agreement shall be valid
or effective unless made in vvritin, and signed b% both parties hereto and approved h\ appropriate
action of City.
8.5. Waiver.
No waiver of performance by either part\ shall be constru�tf
as or operate as a waiver of anv
ons
subsequent default of anv terms, covenants, and conditi this Agreement. The payment or
acceptance of fees for anv period after a default shall not be deemed a waiver of anv right or
acceptance of defective performance.
8.6. Governing Lavy and Venue.
If anv action, whether real or asserted, at law or in equity, ari es on the basis of anv provision of
this Agreement, venue for such action shall lie in state courts ocated in Tarrant County, Texas or
the United States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement shall be Col1St-Llc'd in accordance vv ith the laws of the State of Texas.
8.7 Successors and Assigns.
Neither party hereto shall assign, sublet or tansfer its interest herein without prior written consent
of the other party, and any attempted assignment. sublease or transfer of all Or am part hereof
vwithout 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 SUCCeSSOB and permitted assigns.
8.8. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of Cite and
Conservator, and anv lawful successor or assion, and are not intended to create am rights,
contractual or othervw ise, to any other person or entity.
8.9. Severability.
If anv provision of this Agreement shall be held to be invalid, illegal or Unenforceahle, the
validity, le,,alit,, and enforceability of the remainim, provisions shall not in anv vvay be affected
or impaired.
8.10. Contract Construction.
The Parties acknowledge that each part\, and, if it so choo, s s , its w
counsel have reviewed and
revised this Agreement and that the normal rule of const-uctio to the effect that anv ambit=uitie,
are to be resolved against the drafting party must not be em loved in the interpretation of this
Agreement or anv amendments or exhibits hereto.
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8.1 1. Fiscal Funding Out.
If. for any reason. at any time during the Initial Term and array 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 following delivery by City to Conservator of written notice of CiWs 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.
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 h1ana<rer of changes in address.
8.14. Survivi1l1_1 Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal
incapacity of Conservator.
8.15. Right to Audit.
Conservator a"rees that City will have the riaht to audit the financial and business records of
ConserAator that relate to the Services at any time during the Initial Term and any Renewal Terms
of this Aareement and for three (3) years thereafter in order to determine compliance with this
A('reement Throughout the Initial Term and any Rene��al Terms of this Agreement and for three
(�) years thereafter. Conservator shall make all Records available to City on ?00 Texas Street.
Fort Worth. Texas or at another location in CitA acceptable to both parties follovA ing reasonable
advance notice by City and shall otherAAise cooperate fully with City during aM audit.
Conservator shall require all of its subcontractors to include in their subcontracts a right to audit
in favor of City in substantialk the same form as above.
8.16. Certified MBE'WBE.
If applicable. Conservator is encouraoed to make its best effort to become a certified Nlinorit�
Business Enterprise (MBE) or Woman Business Enterprise (WBE) firm ANith a certifying agencA
v. hose certification is accepted by the Cit\, under the City's Business Mersity Enterprise
Ordinance.
8.17. Counterparts and Electronic Signatures.
This Agreement way be executed in several counterparts. each of which vgill be deemed an
ori;inal. but all of which touether will constitute one and the same insth-tnnent. A signature
Aerecment fm Prolesswnal Scn ices wth NLLX, L0,12C fine:Acts CUnSCCv[pion Lahomton_Inc of I
Execution Copv 10 17 I1)
received via facsimile or electronically via email shall be as Iq,,ally binding For all purposes as an
original signature.
8.18. Time Extensions.
The Parties may agree, in writing, to extend or nlodity 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 employees and if this Agreement is
for 5100,000 or more. Conservator acknowledges that in accordance with Chapter 2?70 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 vv ritten verification from the company that it: (I)
does not hoycott Israel: and (2) will not boycott Israel during the Initial Term and any Renewal
Terms of the A-reenlent. The terms bOyCOTt Israel' and " ompany shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Gov rnment Code. If applicable under
this Aureement and Conservator is considered a "company." by signing this Agreement,
Conservator certifies that Conservator's signattu•e provides *ritten verifieutio►t to the City that
Conservator: (1) does not bo},eott Israel, and (2) will not boycott Israel during the Initial Term
or any Renewal Terms of'the Agreement.
ARTICLE 9
NOTICES
All notices, requests, demands, and other communications vyhich are required or permitted to be riven
Under this Aureement shall be In Al -itim, and shall be deemed to have been dUIN "ken upon the deliV CIA
or receipt thereof, as the case nlay be. if delivered personally or sent hi registered or certified mail. return
receipt requested, postage prepaid, as fbllovys:
1. CITY OF FORT WORTH: Dana Burghdoff, Interim Assi tart City Manager
Cite Manager's Office
City oFFort Worth
200 Texas Street. Third Floor
Fort Worth, Texas 76102
Copies to: Sara Fullenvv ider. Cit} Attorn I}
office of the CitN Attorne"
Cit\ of Fort Worth
200 Texas Street. Fhird Floor
Fort Worth. Texas 76102
\�reemenl fix Pm Ies,tonal tics ice,with;M,:K t, I fine Arts C,mser,ation t..th�,rtto r. Inc I,)ur Ir,
L\ec Lit u,n Copy I I 1 17 1`t
Martha Peters, Director of Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
2. CONSERVATOR Robert Lodge,President
McKay Lodge Fine Arts Conservation Laboratory, Inc.
10915 Pyle Road
Oberlin, OH 44074
IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH �777
by:
- 9&4LkA Dana Burghd Robert Lodge
Interim sista]�t City Manager President
Date: 1 f) e,8' 1 I Date: 0G70 0/9
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
fort monitoring and administration of this contract, including
e ur g all performance and reporting requirements.
PCuCnci1VFort
blic Art Collection Manager
Worth&Tarrant County
S TO FORM
y��Z
Jessica Sang ang
Sr. Assistant City Attorney
✓'' ..............
ATTEa D BY. Gfi
M J. ay .i
City Secretary
Contract Authorization:
Form 1295: N/A
M&C N/A L*F�,'QAL RECORD
CITY SECRETARY"
FT. WORTH,7X
Agreement for Professional Services with McKay Lodge Fine Arts Conservation Laboratory,Inc. 11 of 16
Execution Copy 10/17/19
Martha Peters, Director of Public Art
Arts Council of Fort Worth& Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. CONSERVATOR Robert Lodge, President
McKay Lodge Fine Arts Conservation Laboraory, Inc.
10915 Pyle Road
Oberlin, OH 44074
IN WITNESS HEREOF,the Parties hereto have executed this A/OR
ive as of the
Effective Date.
CITY OF FORT WORTH CONS
by:
Dana Burghdoff Rob t Lodge
Interim Assistant City Manager Pr _.Ident
Date: ate:
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that 1 am the person r ponsible
for the monitoring and administration of this co tract. including
ensuring all performance and reporting requir ments.
Jennifer Conn, Public Art Collection M nager
Arts Council of Fort Worth& Tarran ounty
APPROVED AS TO FORM
AND LEGALITY:
Jessica Sangsvang
Sr. Assistant City Attor ey
ATTESTED BY:
Mary J. Kayser
City Secreta
Contract uthorization:
Form 1295 N/A
M&C N/A
Agreement for Professional Services with McKay Lodge Fine Arts Conservation Laboratory,Inc I I of 16
ExecutionCop� 10/17/19
Exhibit A
Conservator's Rate Sheet
FEE SCHEDULE
In effect January 1,2019—December 31,2019
HOURLY RATES
(For all proposed administration,travel,necessary research,treatments)
Conservators: $108.00
Assistants: $74.00
MATERIALS
Materials are estimated and proposed at cost to the company(including shipping)and are offered
without markup.
TRAVEL-RELATED EXPENSES
Travel-related expenses for hotels,meals,Incidentals and mileage are priced In accordance with GSA
rates in effect and for the geographic area. The only exceptior is:use of our 1-ton cargo van is priced
for 2019 at 50.88/mile.
SUBCONTRACTS
Work performed under subcontract to the company is marked up 10%for subcontract administration
and 10%for profR.
Agreement for Professional Services with McKay Lodge Fine Arts Conservation Laboratory,Inc 12 of 16
Execution Copy 10/17/19 f
i1
r
Exhibit B
Sales Tax Exemption
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Name of pu'dum.am"or sow"
City of Fort Worth,Texas
AddMW(Sbaera:numbs,P.O.Box or Route number} Phone(Aron Code andnumbeq
200 Texas Street S17-M4360
cv,staro.Zip code
Fort Worth,Texas 76102
I,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:
Seger. AN Vendors
Street address: C 1y,State,ZIP code: _
Description of items to be purchased or on the attached order or invoice:
All items. Purchaser admowledges that this Certificate cannot be used for the purchase,lease or rental of a motor
vehiam
Purchaser claims this exemption for the following reason:
MunicipelN]t,Govemmental Emily
I understand thal 1 will be liable for payment of all staae and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code andlor all applicaMe law.
lundersW)d&WitisscrL*Wc fwmtoghwanexomptlahserSlicatetofheseperfortaxablagemsUWIknow;atthe timeofpurd+ese,
wldbeusedinsnmm rodwrthantlratexpressedinguscwWcate,enddepeniftonthoemowMoftmevader4fheolRensemayrange
fiom a Class C misdemeanor to a felony of the second degree.
PvnYarer Role Dale
sign Finance Director/CFO SANS 1'Jjj 2d/(3
heref.
NOTE: This cernHcate cannot be Issued for the tom,use,or rental of a motor vehicle.
TN/S CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax'Exemptlon Numbers`or Tax FxempC Numbers do not exisL
This certlllcaft should be furnished to the supplier.
Do=swull the completed certificate to the Comptroller of Pubiic AxcourthL
Agreement for Professional Services with McKay Lodge Fine Arts Conservation Laboratory,Inc 13 of 16
Execution CoPe 10/17/19
Exhibit C
Affidavit of Bills Paid)
AFFIDAVIT OF BILLS PAID
Date:
Aftiant(Conservator):
Purchaser(City of Fort Worth):
Propert} (Arth,vork Site):
Aftiant on oath swears that the follmA ing statement is true:
Aftiant has paid each of Affiant's contractors, laborers. and materialmen in full for all labor and materials
provided to Aftiant for the construction of any and all improvements oh the property. Aftiant is not
indebted to an,, person, firm. or corporation by reason of anA such con trUCtlon. 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 aLithOrily. on this the
da% of ?0
Notary Public, State of Texas
Print Name
Commission Fxpires
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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 subconhactor(s) to abide by all of the following insurance requirements.
Commercial General Liability (CGL)
$1,000,000 Each occurrence
$21,000.000 Ak'aregate 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.
Bailee's/Property (if applicable)
The inland marine policy shall provide per occurrence eoveraLle at replacement cost value hased on the
latest appraised value ofthe 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 Bodilw Injury per person
$�00.000 Bodily lnjury per occurrence
$100,000 Property Damage
A commercial business policy shall provide eoveraLle on "Any Auto." defined as autos owned, hired and
non-ovv tied.
For the Conservator and/or the Conservator's Subcontractors who hay e employees: Workers'
Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$1 WOW Disease - per each employee
$�00,000 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.).
Aereement fol hotesion,ll sen iccs Guth NLKa" Lodge l,uie.Arts conser�ahon L"al,oiatoiN Inc I;of Io
t.vrc Lit u"n Cnp\ I 17 1Q
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 liabilit,' policies. Exception... the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Conservator is responsible for providing the City a thirty day (30) notice of cancellation or non-renewal
of any insurance policy and ntay not change the terms and conditions of am policy that would limit the
scope or co%crage, or otherw ise alter or disallo%% 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 licensedapproved to do business in the State
of Texas. The insurers tier all policies must be licensed/approved to do business in the State of Texas.
'I he insurers for all policies must be licensed/approved to do bUSilleSS in the State of Texas. All insurers
must ha%e a minimum rating of A- VIl in the current A. M. Best I'+ 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 limit, an Umbrella or Excess LiabilitA
insurance for any differences is required. Excess Liability shall follovjd form of the primary eoyerage.
Unless otherwise stated, all required insurance shall be written on an '�occurrence basis."
The deductible or self insured retention (SIR) affecting required incur lice coverafe shall be acceptable to
and approved in writing bA the Risk Manager of City of Fort ` orth in regards to asset value and
stockholders' equity. In lieu of traditional insurance. alternative coverage maintained through insurance
pools or risk retention groups. nutst also approA ed by C itA's Risk Manager.
City. at its sole discretion. reserves the right to review the insurance r quirements and to make reasonable
adjustments to insurance covera"es and their limits when deemed n cessary and prudent by City based
Upon Chang es 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 day s.
CitA shall be entitled. upon request and without expense, to receive copies of policies and endorsements
thereto and rn ay make any reasonable requests for deletion or revision or modifications of particular
policy terms, conditions. limitations, or exclusions except where poli , provisions are established by law
or regulations hindin�, upon either of party or the waderwriter on any uch policies.
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