Loading...
HomeMy WebLinkAboutContract 41922 (2)CITY SECRETARY A C T N°1-SLICAnath- a AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF FORT WORTH AND MCKAY LODGE FINE ARTS CONSERVATION LABORATORY, INC. This AGREEMENT ("Agreement") is entered into this ifl day of 3 2011 (the "Effective Date"), by and between THE CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and McKay Lodge Fine Arts Conservation Laboratory, Inc., an Ohio Corporation, (the "Contractor") acting by and through Robert G. Lodge, its President. 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. WHEREAS, the City established the Fort Worth Public Art program ("FWPA") on October 22, 2001 (Ordinance #14794), which provides for administration of the Fort Worth Public Art Collection; WHEREAS, the City has established a Public Art Conservation Fund (M&C G-15185) to insure proper stewardship of the City's growing public art collection; WHEREAS, members of the Fort Worth Public Art Collection situated on the Will Rogers Memorial Complex Exhibition Barns (the "Site"), a series of six ceramic tile friezes depicting livestock, which is more particularly described in Exhibit "A," (the "Artworks") are owned by the City; WHEREAS, the City is in need of professional services to assess the condition of the Artworks and determine the potential conservation treatments and costs associated with conservation so that the City can maintain the value, integrity, and authenticity of the Artworks; WHEREAS, the City and the Contractor desire to enter into a contract to have such services provided that benefit the Fort ;� ction. CITY SECRETARY FE WORTH, t,, Page 1 of 20 NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: ARTICLE 1 SPRVICES 1.1 Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all services and deliverables described in Exhibit `B," attached hereto and incorporated herein for all purposes incident to this Agreement ("Services"). The Services are being performed in connection with the following city -owned property: Will Rogers Memorial Complex, 3401 West Lancaster Avenue, Fort Worth, TX 76107. Upon execution of the contract, contractor shall provide Contract Manager with a schedule for completion of services. 1.2. The Contractor is responsible for obtaining all necessary permits All permit fees shall be waived by the City of Fort Worth. 1.3 The Contractor shall provide all supplies, materials, and equipment necessary to provide deliverables detailed in Exhibit "B," attached hereto and incorporated herein by reference. 1.4 The Contractor will commence Services upon a notice to proceed from the City via email, facsimile transmission, or hand delivery ("Notice to Proceed") on dates and at times mutually agreed upon by the Contractor and the City. 1.5 Upon request by the Contractor, the City shall promptly furnish all information, historic materials, and assistance required to the Contractor to the extent that such materials and assistance are available. 1.6 The Contractor shall notify the City, through its Contract Manager, in writing, if there are any reasons necessary for changes in scope or of any reasonable issues of concern, including, but not limited to, safety to the Artworks or the public. 1.7 The City shall have the right to request of the Contractor a written progress report detailing the progress made toward completion of the Services. The City shall make this request in writing, and the Contractor shall provide the written progress report within thirty (30) days after receiving the City's written request, unless the parties agree otherwise. 1.8 The Contractor, individually and through its subcontractors, shall take all necessary precautions to protect and preserve the integrity of the Site and the Artworks while providing Page 2 of 20 Services. The Contractor shall promptly repair to a condition acceptable to the City any damage caused by the Contractor or its employees, agents, or subcontractors. ARTICLE 2 TERM & TERMINATION 2.1 Term. The term of 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 the City determines the Services are complete, or on September 30, 2011, whichever comes first. The Parties can, by mutual written agreement, extend or modify the term of this Agreement, as necessary. 2.2 Termination. Either party may cancel this Agreement at any time and for any reason and without penalty 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 Term, the City shall pay the Contractor only for Services actually rendered as of the effective date of termination 2.3 In the event of termination of the Agreement prior to completion of the Services, regardless of the reason for such termination, the Contractor shall immediately assign to the City those contracts relative to the Services entered into between the Contractor and subcontractor 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 Contractor from and after the date of such assignment and acceptance by the City will constitute a debt between the Contractor and the affected subcontractor, and the City will in no way be deemed liable for such sums. The Contractor shall include in all agreements or contracts entered into with subcontractors a provision providing for the foregoing. ARTICLE 3 FEE 3.1 The City shall pay the Contractor a fee of EIGHTEEN THOUSAND SEVEN HUNDRED EIGHTY DOLLARS AND NO CENTS ($18.780.00) in accordance with the Contractor's Fee proposal (the "Proposal") set forth in Exhibit "C," attached hereto and incorporated herein by reference. Page 3 of 20 3.2 Services outlined in this Agreement are based on hourly rates in accordance with Contractor's staff rate schedule as included in the Proposal, 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, of EIGHTEEN THOUSAND SEVEN HUNDRED EIGHTY DOLLARS AND NO CENTS ($18,780.00). 3.3 Additional services, supplies, rentals, or deliverables not specifically listed in Exhibit "B" must be approved in writing in advance of performance, and the Contractor will be compensated for any such additional services in accordance with the hourly rate and unit price set forth in Exhibit "C." 3.4 The Fee shall be compensation for all Services. 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 the month. 3.5 Payment shall be made within thirty (30) days of the City's receipt of the Contractor's invoice in accordance with this Agreement. 3.6 The City is a 501 (c)(3) non-profit, a tax-exempt organization, and no state or local sales taxes or federal excise taxes shall be due or collected. The City shall provide the Contractor a "Texas Sales Tax and Local Sales Tax Exemption Certificate" in substantially the same form as that attached and incorporated herein as Exhibit "D" for use in acquiring materials and supplies as necessary to complete Services. 3.7 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. 3.8 The Contractor shall make timely payments to all persons and entities supplying labor, materials, or equipment for the perfon nance of this Agreement. THE CONTRACTOR SHALL DEFEND AND INDEMNIFY THE CITY FROM ANY CLAIMS OR LIABILITY ARISING OUT OF THE CONTRACTOR'S FAILURE TO MAKE PAYMENTS. 3.9 The Contractor shall furnish the City an affidavit, attached hereto as Exhibit "E" (the "Affidavit"), certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. Page 4 of 20 ARTICLE 4 INDEPENDENT CONTRACTOR 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, subcontractors, and program participants. The doctrine of respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, 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 subcontractors of Contractor is in the paid service of City. ARTICLE 5 INDEMNIFICATION 5.1 THE CONTRACTOR COVENANTS AND AGREES TO 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 OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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, ACTIVITIES, AND SERVICES DESCRIBED HEREIN; AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE CITY AND ITS REPRESENTATIVES, OFFICERS, 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. THE CONTRACTOR LIKEWISE COVENANTS AND Page 5 of 20 AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS 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 CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. 5.2 THE CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS REPRESENTATIVES, AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY THE CONTRACTOR IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. 5.3 The Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of the City in substantially the same form as above. 5.4 This Section 5 shall survive the expiration or termination of this Agreement. ARTICLE 6 INSURANCE 6.1 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 ` F" as well as any and all other public risks related to the Contractor's performance of its obligations under this Agreement 6.2 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 7 PROFESSIONAL STANDARDS &WARRANTIES 7.1 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, Page 6 of 20 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. 7.2 The Contractor acknowledges and agrees that any and all information (in whatever fonu) 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 Arts Council and/or the City. The Contractor agrees to maintain in confidence and to refrain, directly or indirectly, from copying, using, transferring, disclosing, or exploiting in any manner any such confidential information during the term of this Agreement and following termination thereof, for any reason. 7.3 The Contractor, or 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 prior written approval of the Arts Council or the City. ARTICLE 8 MISCELLANEOUS 8.1. Compliance. The Contractor shall comply with all Federal, State, and City statutes, ordinances, and regulations applicable to the performance of the Contractor's services under this Agreement. 8.2. 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. 8.3. 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. 8.4. 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 Page 7 of 20 acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 8.5. 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. 8.6. 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 the City and the Contractor and their respective successors and permitted assigns. 8.7. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and the Contractor, and any lawful successor or assign and are not intended to create any rights, contractual or otherwise, to any other person or entity. 8.8 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. 8.9. Force Maieure. It is expressly understood and agreed by the parties to this Agreement that, if the perfou nance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences, fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. Page 8 of 20 8.10. 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. 8.11. 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 the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to the Contractor of written notice of the 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. 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 . Contractor's Address. The Contractor shall notify the Contract Manager of changes in address. 8.14. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Contractor. 8.16. Right to Audit. The Contractor agrees that the City will have the right to audit the financial and business records of the the Contractor that relate to the Works (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, the Contractor shall make all Records available to the City at 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 8.16 shall survive expiration or earlier termination of this Agreement Page 9 of 20 8.18 Survival Provision The provisions contained in Articles 4, 5, and 7 shall survive the termination or expiration of this Agreement. 8.19 Authority Each party covenants with the other that it has full power and authority to enter into and perform its obligations under this Agreement and the persons executing this Agreement on their behalf are duly authorized to do so by all requisite action. 8.20 Public Information Act The Contractor understands and acknowledges that the City is a public entity under the laws of the State of Texas and as such, all documents held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. The Contractor shall clearly indicate to the City what information it deems proprietary. If the City is required to disclose any documents that may reveal any the Contractor's Proprietary Information to third parties under the Texas Government Code or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, the City will notify the Contractor prior to disclosure of such documents, and give the Contractor the opportunity to submit reasons for objections to disclosure. The City agrees to restrict access to the Contractor's information to those persons within its organization who have a need to know for purposes of management of this Agreement. The City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. The City will use its best efforts to secure and protect the Contractor's information in the same manner and to the same degree it protects its own proprietary information; however, the City does not guarantee that any information deemed proprietary by the Contractor will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. ARTICLE 9 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: Page 10 of 20 CITY OF FORT WORTH: Copies to: CONTRACTOR: Fernando Costa, Assistant City Manager City Manager s Office City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Sarah Fullenwider, City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Martha Peters, VP -Public Art Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 Robert G Lodge, President McKay Lodge Fine Arts Conservation Laboratory, Inc. 10915 Pyle Road Oberlin, OH 44074 [SIGNATURES ON THE FOLLOWING PAGE] Page 11 of 20 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the Effective Date. CITY OF FORT WORTH dcressas.4 A by: Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler F. Wal ach Assistant City Attorney ATTESTED BY: itnia eC it «art)/'Hendrix ty Secretary J Contract Authorization: No M&C Required MCKAY LODGE FINE ARTS CONSERVATION LABORATORY, INC. 0t3 �w a iseO000Isla 4111314%1311> men President Lodge OFFICIAL RECO R© CITY SECRETARY . T'i1G !NORIA TR �r I Page 12 of 20 EXHIBIT "A" DESCRIPTION 'Nogg gurattirif. r ■ neginissaim virt7 Irt%Mr NM Alai& 11111116Zoill 1.141111111. Kenneth Gale, 1945 Exhibition Barn Friezes (3 of 6 shown) Ceramic Tile Six ceramic tile friezes sited on the south -facing entrance archways on Burnett/Tandy Drive. Burnett/Tandy Drive is located at the south border of the Will Rogers Memorial Complex, 3401 West Lancaster, Fort Worth, Texas 76107 Page 13 of 20 EXHIBIT "B" SCOPE A. Conduct a site visit to review and document the visible condition of six (6) ceramic friezes owned by the City of Fort Worth and sited at the Will Rogers Memorial Complex, assumed to be designed by Kenneth Gale and fabricated by the Mosaic Tile Company of Zanesville, Ohio. B. Provide a written History supported by information provided by Fort Worth Public Art and the City of Fort Worth including: a. history of the site; and b. history of the artworks. C. Prepare a written Condition Assessment for each frieze, including information that describes the general location of the Artworks visible conditions of the area of attachment, and the sunounding environment, and: a. describe the present condition of the artwork noting any reasons which have contributed to the alteration or deterioration of the artwork or negatively impacted any aspect of the artwork; b. note previous conservation or restoration efforts; c. document current conditions and provide digital files; and d. evaluate materials and support materials utilizing laboratory testing as needed. D. Prepare a recommended Proposal Treatment for each artwork, if treatment is required, describing all methods and materials determined to be appropriate for each artwork and maintaining a system designed towards: a. preserving the artistic intent and sculptural integrity of each artwork; b. determining the structural stability and safety of the artwork; and c. minimizing impact on the pubic. E. Prepare a detailed estimate for Conservation Treatment including: a. a timeline (estimated duration of treatment); b. cost (including fees materials, documentation, research, analysis); c. phases of work (if applicable); d. removal or refitting costs; and e. access requirements (equipments rentals). F. Plan and Prepare recommendations for Ongoing Maintenance and Conservation Requirements, noting any and all steps necessary for the continuing well being of the Artworks including monitoring as required. Page 14 of 20 hXHIBIT "C" CONTRACTOR S PROPOSAL elcKay Loclye Fine' At is Conservation I]rin, 4Hl BILLING NAME I t ,.>.tlr 111, rl di,;r I:, ti PROJECT 1 PRUJEC r RECORD NA Ali EIS I OR PROJECT IDENTIFICATION I 17. -, IIll! 11ttr. GOV. CONTRACT NO. GOV, ORDER/1 ASK NO DESCRIER ION tI I It r',. \','1I 111 II tl I Ir r'v I'I I rt : II III1x11111 rlirr!r r ,lr,r, 11111 Inmr n r.hl avA1 a ul :run 1: DATE PROPOSAL NO 1 rr ri1111.r rr 111" it 1111 r tur16.1k Li I : t . (r„r : I111r1: ...I: Hill, hive 1.111 41211 L n, r,L I,. t r. r t 1r.111 . I rl: I r .111'I, rr.l q'Idr, d un r FITLt; OR PROJECT IDENI IFICATION 2: DEADLINE IASK CITY TASK STATE O1Y RATE 7 -r rt 11 :I, t,nll rt r:1 nr ,1 rrirtl rr LI: rtr ttlrl r 171i ittt.rrr.,rt - r, 1771., t' "Itr, liar. 11‘r',,, .tuts irr, : : .. Ik k�l \1111 Itr }t It •I '.Ir:1 . I Itl t,l \ \ it"II MESSAGE: 1.1 1' 1 1 r i r,l, 'pm tr fir TOTAL Page 15 of 20 EXHIBIT "C" Mc Ka Lodge Erne At Is Conservation Labotatorv. Inc. •.' 1P n. 0 Ls In: 13ILL.IrJG NAME i. ,II to\t•,•1 In sir !III' "I' \ .::,.. 1111 litAll ,:w.r uvanro: t un I. PROJECT Ni).: PROJEC r RECORD NAME AR HST OR PROJECT IDENTIFICATION 1 GOV CONTRACT NO GOV, ORDER/TASK NO. DESCRIP ION tit.:llt I rI,I II r.•.\tl I:II \II III MESSAGE: DATE PROPOSAL NO, n, :uw 6:.c n • sr I ii, ssrsis :.m 1:ss ,1: 1, Ili; ::nh f 1 ii: 1 : WI 11.:0 I,: t:: :.I: t. I, . t:; Is 1st Iris :1 1.4 tr,,Ik.i 1 .1t T11LE OR PROJECT IDENTIFICATION 2: DEADLINE TASK CITY TASK STATE O1v RATE TOTAL s its 1s III Is IS.:SWIM) 1 Page 16 of 20 ►�XHIBIT "D" TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE, TEXAS CERTIFICATE OF EXEMPTION I 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. Description of Items (or an attached order or Invoice) To Be Purchased: I claim this exemption for the following reason: Name of Exempt Organization: CITY OF FORT WORTH, TEXAS TEXAS SALES AND USE TAX PERMIT NUMBER 1-75-6000528-6 Project for which matenals and supplies are purchased: I understand that I will be liable for payment of sales tax, which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which 1 know, at the time of the purchase, will be used in a manner other than that expensed in this certificate and, upon conviction, may be fined up to $500 per offense. Tax Exempt Status Due to Heine a Governmental Entity Purchaser: CITY OF FORT WORTH, TEXAS Street Address: 1000 THROCKI4IORTON STREET City, State, Zip Code: FORT WORTH, TEXAS 76102 Sign Here: s Director Date: June 1 I, 2009 Phone: 817-392-8517 This certificate does not require a number to be valid. Sales and use tax "exemption numbers" or' tax exempt" numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Page 17 of 20 AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Exhibit E: Affidavit 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: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of , 2011. Notary Public, State of Texas Print Name Commission Expires Page 18 of 20 Exhibit F: 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 Thirty (30) days notice of cancellation or non -renewal. Page 19 of 20 Example: "This insurance shall not be cancelled or non -renewed, until after thirty (30) days prior written notice has been given to City of Fort Worth, except for ten (10) days notice for non- payment of premium." Waiver of rights of recovery (subrogation) in favor of City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of A- 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 font of the primary coverage. "Unless otherwise stated, all requited insurance shall be written on an "occurrence basis." (If coverage is written 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 City shall evidence such insurance coverage.) 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 mnety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any seasonable 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. Page 20 of 20