HomeMy WebLinkAboutContract 55020 ITYSECRETARY
CO NTRACA NO. 550ao
44
PROFESSIONAL SERVICES AGREEMENT
BETWEEN OSCAR ALVARADO ENTERPRISES AND THE CITY OF FORT WORTH
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH(the"City"), a home rule municipal corporation situated
in Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Oscar
Alvarado d/b/a Oscar Alvarado Enterprises (the "Artist"), a Sole Proprietorship, located at 1001
Roosevelt Avenue, San Antonio, Texas 78210 and acting by and through Oscar Alvarado its duly
authorized Owner, each individually referred to as a"party"and collectively referred to as the"parties."
City has designated the Arts Council of Fort Worth and Tarrant County, Inc. to manage this Agreement
on its behalf("Contract Manager"). The Contract Manager shall act through its designated Public Art
Collection Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Programs goals are to create an enhanced visual environment for
Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design
work of artists into the development of the City's capital infrastructure improvements, and to promote
tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS, City provides oversight, and funding for Collection Management from the Water&
Sewer Fund for cash-funded capital projects, to maintain and repair artworks created through the
program;
WHEREAS, in 2012 the City commissioned Artist to design, fabricate, and install a ceramic tile
mural titled Service through the Centuries (Artwork), a depiction attached hereto as Exhibit "A" and
incorporated for all purposes incident to this Agreement, at Fire Station 5, located at 850 Irma Street,
Fort Worth, Texas 76104, which was executed under City Secretary Contract (CSC) 43445 (2012
Agreement);
WHEREAS, the stucco backing assembly attached to the CMU wall was prepared to accept the
mural by the City's building contractor and the assembly has now detached from the wall;
WHEREAS, in accordance with section 5.2(d)of the 2012 Agreement, the Artist was approached
by the City to conduct and oversee the repairs necessary to bring the Artwork back to its original state
and permanently affixed to the wall. The Artist has provided a preliminary Service Through the
Centuries Evaluation and Repair Proposal attached hereto as Exhibit "B" and incorporated for all
purposes incident to this Agreement;
WHEREAS, the City and Artist wish to set out the terms and conditions for restoring the mural;
NOW, THEREFORE, the City and Artist for and inconsideration of the covenants and
agreements hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—The Artwork -—-- -
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises C
FINALI2/4/2020 IFY. WOMI J,
Pagel of 26
3. Exhibit B—Service Through the Centuries Evaluation and Repair Proposal
4. Exhibit C—Compensation and Payment Schedule
5. Exhibit D—Texas Sales and Use Tax Exemption Certificate
6. Exhibit E—Affidavit
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In
the event of any conflict between the documents,the terms and conditions of this Agreement shall control.
The term "Artist" shall include the Artist, and his officers, agents, employees, representatives, servants,
Artists or subcontractors.
The term"City"shall include its officers, employees, agents, and representatives.
1. SCOPE OF SERVICES.
1.1. Artist hereby agrees to provide the City with professional services to make repairs to the
artwork as outlined in this section and Exhibit`B"(Service Through the Centuries Evaluation and Repair
Proposal). The Artwork is owned by the City of Fort Worth. As additional work to that set out in Section
1.2 below, and additionally compensated under the same rates set out in Exhibit B, Artist, if requested by
City,will also assist with: a subsequent review of the repairs and corrections if necessary.
1.2. Artist shall travel to Fort Worth to further evaluate existing conditions and finalize a
repair plan based on the methods and materials proposed in the artist's Evaluation and Repair Proposal.
If Artist identifies any significant changes to the Evaluation and Repair Proposal necessary to restore the
Artwork,Artist shall submit a Final Repair Proposal to the Contract Manager for review and approval in
advance of repairs.
1.3. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes
shall be due pursuant to this Agreement. City shall supply Artist with the certificate for use by Artist in the
fulfillment of this Agreement in substantially the same form as Exhibit "D," Texas Sales and Use Tax
Exemption Certificate.
1.4. Additional services, supplies, rentals, or deliverables must be approved in writing in
advance of performance. Artist will only be compensated for any such additional services or reimbursed as
agreed to by the parties.
2. TERM.
This Agreement shall commence upon the date that both the City and Artist have executed this
Agreement ("Effective Date") and end after City makes payment to Artist for all services provided under
this Agreement, unless terminated earlier in accordance with the provisions of this Agreement.
3. COMPENSATION.
The City shall pay Artist an amount not to exceed FOURTEEN THOUSAND DOLLARS AND
NO CENTS($14,000.00) in accordance with the provisions of this Agreement, Exhibit B, and Exhibit C.
If any conflict exists between Exhibit B and Exhibit C, the terms of Exhibit C shall control followed by
Exhibit B. Payment from the City to the Artist shall be made on an invoice basis following receipt of a
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020
Page 2 of 26
signed invoice with adequate documentation provided at submission of invoice, all in form acceptable to
the City. Artist shall not perform any additional services for the City not specified by this Agreement
unless the City requests and approves in writing the additional costs for such services. The City shall not
be liable for any additional expenses of Artist not specified by this Agreement unless the City first
approves such expenses in writing.
4. TERMINATION.
4.1. Convenience. The City or Artist may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2. Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by the City in any fiscal period for any payments due hereunder, City will notify Artist 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 have been appropriated.
4.3. Breach. Subject to Section 27 herein, either party may terminate this Agreement for
breach of duty, obligation or warranty upon exhaustion of all remedies set forth in Section 27.
4.4. Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the expiration date, the City shall pay Artist for services actually rendered up to the effective date of
termination and Artist shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Artist shall provide the City with copies of all completed or partially completed
documents prepared under this Agreement. In the event Artist has received access to City information or
data as a requirement to perform services hereunder, Artist shall return all City provided data to the City in
a format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1. Disclosure of Conflicts. Artist hereby warrants to the City that Artist has made full
disclosure in writing of any existing or potential conflicts of interest related to Artist's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Artist hereby agrees immediately to make full disclosure to the City in writing.
5.2. Confidential Information. Artist, for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by the City as confidential and shall not disclose any such
information to a third party without the prior written approval of the City.
5.3. Unauthorized Access. Artist shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Artist shall notify the City immediately if the security or integrity of any City
information has been compromised or is believed to have been compromised, in which event, Artist shall,
in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with the City to protect
such information from further unauthorized disclosure.
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINALI2/4/2020
Page 3 of 26
6. RIGHT TO AUDIT.
Artist agrees that the City shall, until the expiration of three (3) years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents,papers and records
of the Artist involving transactions relating to this Contract at no additional cost to the City. Artist agrees
that the City shall have access during normal working hours to all necessary Artist facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Artist reasonable advance notice of intended audits.
Artist further agrees to include in all its subcontractor agreements hereunder a provision to the
effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
payment of the subcontract, or the final conclusion of any audit commenced during the said three years
have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the subcontract, and further
that City shall have access during normal working hours to all subcontractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subcontor reasonable notice.of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Artist shall operate as an independent contractor as to
all rights and privileges and work performed under this agreement, and not as agent, representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Artist shall have the exclusive.right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, Artists and
subcontractors. Artist acknowledges that the doctrine of respondent superior shall not apply as between
the City, its officers, agents, servants and employees, and Artist, its officers, agents, employees, servants,
Artists and subcontractors. Artist further agrees that nothing herein shall be construed as the creation of
a partnership or joint enterprise between City and Artist. It is further understood that the City shall in no
way be considered a Co-employer or a Joint employer of Artist or any officers, agents, servants,
employees or subcontractors of Artist. Neither Artist, nor any officers, agents, servants, employees or
subcontractors of Artist shall be entitled to any employment benefits from the City. Artist shall be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents, servants, employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1. LIABILITY. ARTIST SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
ARTIST, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2. INDEMNIFICATION. ARTIST HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020
Page 4 of 26
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS
TO ARTIST'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF ARTIST, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Artist shall not assign or subcontract any of its duties, obligations or rights under this Agreement
without the prior written consent of the City;however, City expressly grants Artist the right to subcontract
engineering services. If the City grants consent to an assignment, the assignee shall execute a written
agreement with the City and the Artist under which the assignee agrees to be bound by the duties and
obligations of Artist under this Agreement. The Artist and Assignee shall be jointly liable for all
obligations of the Artist under this Agreement prior to the effective date of the assignment. If the City
grants consent to a subcontract, the subcontractor shall execute a written agreement with the Artist
referencing this Agreement under which the subcontractor shall agree to be bound by the duties and
obligations of the Artist under this Agreement as such duties and obligations may apply. The Artist shall
provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Artist shall provide the City with certificate(s) of insurance documenting policies of the following
minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this
Agreement:
10.1. Coverage and Limits for Contractor.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.2. Coverage and Limits for Contractor's Subcontracted Engineer.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Professional Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.3. General Requirements.
(a) The commercial general liability and professional liability policies shall name the City as
an additional insured thereon, as its interests may appear. The term City shall include its
employees, officers, officials, agents, and volunteers in respect to the contracted services.
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020
Page 5 of 26
(b) A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage
shall be provided to the City. Ten(10) days notice shall be acceptable in the event of non-payment
of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort
Worth,Texas 76102,with copies to the City Attorney at the same address.
(c) The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VH in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of City's
Risk Management. If the rating is below that required, written approval of City's Risk
Management is required.
(d) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that the Contractor has obtained all required insurance
shall be delivered to the City prior to Contractor proceeding with any work pursuant to this
Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Artist agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Artist of any violation of such laws, ordinances,
rules or regulations, Artist shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Artist, for itself, its personal representatives, assigns, subcontractors and successors in interest, as
part of the consideration herein, agrees that in the performance of Artist's duties and obligations hereunder,
it shall not discriminate in the treatment or employment of any individual or group of individuals on any
basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant
by Artist,its personal representatives, assigns, subcontractors or successors in
interest, Artist agrees to assume such liability and to indemnify and defend the City and hold the City
harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
City of Fort Worth Oscar Alvarado Enterprises
Attn:Fernando Costa,Assistant City Manager Attention Oscar Alvarado
200 Texas St. 1001 Roosevelt Avenue
Fort Worth TX 76102-6311 San Antonio,Texas 78210
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINALI2/4/2020
Page 6 of 26
With Copy to the City Attorney at same address,and
Martha Peters,Director of Public Art
Arts Council of Fort Worth
1300 Gendy Street
Fort Worth TX 76107
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Artist shall, during the term of this Agreement and additionally for a period of
one (1) year after its termination, solicit for employment or employ, whether as employee or independent
Artist, any person who is or has been employed by the other during the term of this Agreement,without the
prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of
employment by either party.
15. GOVERNMENTAL POWERS/IMMUNITIES.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Artist to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Artist's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to 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.
18. 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.
19. FORCE MAJEURE.
The City and Artist 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 the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL 12/4/2020
Page 7 of 26
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the.entire understanding and agreement between the City and
Artist, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument. A signature received via facsimile or,electronically via email shall be as legally binding for all
purposes as an original signature.
25. WARRANTY OF SERVICES.
25.1 Artist warrants that his services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty section within
thirty(30) days from the date that the breach was actually known to City. Upon notice to Artist, at Artist's
option, Artist shall either (a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with this warranty, or (b) refund all fees paid by the City to Artist under this Agreement.
This warranty section shall survive any expiration or termination of this Agreement.
25.2 If, within one year after completion of repairs, City observes any breach
of warranty described in this Article 25 that is not curable by Artist, Artist is responsible for reimbursing
City for damages, expenses, and losses incurred by City as a result of the breach. However, if Artist
disclosed the risk of this breach in the proposal and City accepted that it may occur, it shall not be deemed
a breach for purposes of this Article 25.
25.3 If, after one year from completion of repairs, City observes any breach
of warranty described in this Article 25 that is curable by Artist, City shall give written notice to Artist to
make or supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify
City, in writing, within thirty (30) days after receipt of the notice as to whether Artist will make or
supervise the repairs or restorations. Should Artist fail to respond within the thirty-day(30) deadline or be
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINALI2/4/2020
Page 8 of 26
unwilling to accept reasonable.compensation under the industry standard, City may seek the services of a
qualified restorative conservator and maintenance expert.
26. IMMIGRATION NATIONALITY ACT.
Artist shall verify the identity and employment eligibility of its employees who perform work under
this Agreement,including completing the Employment Eligibility Verification Form(I-9). Upon request by
City, Artist shall provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Artist shall adhere to all Federal and State laws as
well as establish appropriate procedures and controls so that no services will be performed by any Artist
employee who is not legally eligible to perform such services. ARTIST SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE
TO VIOLATIONS OF THIS PARAGRAPH BY ARTIST, ARTIST'S EMPLOYEES,
SUBARTISTS, AGENTS, OR LICENSEES. City, upon written notice to Artist, shall have the right to
immediately terminate this Agreement for violations of this provision by Artist.
27. INFORMAL DISPUTE RESOLUTION.
Except in the event of termination pursuant to Section 4.2,if either City or Artist has a claim,dispute,or
other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this
Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The
disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute,
or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute.
Within ten(10)business days of receipt of the notice, both parties shall commence the resolution process and
make a good faith effort, either through email,mail, phone conference, in person meetings, or other reasonable
means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection
with this Agreement. If the parties fail to resolve the dispute within sixty(60) days of the date of receipt of the
notice of the dispute, then the parties may submit the matter to non-binding mediation in Tarrant County,Texas,
upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration
Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The
mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including
attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot
resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies
available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to
resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue
without delay all of their respective duties and obligations under this Agreement not affected by the dispute.
Either party may, before or during the exercise of the informal dispute resolution process set forth herein,
apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such
relief is necessary to protect its interests.
28. ISRAEL.
If Vendor has fewer than 10 employees or the Agreement is for less than $100,000, this
section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms"boycott
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINALI2/4/2020
Page 9 of 26
Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature
provides written ver f cation to.City that Vendor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
29. TIME EXTENSIONS.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 9iq- day
of DecemAe.- , 2020,
ACCEPTED AND AGREED:
CITY OF FORT WORTH: OSCAR ALVARADO ENTERPRISES
By �� By:
Fernando Costa Oscar varado d/b/a Oscar Alvarado
Assistant City Manager Enterprises, Owner
Date: 1.01,.2o2o Date: December 8, 2020
CONTRACT AUTHORIZATION:
M&C: N/A
APPROVED AS TO FORM AND LEGALITY:
By:
Thomas Royce Hansen
Assistant City Attorney
Form 1295:NA
CONTRACT COMPLIANCE MANAGER:
By signing,I acknowledge that I am the person responsible for the
monitoring and a nistration of this contract,including ensuring
all perfarmv&e and reporting requirements.
Jenni r Co ,Public Art Collection Manager OF F0
Arts oun of Fort Worth
� G V.. O
A*J. ayser,
;p
By:
y. City Secretary
UFRUAL E;dUWRDU ,
COW SECRETOARV
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises4
FINAL12/4/2020
Page 10 of 26
EXHIBIT A
THE ARTWORK
41
F��rfllr i �3 � 1
Service Through the Centuries,2013
Oscar Alvarado
Fire Station 5
850 Irma Street,Fort Worth,Texas 76104
Professional Service Agreement between.City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit A
Page 10 of 26
EXHIBIT B
SERVICE THROUGH THE CENTURIES EVALUATION AND REPAIR PROPOSAL
210-862-1293 1001 Roosevelt Ave.SA,TX 78210 oscartist.com oscar@oscartist.com
OSCAR ALVARADO ENTERPRISES
----- - 'I
A .
\ N � �y f• � pig ...It � {i .,
I \July 17, 2013
*' *;v
I �
t
Current
u conditions
9-22-2020
Service Through the Centuries Evaluation and Repair Proposal
Prepared for:Fort Worth Public Art,City of Fort Worth
Prepared by:Oscar Alvarado,Artist
October 2,2020
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINALI2/4/2020—Exhibit B
Page 10 of 26
210-862-1293 1001 Roosevelt Ave.SA,TX 78210 osc2rtist.copi oscar®oscartist.com
OSCAR ALVARADO ENTERPRISES
SUMMARY
Objective
Determine the best way to restore the mosaic mural to[lie original position and attach to the wall permanently
given existing conciitiorls. Execute plan.
Goals
1. Idonlify Iho oxisting materials methods and conditions.'
2. Research best methods and materials to proceed forward.'
3. Develop restoration solution,methods and materials to be used,mid timeline for restoration process.'
4. Travol to Fort Worth wilh craw to work to muxarlo mstoration plan.
5. Repair mural/secure to wall.
G. Replace removed material,re-grout entire mural.
7. Cloan onfiro mural arid bonchos.
Completed
Evaluations
Tl io st (xA backing assonibly applied to tho CMU wall by tho city s building wnlractor in 2013 has dotachod from
the wall due to improper attachment method and anchors. This assembly had moved off the wall and onto the
ground. The materials used by city contractor for the stucco coat are:
• Expanded flanga easing bead
• Diamond metal lath with felt paper
• Fluted masonry nails. Cause,of failure,improfer anchors,
_ r .
a J u i- - 201 ..
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINALI2/4/2020—Exhibit B
Page 17 of 26
210-862-1293 1001 Roosevelt Ave.SA,TX 78210 oscatGsl.co oscar®oscartist.com
Existing Conditions /Materials
Expanded Flange Coaling Bead
Eapar ttanga dad "01a bond ramrod to a SO'tat OPPff+�ka Do
mrnu,Plasnnm hnbh edgaa and tn,am to,nt,.nzayrfn rg
dss in tot Notdanal.Absorbs rotOvero ot.aaa to oXpunlan and
CpWad OnotptarTated Weaa.rr dad MT;an erp0noed Kongo
j' IM plater kayatg till easy fppll-l—An 66 bsp..MA Hen.
14 Caong Dow is taG!voed trot.26 4auga Iw1a liped gsYanlW
vwaw Am.
-42 fle
4--
f
i ,
f Diamond Metal Lath (Expanded)
P, with "D" Paper
ti
F-
Masonry Nails
)Aaaoray Kars-Tlwae are 6bMlgor than tod),al
nails,Play ato MO*f and hat,60000 In OrOH 10 DAM04 Moat Lkth Won-11,F.D.is a moatalia loan at C.W.D1
porwbata hard0($WaCO$cloth as COTWO10 and pester waas.,ts camNlN Iwarwd aarT kors allow for WOW
ck*r b"ks rnntanknent a1a)k4hti q a dot Waldo Oval tat al tyttas d Wd'Ix.
Can bo usad wan nand shot"whno dpplwd ptaslon I no
eatvlated taatk asyna t Paper uonWYraJ W411 Fede i1 spec NO
UUlf•MA styb 2l'iraW D-ManuWK-il With a 3-MP low
weath#W 41W"llon.COMM meta!Ikd+it Ptod"d Ifom
sslndald 060 lat•c1'l ped fr!ear+zed sleo!,
Current Status as of 09-26-2020
Tho mural has boon mov(xt back up toward its original position and woodon t)icxks worn wodgnd underneath the
metal casing bead Above the concrete slab. Wood and foam damps have been installed to support the mural
back against the wall;all work performed by another contractor as pictured below.
r., f f F
rll
i,�
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit B
Page 18 of 26
210-862-1293 1001 Roosovolt Ave.SA,TX 78210 oscartist CQm oscarCoscartist.com
OSCAR ALVARADO ENTERPRISES
PROPOSAL
Preliminary Recommendations Based on Understood Conditions and Materials
The mural should be reattached to the wall with mechanical fasteners and epoxy adhesive in several areas using
these materials and this procedure:
Materials: W x 1 cK"Stainless steel masonry anchor
1 A"Stainless steel washer
Epoxy anchoring adhesive
General Conditions/prepare job site:Apply protection.material to concrete paving and adjacent areas,
Establish work 7ono with c ones/barrels/c:autton tape. Emc:t shade canopies daily.
Drill holes and add anchors:
• &:gin roattadnnont by drilling a singlo holo at#1 bolow.
• All holas will bo drilled to 5116"diamotor and 2"depth.
• Install stainless steel concrete anchor with stainless steel washer and epoxy adhesive being careful to fasten
into solid areas of the concrete block and into the mortar joints as recommended.
• Installation will be conducted with dust extraction equipment to drill holes and superior concrete epoxy
adhesive to anchor the threads of the masonry fastener(bell and suspenders).
• Each anchor is rated for 527 pounds of allowable shear tension.
• The mural as constructed with mortar,grout,and stucco backing assembly weighs approximately 16 pot Inds
per square fool.
• Continuo drilling and attaching fastenors,ono at a timo,in tho ordor indic:atod bolow.
• Romovo bordor lilos ono at a tirno wing low impact diamond blado cutting tools. Apply fastkator assombly
using the same proc:odure as bofom.
• Repeal the above procedure,one at a time,until the entire mural is anchored with approximately 26 anchor
assemblies.
Idaal bcaGon br nr.,v lasteners at the ped—ter of each scene along the borders
I`
I ,
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit B
Page 19 of 26
210-802-1293 1001 Roosevelt Ave.SA;TX 78210 oscartistcom oscarnoscartist.c:om
OSCAR ALVARADO ENTERPRISES
Replace removed tiles and stone:
• Oil black granite and white marble into desired sties
• Remove material from underside of stone where fasteners are attached
• Install stone and Lilo Into placo using fortified mortar
Remove loose material/clean mural:
• Rornovo looso grout
• Cut cracks to key-in new grout
• Clean entire mural with mild solvent
• Rinse entire mural
• Clear weep holes
Grout:
• Groul all newly repaired areas
• Grout cracks and skim entire mural
Final clean-up:
• Acid wash entire mural
• Remove protection material,cones/barrels/tape
Repair Timeline
Day 1: Install protection material establish work zono,set up shade canopies.
Install fastonor/washor/opoxy assembly anchors in non-tilod areas to draw mural into wall and further
stabklizo mural.
Remove perimeter border stone tiles in designated areas and install fastener/washer/epoxy assembly
anchors to draw into the wall one at a time.
Remove canopies,secure site,
Day 2: Establish work zone,set up shade canopies.
Cut stone into desired sizes,remove A"from the underside of the stone at each boll location.
Set all stone and tile removed in the stabilization process.
Cut micro grooves at cracks from movement,remove all loose particles.
Clean entire mural,rinse.
Remove canopies,locum site,
Day 3: Establish work zone,set up shade canopies.
Grout all now work.
Grout crack grooves.
GrMt/skim entire mural.
Remove canopies,soc:ure site.
Day 4: Allow work to Cure/no work
Day 5: Establish work zone,sot up shade canopies
Acid wash entire mural,rinse,polish.
Remove protection material,rinse concrete
Clean benches.
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020-Exhibit B
Page 20 of 26
210-862-1293 1001 Roosevelt Ave.SA,TX 78210 oscartist.com oscar0oscartist.com
OSCAR ALVARADO ENTERPRISES
Specified materials
trW/Re0Head k 3/a"x 1-3r4"Large Dijmeter Tapc9n 410 Stainless Steel 13LDT-3816,SKU LDTS38134,
Iv1PN:SLDT-3816,UP0:662520005778
1/2"Stainless Flat Finish Washer, 1-1/4"Outside Diameter
Simpson Strong-Tie ET-HP22-N 22oz Epoxy Anchoring Adhesive
ET-HP-
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit B
Page 21 of 26
210-862-1293 1001 Roosevelt Ave.SA,TX 76210 oacaral.com osear®oscartist.com
OSCAR ALVARADO ENTERPRISES
Proposal$
Description,
Price
L-Research methods and materials,develop proposal,administration, 11 $ 100.00 t$1,100.00
order materials: 11 hours
L-Repair/reattach mural,manage project:28 hours 28 j$ 100.00 $2,800.00
L-Crew-2 assistants,repair,assist,silo maintenanco:2811 x 2people 5(5 $ 62.50:$3 5()n.IXl
E-Travel Expense:$167 L<xigir>.1 2 rooms x 5 days each 10 $167.00 $1,670.00
E-Travel Expense:$61 MME 3 people x 5 days 15 $61.(X) $ 915.(0
E-Travel Days:$45.74oa. 3 people x 2 days (i $ 45.74 $ 274.44
E-Mileage:(275m x 2d)+(10m x 5d)_-600n1 x 2 vehicles 1200 miles 1200 $ 0.58:$ 696.00
M-Matoriais and supplies 1 ! $730.00 $ 730.00
F-Insurances 1 $507.50 S; 507.50
Total $12,192.94
Payment Schedule
Description Quantity
Price
Payment It 1:Material,research,and expense deposit-due upon agreement 1 :$6,000.00 $6,000.00
Balance:Due upon completion 1 $6,192.94 $6,1 92.04
Total Contract $12,192.94
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit B
Page 22 of 26
EXHIBIT C
COMPENSATION AND PAYMENT SCHEDULE
1. Compensation.
a. The City shall pay Artist an amount not to exceed FOURTEEN THOUSAND DOLLARS
AND NO CENTS ($14,000.00) for all services performed and materials, including but not
limited to, insurance, incidental costs; contingencies, all travel expenses, and any costs
associated with the repair and in accordance with the provisions of this Agreement. Artist
and City may amend this Agreement to,allow for additional payment if additional services are
required.
b. Services outlined in this Agreement are based on rates in accordance with the Artist's
Evaluation and Repair Proposal
C. Compensation for all of Artist's services performed pursuant to this Agreement shall be made
on an invoice basis supported with documentation at invoicing, with total fee, including, but
not limited to, all reimbursable expenses.
d. Artist will not bill City for tax pursuant to Artist's use of Exhibit D as outlined in section 1.2
of this Agreement.
e. Artist will bill City for all applicable travel and per diem rates based up on the rates set by the
U.S. General Services Administration(GSA)per Fiscal Year and location of services.
f. Any additional expenses not outlined in this Agreement or exhibits incurred by Artist must be
approved in writing by Contract Manager before being added to the invoice submitted to the
City upon completion of services under this Agreement.
2. Payment Schedule.
City agrees to pay Artist in the following installments set forth below, each installment to
represent full and final,non-refundable payment for all services and materials provided prior
to the due date thereof
a. SIX THOUSAND DOLLARS and NO CENTS ($6,000.00)to cover expenses related to
travel and supplies upon execution of Agreement.
b. Up to an amount of SIX THOUSAND, ONE HUNDRED AND NINETY-TWO DOLLARS
AND NINETY-FOUR CENTS ($6,192.94) within thirty-five (35) days after repairs have
been fully completed and approved by the Contract Manager and receipt by City of such
documentation it may require concerning payment of services and materials rendered.
C. The total compensation in Exhibit C La includes payment for any unforeseen changes in the
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit C
Page 24 of 26
approved repairs from a contingency fund in an amount up to ONE THOUSAND EIGHT
HUNDRED AND SEVEN DOLLARS AND SIX CENTS ($1,807.06) for costs associated
with repairs that are incurred by the Artist upon(i) receipt of supporting documentation by
the Contract Manager from the Artist and (ii) approval by the Contract Manager of the
additional costs.
d. Artist shall submit a signed invoice to the City's Contract Manager for payment under this
Agreement within fifteen (15) days of completing services under this Agreement and include
any necessary receipts.
e. City shall compensate Artist in full in thirty (30) days or less after receipt of Artist's final
invoice and all deliverables.
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12J4l2020—Exhibit C
Page 24 of 26
EXHIBIT D
'1X7"Of-139(axwJ
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Narrs of purchaser,firm or agency
City of Fort Worth,Texas
Address(streeta number,P.O.Box or Route number) Phone(Nea code andnumber)
200 Texas Street 817-392.8360
City,state.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:
Seller: All Vendors
Street address: City,State,ZIP code:
Description of items to be purchased or on the attached order or Invoice:
All items. Purchaser acknowledges that this Certificate cannot be used for the purchase,lease or rental of a motor
vehicle.
Purchaser claims this exemption for the following reason:
Municipality,Governmental Entity
I understand that I will be liable for payment of all stale and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
I understandthatitisa criminaloftense to give an exemption certificate tothe sellerfortaxableitemsthat lknow,atthe time ofpurchase,
wilibe usedina mannerotherthan that expressedin this certificate,and depending on the amount oftaxevaded,the offense mayrange
from a Class C misdemeanor to a felony of the second degree.
purchaser Title Date r]
here� i Finance Director/CFO SPt`VW/��r8
NOTE: This certificate cannot be Issued for the purchase,lease,or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REOU/RE 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 M send the completed certificate to the Comptroller of Public Accounts.
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit D
Page 25 of 26
EXHIBIT E
AFFIDAVIT OF BILLS PAID
Date:
Affiant(Artist):
Purchaser(City):
Property:
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's Artists, 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 ;20—.
Notary Public,State of Texas
Print Name
Commission Expires
Professional Service Agreement between City of Fort Worth and Oscar Alvarado Enterprises
FINAL12/4/2020—Exhibit E
Page 26 of 26