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Home My WebLink AboutContract 62787CSC No. 62787 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MCKAY LODGE FINE ARTS CONSERVATION LABORATORY, INC. This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through Jesica McEachem, its duly authorized Assistant City Manager, and MCKAY LODGE FINE ARTS CONSERVATION LABORATORY, INC. ("Conservator"), an Ohio Corporation, acting by and through Jim Gwinner, its Vice President, located at 10915 Pyle Road, Oberlin, OH, 44074, each individually referred to as a "party" and collectively referred to as the "parties." The City has designated the Arts Council of Fort Worth & Tarrant County, Inc. D/B/A Arts Fort Worth ("Contract Manager") to manage this Agreement on the City's behalf. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of Artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the Artistic design of public spaces; WHEREAS, City provides oversight and funding for Collection Management to maintain and repair artworks in the Fort Worth Public Art Collection; WHEREAS, City owns a series of historic hand-glazed ceramic murals featuring farm animals and pastoral scenes ("Artwork") installed on parapets of six livestock exhibition buildings at the Will Rogers Memorial Center located at 3400 Burnett Tandy Dr., Fort Worth, Texas 76107; WHEREAS, in 2011 the Contractor was selected through a request for qualifications process to provide consultation professional and conservation services to assist in maintaining the value, integrity, and authenticity of the Fort Worth Public Art Collection and provided a comprehensive assessment revealing extensive damage to the Artwork caused by moisture penetrating the roofing membrane and causing tile surfaces to delaminate; WHEREAS, restoration of the Artwork has been contingent on repairs to the roofs during major renovation of the historic barns and Cattle Barns 1 and 2 were completed in 2019 and Cattle Barn 1 and 2 murals were restored the same year; WHEREAS, the City has completed restoration of the remaining historic barns and wishes the Contractor to complete restoration of the associated murals; and WHEREAS, City and Contractor now wish to set out the terms and conditions for restoring and cleaning the murals; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree as follows: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1.This Professional Services Agreement 2.Exhibit A-Contractor's Proposal Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 3. Exhibit B— Texas Sales and Use Tax Exemption Certificate 4. Exhibit C— Afiidavit of Bills Paid All Exhibits referenced above and 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 "Artwork" shall include all six historic hand-glazed ceramic murals installed on parapets of the livestock exhibition buildings at the Will Rogers Memorial Center. The term "Contractor" shall include the Contractor and his officers, agents, employees, representatives, servants, contractors, and subcontractors. The term "City" shall include its offcers, employees, agents, and representatives. The term "Work" shall include all services, materials, supplies, and rentals to provide for the restoration of the Artwork pursuant to this Agreement. 1. SCOPE OF SERVICES. 1.1 Contractor shall perform all services to provide for the restoration of tbe Artwork as detailed and attached herein in Exhibit "A," Contractor's Proposal, which more specifically describes the services to be provided hereunder. 1.2 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 Contractor with the certiiicate for use by Contractor in the fulfillment of this Agreement in substantially the same form as Exhibit "B," Texas Sales and Use Tax Exemption Certificate, which is attached hereto and incorporated herein for all purposes. 1.3 Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. 1.4 Contractor shall provide a comprehensive written report following the completion of the Work. City shall approve any significant changes in the restoration approach prior to the commencement of the restoration, and Contractor will meet and coordinate with and through Contract Manager, City staff, and others as necessary. City may, at its sole discretion, request changes to the restoration approach, and Contractor will submit further information as required. 1.5 Contractor is responsible for all materials, supplies, rentals, and any other items required to complete the Work and shall coordinate the Work implementation schedule with the City and Contract Manager. Restoration activities may not commence until written permission is delivered to Contractor by the City. 1.6 Contractor, individually and through its subcontractors, shall take all necessary precautions to protect and preserve the integrity and finish of the site while providing for the Work. If City determines, in its sole discretion, that Contractor or Contractor's subcontractors have damaged the site, then City shall inform Contractor, in writing, of the damage. Contractor, at its own expense, shall have up to thirty days from receipt of City's written notice to repair the damage to the satisfaction of City. If Contractor fails to repair the damage to the Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy satisfaction of City within thirty days after receipt of the notice, or within the deadline otherwise agreed to by the parties, then City shall have the right to deduct the cost of repairs from any remaining payment due to Contractor under this Agreement, which shall be in addition to any and all other rights and remedies available to City at law or in equity. 1.7 Contractor shall provide to Contract Manager written instructions for appropriate maintenance and preservation of the Artwork in Contractor's final report. Contractor will supply City with all speciiication sheets and warranty information. 1.8 Contractor 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. 1.9 City shall compensate Contractor in full within thirty (30) days after receipt of Contractor's fmal invoice and all deliverables. 2. TERM. This Agreement shall be in effect upon execution by the City and, unless terminated earlier pursuant to the provisions of this Agreement, shall extend until final payment to Contractor by City of any amounts owed under this Agreement. 3. COMPENSATION. 3.1 Total compensation to Contractor pursuant to this Agreement shall be an amount not to exceed SEVENTY-FOUR THOUSAND DOLLARS AND NO CENTS ($74,000.00) which shall constitute full compensation for any and all services to be performed and materials to be furnished by Contractor under this agreement and in accordance with E�iibit "A," Contractor's Proposal, including, but not limited to equipment, rentals, materials and supplies, shipping/mailing, labor, insurance, travel expenses, incidental costs, contingencies, and any other costs to complete the Work. 3.2 A City-held contingency of up to SEVEN THOUSAND FIVE HUNDRED FIFTY-FIVE DOLLARS ($7,555.00) for costs associated with the Work that are incurred by the Contractor due to unknown and unforeseen issues related to the Artwork. Payments out of contingency funds will only be made upon (i) approval, in advance, by the Contract Manager of the additional costs, and (ii) receipt of supporting documentation from the Contractor. Any unused contingency funds shall remain with the City. 3.3 Payment from the City to Contractor shall be made on an invoice basis following receipt of a signed invoice with adequate documentation, all in a form acceptable to the City. Contractor shall not perform any additional services for the City not specified by this Agreement unless City requests and approves in writing the additional costs for services. 4. TERMINATION. 4.1. Convenience. The City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with at least 30 days' written notice of termination. 4.2. Non-a�propriation of Funds. In the event no funds or insufficient funds are appropriated by the Fort Worth City Council in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 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 below, 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 Obli,�ations of the Parties. In the event that this Agreement is terminated prior to its stated expiration, the City shall pay Contractor for services actually rendered up to the effective date of termination, and Contractor shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City information or data as a requirement to perform services hereunder, Contractor shall return all City- provided information or data to the City in a format deemed acceptable to the City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1. Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after this Agreement takes effect, Contractor hereby agrees to immediately make full disclosure to the City in writing. 5.2. Confidential Information. Contractor, 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. Contractor 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. Contractor 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, Contractor 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. 6. RIGHT TO AUDIT. Contractor 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 Contractor involving transactions relating to this Contract at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor 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 Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor 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, Contractor shall have the exclusive right to control the details of its operations and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants, and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein shall be construed as to create a partnership or joint enterprise between City and Contractor. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees, or subcontractors of Contractor. Neither Contractor nor any offcers, agents, servants, employees, or subcontractors of Contractor shall be entitled to any employment beneiits from the City. Contractor 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. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING DEATH, TOANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S) OR OMISSION(S), MALFEASANCE, NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. 8.2. INDEMNIFICATION. CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS), AND PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE ACTS OR OMISSIONS, MALFEASANCE, NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. 8.3. INTELLECTtIAL PROPERTY INDEMNIFICATION — Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trademark, trade secret, or similar property right arising from City's use of software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle, or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and e�penses for any claim or Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Contractor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Contractor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Contractor shall, at its own expense: (a) procure for City the right to continue to use the software and/or documentation; (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives are reasonably available to Contractor, terminate this Agreement and refund all amounts paid to Contractor by City, subsequent to which City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. Contractor 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 Contractor 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 Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee shall be jointly liable for all obligations of the Contractor under this Agreement. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Contractor under this Agreement as such duties and obligations may apply. The Contractor shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Contractor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1. Covera�e 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 En i_� neer. (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 Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 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 with respect to the contracted services. (b) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. At least ten (10) days' notice shall be acceptable in the event of cancellation due to non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 100 Fort Worth Trail, 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- VII 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. Contractor agrees that in the performance of its obligations hereunder it shall 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 City notifies Contractor of any violation of such laws, ordinances, rules, or regulations, Contractor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Contractor, for itself, its personal representatives, assigns, subcontractors, and successors in interest, as part of the consideration herein exchanged, agrees that in the performance of Contractor'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 Contractor, its personal representatives, assigns, subcontractors, or successors in interest, Contractor 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 determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants, or representatives, or (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: Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy To CITY: To CONTRACTOR: City of Fort Worth McKay Lodge Conservation Laboratory, Inc. Attn: Jesica McEachern, Assistant City Manager Jim Gwinner, Vice President 100 Fort Worth Way 10915 Pyle South Amherst Road Fort Worth, TX 76 1 02-63 14 Oberlin, Ohio 44074 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Offce at same address 14. SOLICITATION OF EMPLOYEES. Neither the City nor Contractor 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 contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the other party. 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 City does not waive or surrender any of its governmental powers or immunities by execution of this Agreement. 16. NO WAIVER. The failure of the City or Contractor to insist upon the performance of any term or provision of this Agreement, or failure to exercise any right granted herein, shall not constitute a waiver of the City's or Contractor'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 Contractor 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 law, ordinance, or regulation, acts of God, acts of the public enemy, fires, Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems, or any other similar causes. 20. HEADINGS NOT CONTROLLING. 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 COiTNSEL. The parties acknowledge that each party, and if it so chooses its counsel, have had the opportunity to review and revise this Agreement and that the normal rule of contract 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 the exhibits attached hereto and incorporated herein. 22. AMENDMENTS. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents explicitly incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor, and 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 shall be as legally binding for all purposes as an original signature. 25. WARRANTY OF SERVICES. 25.1 Contractor 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 ofthis warranty section within thirty (30) days from the date that the breach was actually known to City. Upon notice to Contractor, at Contractor's option, Contractor 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 Contractor 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 Contractor, Contractor is responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. 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 Contractor, City shall give written notice to Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 9 Contractor to make or supervise repairs or restorations at a reasonable fee. Contractor shall notify City, in writing, within thirty (30) days after receipt of the notice as to whether Contractor will make or supervise the repairs or restorations. Should Contractor fail to respond within the thirty-day (30) deadline or be unwilling to accept reasonable compensation under the industry standard, City may seek the services of a qualified restorative conservator and maintenance expert. 26. IMMIGRATION AND NATIONALITY ACT. Contractor 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, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all federal and state laws and establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF TffiS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 27. INFORMAL DISPUTE RESOLUTION. Except in the event of termination pursuant to Section 4.2, if either City or Contractor 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, 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. TIME EXTENSIONS. The Parties may mutually agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 10 29. ISRAEL. If Contractor is a company with ten (10) or more full-time employees and this Agreement is for $100,000 or more, Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement Contractor certifes that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreemen� 30. ENERGY COMPANIES. If Contractor is a company with ten (10) or more full-time employees and this Agreement is for $100,000 or more, Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. FIREARMS AND A1VIMLJNITIONS INDUSTRIES. If Contractor is a company with ten (10) or more full-time employees and this Agreement is for $100,000 or more, Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a iirearm entity or firearm trade association. The terms "discriminate," "firearm entity," and "firearm trade association" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 11 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: � Name: Jesica McEachem Title: Assistant City Manager Date: Feb 13, 2025 APPROVAL RECOMMENDED: 1L._ By: MidorlCl�rkJFebIO 202S14:37C[!l Name: Midori Clark Title: Director, Fort Worth Library Department ATTEST: By: C" Jb.o,w, Name: Jannette Goodall Title: City Secretary CONTRACTOR: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. . By: 97'(:_,,, Name: Jennifer Co�Title: Public Art lection Manager Arts Fort Worth APPROVED AS TO FORM AND LEGALITY: By: Tr��&-�im) Name: Trey Qualls Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C:N/A McKay Lodge Fine Arts Conservation Laboratory, ATTEST: By: � Inc. � ��inn� Title: Vice President Date: 2/10/2025 By: Name: Title: ------------+- Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 12 EXHIBIT "A" PROPOSAL McKay Lodge Fine Arts Conservation Laboratory, Inc. 10915 Pyle Road Oberlin, OH 44074 E-Mail: mckaylodge@gmail.com 1Vu6..JNa`11ll LL..�llYI�DIL' ��1�1.�1Cn67�1'996�1V �.a�� vaor,n.-�ii �vai�.�:�. � � i ��riivi i-n.u�i.�,•,w, BILLING NAME - --- � ` �� / Cil� of Fort Worth TRADITIOhAL I\DUSTRIAL C/O Art5 COuOCiI O(FOrth WOrth Aiti'S AIiTS and Tarrant Co.. Inc. 13oU Gcnd� Strcct Fort Wonh.Te�as7Glo7 MOVUMENTAL ARTS PROJECT NO. PROJECT RECORD NAME 2,� �(�� 2� IOU Ft Wonh E�hibition Barns PROPOSAL DATE PROPOSAL NO. 12/I2/2u21 2-i1 �� NropoSals aro linn pna proposal. and �he TUTAI. sho�cn �cill tx �he billed amount unlcs� ahcn�isc ��a�ed m ihc d�xri� ii m. Circumstancc� ihv� can atlict ih� �ov� uf �hc project such as dixoceries of unti�ruen cundi�ioiu �cill be reported a. soun as dixovered nnd nno associated addilional charges ��ill be ne�otialed. Yrop��.al priccs arc t�nlid for 90 dars unlc,s u�hcn+isc indicn�cJ. ARTIST OR PROJECT IDENTIFICATION 1 TITLE OR PROJECT IDENTIFICATION 2 unkno�rn Exhibition Banu Tilc Mumis GOV. CONTRACT NO. GOV. ORDER/TASK NO. TASK CITY TASK STATE Ft Worlh Tc�as DESCRIPTION QTY RATE PROPOSAL FOR RESTORATION W'ORK FOR SIY TILED MURALS AT THE WILL ROGERS MEMORIAL COMPLEY. FT WORTH. TY I'he goal of the treaunent is to clean. assess. siabilize and rcpair the damaged tile�carl: of 6 cenmic lilc murals dccorating thc c�hibil barns locatcd at thc Will Rogcrs Mcmonal Complcs in Fon Wortli. Tc�as. T�co mumis. ti�icd SHEEP and CATT[.E �. arc in a alarming statc and rcquire c�tcnsi�c n:pairs. Thc mural tidcd SW INE nccds cicaning and a small rcpair. Thc mural titicd CATTLE 3 as �ccll as thc I�� o prccioush rcstorcd murals (CATTLE 1 and 2) necd to bc cicaned and ha� c thcir condition �sscsscd. Thc proposal �� as crcaicd bascd on photographs scnt bc Jcnnifcr Conn / Public An Collcction Managcr i Arts Fon Wonh. and includcs all thc costs associatcd �cith thc rcstoration and maintenancc ��ork rcqucslcd. PROJECT MANAGEMENT Thc Icad consc� ator shall bc Marcin Pikus. PA-AIC. I'he projcct shall mquire one Consen ation Assistan� to help cam ou� the s�mcwral stabilization and fills during thc firsi �ccck of ihc projcct. Thc linal Icg of thc projccl (sccond �� cck) shall rcquirc onc Painting Consc�� alor to perfomi thc rcpairs aud inpaint �hc glazc la��cr. MESSAGE: TOTAL DEADLINE TOTAL Page 1 McKay Lodge Fine Arts �� p�� g��p�� Conservation Laboratory, Inc. 10915 Pyle Road II'�� Obedin,OH 44074 i�iioisn�n.�,.i:i... --� . i i�w.�i�i��uu E-Mail mckaylodge@gmail com ` i �� . A� �� f ��_ BILLING NAME Citc of Fon Wortli c;o .4ns Council of Forth Worth and Taaant Co.. Inc. 130o Gcnd� Strcct Fort Worth. Tc�as 761U7 I �s= — �1,� �� ._..__-----. "CRADITIONAL 1\UUSiR1AL ARTS ARTS ht0\CAtE\TAL ARTS PROPOSAL DATE PROPOSAL NO. 12/12/202�1 Z�100 Propo+:il. arc linn pncc pnrywads �wd Ihc 70'!AL sho�cn �cill M thc billed amoum unles. olherni,e,taled in ihe deunpiion. Circums�anccs �ha� can a�lecl Ihe cost �� ihc project such as discoveries of unli�rseen conditions �cill be reported a; .�,�,n .0 di�co��crcd and xm� aswcia�ed additional eharees �vill be negotia�ed. Nroposal prices arc calid �br �i dac. tmlcs, alhcn+i,c indicu�cd_ � PROJECT NO. PROJECT RECORD NAME 2�� 2�1IU0 Fl Woith Echibition Barns ARTIST OR PROJECT IDENTIFICATION 1 TITLE OR PROJECT IDENTIFICATION 2 unkno�� u E.�hibilion Barns'�'ilc Murals GOV. CONTRACT NO. GOV. ORDER/TASK NO. TASK CITY Ft Worlh DESCRIPTION We assmne access to elec[ricin and ��ater (including a garden hose) �� ill be procided. We shall hace n� o scissor lifts rentcd Cor thc duration of thc projcct to �cork simultancoush on 2 murals a� once. LABOR Conscn alor I- Tra� el planning + projccl planning Conscn ator I- Matcnal procurcmcnt and pxking Conscn ator I- Roundtnp tn� cl (�ccckcnd) Assistam - Roundtnp tmccl (�rcckcnd) Conscn ator 2- Roundtrip traccl (�� cckcnd) Consen ator I- Clean tl�e tilc��ark, stabilize. inlcct grout, fill danwged tiles. Assistani - Clcan thc tilc��ork. stabilizc. injcct grout. fill damagcd tilcs Conscnator I- Rccrcatc thc damaged dcsign. rcpaint rcpaircd tilcs Consen ator 2- Recreate thc damaged design. rcpaint rcp�ircd �ilcs SUBTOTALLABOR RENTALS Scissor lifi rental / SUNBELT SUBTOTAL RENT.4LS MESSAGE: Page 2 DEADLINE TASK STATE Tcsas QTY RATE TOTAL I( x 2�1 2�1 z� �l) +u -4() -4U �?i 1111 2.ROII.IIIIT 179.011 I.�IIIII.IIIIT 17i 1111 �.2110.UUT IU�Uo 2.?92.o0"I' i�s�r �.zou.00�r 175110 7.OUO.UI� I' �oauo -t3zu.ou-r 17� UU 7 (l0U.U6i' 17> 110 7.OIIU.011 I� ao.� I �.uo 2 2.37i.i11 �.i�l.11ll a.'� Luu TOTAL Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 14 McKay Lodge Fine Arts �� p�� g��p�� Conservation Laboratory, Inc. 10915 Pyle Road II'�� Obedin,OH 44074 i�iioisn�n.�,.i:i... --� . i i�w.�i�i��uu E-Mail mckaylodge@gmail com ` i �� . A� �� f ��_ BILLING NAME Citc of Fon Wortli c;o .4ns Council of Forth Worth and Taaant Co.. Inc. 130o Gcnd� Strcct Fort Worth. Tc�as 761U7 I �s= — �1,� �� ._..__-----. "CRADITIONAL 1\UUSiR1AL ARTS ARTS ht0\CAtE\TAL ARTS PROPOSAL DATE PROPOSAL NO. 12/12/202�1 Z�100 Propo+:il. arc linn pncc pnrywads �wd Ihc 70'!AL sho�cn �cill M thc billed amoum unles. olherni,e,taled in ihe deunpiion. Circums�anccs �ha� can a�lecl Ihe cost �� ihc project such as discoveries of unli�rseen conditions �cill be reported a; .�,�,n .0 di�co��crcd and xm� aswcia�ed additional eharees �vill be negotia�ed. Nroposal prices arc calid �br �i dac. tmlcs, alhcn+i,c indicu�cd_ � PROJECT NO. PROJECT RECORD NAME 2�� 2�1IU0 Fl Woith Echibition Barns ARTIST OR PROJECT IDENTIFICATION 1 TITLE OR PROJECT IDENTIFICATION 2 DEADLINE unkno�� u E.�hibilion Barns'�'ilc Murals GOV. CONTRACT NO. GOV. ORDER/TASK NO. TASK CITY TASK STATE Ft Wonh Tcsas DESCRIPTION QTY RATE TOTAL M.ATERIALS Allo�cance for materials used in worl:: dctergent - All Surface Cleancr (PROSOCO) Allo��ancc for malcrials uscd in �cork: injcction grout - JAHN M3� (CSP) Allo�eancc for ma(cnals uscd in �+ork: restontion mortar - JAHN M70 �CSP) Alb�cancc for malcnals uscd in �rork: cposc putn - MILLIPUT Allo�cance for malcnals used in �+ork: acniic painl - GOLDEN Allo�cancc for malcnals uscd in �cork: nudiums and � �rnishcs Allo�cancc for malcnals uscd in �cork: c�lcrior tilc groul - MAPEI Allo�cancc for matcrials uscd in �rork: paint bn�shcs Alb�cancc for matcrials uscd in �rork: soh cnts Allo�� ance for materials used in �� ork: disposables � nitrile glo� es. paFxr to�� el. nmsking tape. �h"I�C1ICS.CtC I SUBT07':4L \IA I'ERI:4LS TRAVEL EXPENSES Allo��ance foraidare (three roundtrips CLE-DFW) Accommodations allo�ti ance Othcr diarges - hotel tases Hotcl parking Mcals and incidcntals (per dicros) MESSAGE: Page 3 I I 25 3U � I l� 2 1 3`)ILUO 32n�m a;o �m �� 201N) j11.011 40 1111 20 (10 �!U 110 3 �I I. UU 3 )O.UO"C 32u.UUT �5n.00T I OOO.OUT 6011.I IU'� 2011.I II IT �II.UUT 3U0.00"f 8U.00"f 3 iU.11ll l� 3.'3U.UU 3 Ri I C,U 2.5?�I.RII 2 2 6RR.00 >.376.011 I �FRI1.�R �4811.�1R 13 3a.oU �t2.Uu 2R IIIUJIII 2.R110.011 TOTAL Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 15 McKay Lodge Fine Arts �� p�� g��p�� Conservation Laboratory, Inc. 10915 Pyle Road II'�� Obedin,OH 44074 i�iioisn�n.�,.i:i... --� . i i�w.�i�i��uu E-Mail mckaylodge@gmail com ` i �� . A� �� f ��_ BILLING NAME Citc of Fon Wortli c;o .4ns Council of Forth Worth and Taaant Co.. Inc. 130o Gcnd� Strcct Fort Worth. Tc�as 761U7 I �s= — �1,� �� ._..__-----. "CRADITIONAL 1\UUSiR1AL ARTS ARTS ht0\CAtE\TAL ARTS PROJECT NO. PROJECT RECORD NAME 2�� 2�1IU0 Fl Woith Echibition Barns PROPOSAL DATE PROPOSAL NO. 12/12/202�1 Z�100 Propo+:il. arc linn pncc pnrywads �wd Ihc 70'!AL sho�cn �cill M thc billed amoum unles. olherni,e,taled in ihe deunpiion. Circums�anccs �ha� can a�lecl Ihe cost �� ihc project such as discoveries of unli�rseen conditions �cill be reported a; .�,�,n .0 di�co��crcd and xm� aswcia�ed additional eharees �vill be negotia�ed. Nroposal prices arc calid �br �i dac. tmlcs, alhcn+i,c indicu�cd_ � ARTIST OR PROJECT IDENTIFICATION 1 TITLE OR PROJECT IDENTIFICATION 2 unkno�� u E.�hibilion Barns'�'ilc Murals GOV. CONTRACT NO. GOV. ORDER/TASK NO. TASK CITY TASK STATE Ft Wonh Tcsas DESCRIPTION QTY RATE Personal car mileage reimbursemen[ - 3 roundtrips: Oberlin - Hopkins - Obzdin (3 ��U miles) 1 i0 ll G� Airport parking (CLE) 28 2�.00 Allo�cancc Tor rental car ( I�F da} s) 1 I(17R.28 Loss damage �cai�er (ld dacs �a, $ 2899) 14 2R.99 Supplcmcntal liabilit} protection 14 131� Ta�cs and fccs I di3.39 TRAVELSUBTOTAL REQUIRED SUBMITTALS FED EX CLIN IOOG Final Conscn�ation Rcpon SUBTOTAL REQUIRED SUBMIT'I�ALS Rounding to thc nearest dollar MESSAGE: DEADLINE TOTAL 100.�0 7uo.ull i ms.zxr �lOi.SG I$i.ill d5339 i�.��r, xi l i�}.UU i.}.1111 2d 1 l8 UO 2.83LUu'I' z.xxc�.uu I -0.6� -II.(�} TOTAL Page 4 Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 16 McKay Lodge Fine Arts �� p�� g��p�� Conservation Laboratory, Inc. 10915 Pyle Road II'�� Obedin,OH 44074 i�iioisn�n.�,.i:i... --� . i i�w.�i�i��uu E-Mail mckaylodge@gmail com ` i �� . A� �� f ��_ BILLING NAME Citc of Fon Wortli c;o .4ns Council of Forth Worth and Taaant Co.. Inc. 130o Gcnd� Strcct Fort Worth. Tc�as 761U7 I �s= — �1,� �� ._..__-----. "CRADITIONAL 1\UUSiR1AL ARTS ARTS ht0\CAtE\TAL ARTS PROJECT NO. PROJECT RECORD NAME 2�� 2�1IU0 Fl Woith Echibition Barns PROPOSAL DATE PROPOSAL NO. 12/12/202�1 Z�100 Propo+:il. arc linn pncc pnrywads �wd Ihc 70'!AL sho�cn �cill M thc billed amoum unles. olherni,e,taled in ihe deunpiion. Circums�anccs �ha� can a�lecl Ihe cost �� ihc project such as discoveries of unli�rseen conditions �cill be reported a; .�,�,n .0 di�co��crcd and xm� aswcia�ed additional eharees �vill be negotia�ed. Nroposal prices arc calid �br �i dac. tmlcs, alhcn+i,c indicu�cd_ � ARTIST OR PROJECT IDENTIFICATION 1 TITLE OR PROJECT IDENTIFICATION 2 unkno�� u E.�hibilion Barns'�'ilc Murals GOV. CONTRACT NO. GOV. ORDER/TASK NO. TASK CITY TASK STATE Ft Wonh Tcsas DESCRIPTION QTY RATE PLEASE SIGK BELOW AND RE'i'l:Rh (Kcturn b� Fa� is Acccp�ablel i0 aPPROVE THIS PROPOSAL: SIGNATURL- PRINT NAME. TITL� DATE APPROVED Ta� E�cmpt Oreauliatiou MESSAGE: TOTAL Page 5 DEADLINE TOTAL O.UU II.OD U.1111 sc��.i��.i� Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy ILUU 17 EXHIBIT `B" TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE ,:� ,.>,�,.>� (.�.I :� � Fe. � t w � Texas Sales and Use Tax Exemption Certification This ceRficate dces no; requarn a nttmher to be vafK1 apMw�. w+�«�..y kv oi Fort WoRh. Texas IWO�s�a (Sbesf6Awn0er. v.U. 80� aHa 200 Tezas Street CM. St�1e. tlo code Fo�c wonn, Te:es �s� oz a»sn�sn I, the purzhaser named above, claim an exertiption from payment of sales and use taxes (for the purohase d taxabie items descnbed belaw or on the ariached order or invoice) from: ��. All Vendors Stroet sdOrasr — —CAy, Stele. ZIP code: D�saqbn o1 iUms to De purchassd or on Ms sNad�sd ader a invaos: All items. Purohaser ackrawtedaes that this Certificate cannot be used for the o�x�hase. leese or �rtel oT a rtwbr �ehide. Purchaser dems INs exemptbn (or the lollawng roaeon: Muniapaldy. Govemmental En6ry I u�tend Ihat I wi� be liable fw p�ymen ol ell �tete and local salas a uee tazea whkh may beoort�e due 1a laikre to ca+ipy wi+ Me proviaions ol the Tex Code endlor e11 epplioable tew. I�meersrenernatiflsecrim;v,eroAense rognre enexernpaon oeraacerero Me se�0erlorta�cebbN�msmerrla�ow. �me Evnedp.rnasR wriMbeusedNtamerr►erdherthartfhafexpiessedhtlaaaevtif+cele. enddependmpmtheamoinitdtexeredsd.lheol�enaert+spwrp� Irom a Cless C mrsdernearar to a/elony a✓!he aeoa+d depee. �'in�f.uM n iiM [l�le ��e � �/�! Finanoe DYedodCFO �i! i(I �Q NOTE This oe�tifi�aM wnnot bo issued for ths purdwse, lease, a rental d a mota vetrcie TklS CER7PFfCA TE DOPS NOT REQUIftF A NUMBER TO BE VALAD. Sales and Use Tax'[xemptbn Nurt�bers' a"Taz EzempC MumDen Oo not e�st. This certificate ahould be furnished to fhe suppliar. Do � send the comp�eted ce�cate to the Comptroller oi Publk Accounts. Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 18 EXffiBIT "C" AFFADAVIT OF BILLS PAID Date: Affiant (Contractor): Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's Contractors, labarers, 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 , 2025. Notary Public, State of Texas Print Name Commission Expires Professional Services Agreement between City of Fort Worth and McKay Lodge Fine Arts Conservation Laboratory, Inc. Execution Copy 19