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HomeMy WebLinkAboutPleasant Line Corporation; 2015-06-26; PEM1206AMENDMENT NO.1 TO AGREEMENT FOR BRONZE SCULPTURE ANNUAL MAINTENANCE SERVICES PLEASANT LINE CORPORATION PEM1206 /)~.£"A Amendment No. 1 is entered into and effective as of the ~ay of ~~~~f.)t~~ibEiiWeeinttiei5\Y' 2016, amending the agreement dated June 26, 2015 (the "I nt") by and between the City of Carlsbad, a municipal corporation ("City"), and Pleasant e Corporation, a California corporation ("Contractor") (collectively, the "Parties") for annual ronze sculpture maintenance services. RECITALS A. The Parties desire to alter the Agreement to revise the compensation for services performed; and B. The Parties have agreed to the attached fee schedule in Exhibit "A". The total fee payable for the services to be performed is an amount not-to-exceed two thousand five hundred dollars ($2,500) per agreement year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. City will pay Contractor for all work associated with the services as defined in the attached Exhibit "A" on a time and materials basis not-to-exceed two thousand five hundred dollars ($2,500) per agreement year. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. Contractor will complete all work described in Exhibit "A" by June 25, 2020. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill /II Ill Ill Ill /II City Attorney Approved Version 1/30/13 PEM1206 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR PLEASANT LINE CORPORATION, a California corporation Michael Stutz I President (print name/title) B(/~60J (sign here)\ Rachel Bishop I Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Patrick A. Thomas I Pub· Works Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: --LCLh~~""'::~"""-="'"""'-­Deputy City Attorney City Attorney Approved Version 1/30/13 2 PEM1206 EXHIBIT "A" SCOPE OF SERVICES Pleasant Line Corporation (Michael Stutz) designed, manufactured and installed the two bronze sculptures located at the Safety Training Center at 5750 Orion Street, Carlsbad, California 92010. Both statues were installed after construction of the Safety Training Center. Bronze sculptures that are displayed outdoors require certain levels of detailed maintenance to prevent corrosion from a condition called red bronze disease. The two bronze sculptures at the Safety Training Center currently require annual maintenance to mitigate red bronze disease that is starting to form on both sides of the sculptures. The bronze maintenance process takes approximately three (3) days to complete. The following tasks will be completed annually as part of scheduled facility preventative maintenance plan: • The area around sculptures will be taped off and closed to pedestrian traffic. The City will provide signage and will coordinate scheduling of this project to ensure training is not impacted. • Sculptures will be cleaned using fresh water and a bio-degradable citrus cleaner. Contractor will ensure minimum run off of water and will use site specific best management practices to ensure water does not enter the storm water confluence. The City will provide access to water and electricity. • Sculptures will be allowed to dry after cleaning. Areas around the sculptures will be masked off using ground cloths to prevent any debris, oils or polishing compounds from making contact with the memorial bricks surrounding the sculptures. • Red bronze disease spots will be removed using a mild scotch pad where possible. • Stainless sections of the sculptures will be cleaned and polished in areas where bronze leeching has occurred. • The woven bronze materials will be sealed internally and externally with a penetrating oil protectant specifically formulated for use on bronze artwork. The oil pigment will have the same color pigment to reemphasize the original patina colors of the bronze. The oil requires five (5) hours to dry at which time the enhanced sheen and protective coating of the bronze will reappear. Materials Total not-to-exceed amount per agreement year based on time and materials Citrus based metal cleaner, metal oil, polishing cloths, stainless polishing pads, oil brushes, sponges and drop cloths. $400 $2,500 City Attorney Approved Version 1130113 3 PEM 1206 AGREEMENT FOR BRONZE SCULPTURE ANNUAL MAINTENANCE SERVICES PLEASANT LINE CORPORATION IHIS AGREEMENT is made and entered into as of the ^/^'^ day of Uf/^/W/^ , 20 /^"by and between the CITY OF CARLSBAD, a municipal cojp6i5ation, ( City"), and Pleasant Line Corporation, a California corporation, ("Contractor"). RECITALS City requires the professional services of a contractor that is experienced with the maintenance, cleaning, waxing and polishing of bronze artwork; specifically large bronze sculptures that are displayed in outdoor open spaces. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of five (5) years from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be not exceed two thousand five hundred dollars ($2,500). No other compensation forthe Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 1/30/13 PEM 1206 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City priorto City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. City Attorney Approved Version 1/30/13 PEM 1206 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR PLEASANT LINE CORPORATION, a California corporation 5ign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California eity Manager or Mayor or Director Patrick Thomas (sign here) (print name/titl^) ^ BARBARA ENGLESON, If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:. tormey Assistant City Attormey City Attorney Approved Version 1/30/13 PEM 1206 EXHIBIT "A" SCOPE OF SERVICES Pleasant Line Corporation (Michael Stutz) designed, manufactured and installed the two bronze sculptures located at the Safety Training Center at 5750 Orion Street, Carlsbad, California 92010. Both statues were installed after construction of the Safety Training Center during April 2012. Bronze sculptures that are displayed outdoors require certain levels of specific maintenance to prevent corrosion from a condition called red bronze disease. The two bronze sculptures at the Safety Training Center currently require annual maintenance to mitigate red bronze disease that is starting to form on both sides of the sculptures. The bronze maintenance process takes approximately three (3) days to complete. The following tasks will be completed annually as part of scheduled facility preventative maintenance: • The area around sculptures will be taped off and closed to pedestrian traffic. The City will provide signage and will coordinate scheduling of this project to ensure training is not impacted. • Sculptures will be cleaned using fresh water and a bio-degradable citrus cleaner. Contractor will ensure minimum run off of water and will use site specific best management practices to ensure water does not enter the storm water confluence. The City will provide access to water and electricity. • Sculptures will be allowed to dry after cleaning. Areas around the sculptures will be masked off using ground cloths to prevent any debris, oils or polishing compounds from making contact with the memorial bricks surrounding the sculptures. • Red bronze disease spots will be removed using a mild scotch pad where possible. • Stainless sections of the sculptures will be cleaned and polished in areas where bronze leeching has occurred. • The woven bronze materials will be sealed internally and externally with a penetrating oil protectant specifically formulated for use on bronze artwork. The oil pigment will have the same color pigment to reemphasize the original patina colors of the bronze. The oil requires five (5) hours to dry at which time the enhanced sheen and protective coating ofthe bronze will reappear. Material Citrus based metal cleaner, metal oil, polishing cloths, stainless polishing pads, oil brushes, sponges and drop cloths. $400 Labor and Insurance $75.00 per hour x 24 hours $1,800 Additional Repairs (As Required) $300 Total $2,500 City Attorney Approved Version 1/30/13 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, MICHAEL STUTZ, am the owner of PLEASANT LINE CORPORATION. I hereby certify that PLEASANT LINE CORPORATION has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should PLEASANT LINE CORPORATION employ any person during the term of the Contract with the City of Carlsbad for BRONZE SCULPTURE ANNUAL MAINTENANCE SERVICES, then workers' compensation and employers' liability insurance will be obtained. PLEASANT LINE CORPORATION. Michael Stutz - Owner Name Signature Date