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HomeMy WebLinkAboutSherwood Artworks Inc; 2019-05-20; PSA19-774GSPSA19-774GS AGREEMENT FOR STC STAIRWELL ART INSTALLATION SERVICES SHERWOOD ARTWORKS, INC. THIS AGREEMENT is made and entered into as of the ~/)th day of ~/ , 2019, by and between the CITY OF CAR SBAD, a municipal corporatio~("City"), and SHERWOOD ARTWORKS, INC., a California corporation, ("Contractor"). RECITALS City requires the professional services of an artist experienced in the design and installation of large wall art and mural projects. 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 one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand eight hundred eighty- five dollars and ninety-six cents ($9,885.96). No other compensation for the 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" and Exhibit "B''. 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 attorney's 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. Agreement for STC Stairvvell Art Installation Services City Attorney Approved Version 6/12/18 PSA19-774GS 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 Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, 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. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnist1 certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Jason Kennedy Title Facility Manager Department Public Works City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-931-2236 For Contractor Name Stephen Sherwood Title Project Manager Address 626 Garfield Street Oceanside, CA 92054 Phone No. 949-933-9998 Email stephen@sherwoodartworks.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. 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 categories. YesO No~ 9. 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. Agreement for STC Stairvvell Art Installation Services 2 City Attorney Approved Version 6112118 PSA19-774GS 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Agreement for STC Stairwell Art Installation Services 3 City Attorney Approved Version 6/12/18 PSA19-774GS 15. 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 SHERWOOD ARTWORKS, INC., a California corporation By: (sign here) S-tef~"'. ~~<v..Jooc\ (pnnt name/title) l><-e..S i J.e(\--\-- By~ ~~~x' (si~n here) CITY OF CARLSBAD, a municipal corporation of the State of California Lorr(A In e. Sher Wood, D1re.c-ror ~ Se.er~ t-C\c'/ (print name/title) 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: ~L-~ / Deputy City Attorney...,f Agreement for STC Stairvvell Art Installation Services 4 City Attorney Approved Version 6/12/18 ITEM UNIT QTY NO. 1 LS 1 2 LS 1 EXHIBIT "A" SCOPE OF SERVICES DESCRIPTION Installation of the following art work will occur in the main lobby stairwell leading up the stairwell to the second-floor hallway. -Design wall layout and complete installation of 800 shoulder patches affixing them using brass brads. ProJect Manager to approve layout prior to contractor affixing patches. -Installation of one 5-foot x 8-foot United States Flag, mounting the flag in position per the 4 U.S. Code § 7 - Position and manner of display of the national flag. Equipment hardware for mounting art and supplies. Including stainless steel rod for flag display, tax included. TOTAL* *Includes taxes, fees, expenses and all other costs. PRICE $9,525.00 $360.96 $9,885.96 Agreement for STC Stairwell Art Installation Services 5 City Attorney Approved Version 6112/18 Sherwood Artworks, Inc. 626 Garfield Street Oceanside, CA 92054 Quoted to: Jason Kennedy City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA Exhibit "B" Project 5750 Orion Street Carlsbad, CA Quotation Quote Number: 2342 Quote Date: Mar 12, 2019 Page: 1 Customer PO Good Thru 4/11 /19 Payment Terms Net 30 Davs Sales Rep Quantity , Item Description Design layout and instaUalion of 800 patches & large flag; Hopefully we can use our ladders to install the flag; Misc Hardware Stainless steel rod for flag; note SHOULD SCAFFOLDING BE REQUIRED FOR THE SAFE INSTALLATION OF THE FLAG, THE CLIENT WILL BEAR THE COST OF SCAFFOLDING & ARRANGE FOR THE INSTALLATION & REMOVAL. note Supplied items aren't perfect & may not lay flat. We cannot guarantee that your supplied product will cooperate in appearing perfect. Patches will cascade down the wall in organic rows and simulate a wave shape. Patches will be in random columns of shape, color, & size. Client may identify the locatk>n of some patches, but allow a random flow of the installation by Stephen Sherwood. Patches will be tacked to the walls and slight damage will occur from nails; some threads will be broken. Subtotal Sales Tax Total :Unit Price Extension 9,525.00 335.00 9,860.00 25.96 9,885.96 SHERW-1 OP ID: PM ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~tl~cT Paula Meeks Gateway Insurance Agency rA~gN:o Extl: 760-439-1323 I r:,~ Nol: 760-439-6905 207 North Dltmar St Oceanside, CA 92054-:~lJ~ss: paulal@aatewayautoandhome.com Scott McPherson INSURER(S) AFFORDING COVERAGE NAIC# 1NsuRER A: AmGuard Insurance Comoanv 42390 INSURED Sherwood Artworks Inc INSURER B: Am Trust Insurance Companv 626 Garfield Street INSURER c: Proaressive Insurance (Drivel 27804 Oceanside, CA 92054 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS . CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF ,:ghli~> LIMITS LTR IA>C>n w,m POLICY NUMBER /MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ,---~ CLAIMS-MADE [!] OCCUR lJAMAGE TO t<tN I tu SHBP758353 12/15/2018 12/15/2019 PREMISES {Ea occurrence\ $ 1,000,000 X Business Owners MED EXP (Any one person) $ 10,000 ,--- PERSONAL & ADV INJURY $ 2,000,00C ,--- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 ~ [!] PRO-□LOC PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY• JECT $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 {Ea accident\ C x ANY AUTO 06360593-0 12/15/2018 12/15/2019 BODILY INJURY (Per person) $ ,---ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS x AUTOS X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ --Deductibles $ 500 UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION XI ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER B YIN WWC3173859 12/15/2018 12/15/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [!] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~~i'i:~rt-ITi~ 'g'~gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVE PO Box 4668-ECM #35050 ~ New York, NY 10163-4668 I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD 1NsURE□'s NAME Sherwood Artworks Inc SHERW-1 OPID: PM Those usual to the Insured's Operations. Certificate holder is an additional insured per form IH1200 attached to this policy. This policy has been endorsed with BP 04 51 01 06 California Additional Insured-Automatic Status -Blanket Additional Insureds. This policy has been endorsed with CG20010413 This insurance is Primary and Non-Contributory. PAGE 2 Date 04/29/2019 POLICY NUMBER: SHBP758353 BUSINESSOWNERS BP 04 48 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Carlsbad its officials, employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in Section II -Liability: 3. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 □