AGR-3635.O.1 - JOHNSEN COMMERCIAL SERVICES DBA PACIFIC DECORATING COMPANY - 2020 HOLIDAY DECORATIONSP,-3I 5 a e 1
FIRST AMENDMENT
TO
STORAGE INSTALLATION AN D REMOVAL SERVICES AGREEMENT
Storage, Installation and Removal of Holiday Decorations]
THIS FIRST AMENDMENT TO STORAGE, INSTALLATION AND REMOVAL
SE VICES AGREEMENT (the "First Amendment") is made and entered into as of
o , 2020, by and between the CITY OF ORANGE, a municipal corporation
City"), and JOHNSEN COMMERCIAL SERVICES, a California corporation, doing business
as PACIFIC DECORATING COMPANY("Contractor"), with reference to the following:
A. City and Contractor entered into a Storage Installation and Removal Services
Agreement (Agreement No. 3635.0) dated as of October 30, 2019, which is incorporated herein
by this reference (tlie "Original Agreement"); and
B. City and Contractor desire to amend the Original Agreement to revise the Original
Agreement by renewing the term.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this
First Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this First Amendment.
Section 3 Revised Term. The Term of the Original Agreement, is hereby renewed
for one year, as of the date written above.
Section 4 Authoritv of City Mana er. Pursuant to Section 2 of the Original
Agreement, the City Manager is authorized to approve and execute this First Arnendment.
Section 5. Inte ration. This First Amendment amends, as set forth herein, the
Original Agreement and, except as specifically amended hereby, the Original Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency between
the terms and prov'isions of this First Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this First Amendment shall control and govern the rights
and obligations of the parties.
Remainder of page intentionally left blank; signatures on next page]
IN WITNESS of this Agreement,the parties enter into this Agreement on the year and day
first above written.
CONTRACTOR" CITY"
JOHNSEN COMMERCIAL SERVIES, a CITY OF ORANGE, a municipal corporation
California corporation, dba PACIFIC
DECORATING COMPANY
By. - By.
Printed Name: ick Otto, City Manager
Title:
pc- t,e..,s,
By: APPROVED AS TO FORM:
Printed Name:
Title:
1, V,,
Mary E. B ing
Senior Assistant City Attorne
NOTE: If Contractor is a corporation,the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer holds
more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement,must be provided to
the City.
2
EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES
Behind this page.]
Account# 1640
PACIFIC DECORATING COMPANY
INSTALLATION CONTRACT
This contract entered into by and between Pacific Decorating Company (herein after
Installer") and City of Oranae (herein after "Customer"). Witnessed that the parties hereto do
mutually agree as follows:
ARTICLE I TERM OF CONTRACT
The term of this Contract schedule, with respect to each item of installation listed here in; 18-66'
Traditional Tri-Candle Wreaths Skylines; 1-30-foot Oregon Cascade Tree with holidav
ornaments and 6ft #D Royal Starburst Tree Topper; 1-15' Santa; 1-17' Tov Sol'ider; is for a
term of 12 months. Commencing November 2020.
ARTICLE II STATEMENT OF WORK
Installer shall install, remove and store decorations for customer. Location of installation: Citv of
Oranqe, various locations. Installation shall be started not earlier than November 23, 2020 and
must be completed no later than November 29, 2020. Removal shall be started no earlier than
January 1, 2021 and completed no later than
January 10, 2021. Installer shall ot be liable for delays of installation or removal of
decorations caused by weather, fires, acts of God, or civil unrest, to include protesting
looting, or rioting, or the blocking of any routes of travel or entry onto the jobsite from the
Installers place of business to the work location.
ARTICLE 111 PAYMENTS
Customer shall pay to installer for the performance of this contract a price of$17,163.85, which
shall constitute total compensation to Installer. Installer is under no obligation for perFormance
of this Contract unless executed Contract is returned and payment is made by the payment due
date. Payments made after February 1 of the installation season will incur a 3% interest
penalty-compounding monthly.
PAYMENT SHALL BE AS FOLLOWS:
50% 8581.92 due upon receipt of Contract return date, p rior to
installation
50°/a 8581.92 due upon receipt or within 30 days of invoice.
ARTICLE IV WARRANTY
Installer warrants all work shall be performed in a work-manlike manner. Except for the
warranty of performance in a work-manlike manner, Installer makes no other warranties,
expressed or implied. In any .event, Installer shall not be responsible or liable for loss of
decorations cause by any reason whatsoever, including but not limited to: .theft, fire,
vandalism, civil unrest, looting, rioting, wind exceeding 30 M.P.H. or any act of God.
ARTICLE V PRODUCT DISPOSAL
Upon cancellation of contract, Customer will be responsible for disposal of their product.
Customer shall notify Installer 48 hours before picking up their product or pay Installer to
dispose of product.
ARTICLE VI INSURANCE
Installer shall obtain a policy of insurance insuring Installer and Customer against liability
Exhibit A:Page 1 of 7
l
Account# 1640
for loss suffered by third parties with respect to the installation of said decorations in the
amount of$1,000,000.00. Installer will provide Customer with proof of insurance, if
requested by Customer, at no charge. Customers may be added as additional insured
upon request at no charge. Any and all other insur.ance required by law or by the Customer
shall be the Customer's sole Responsibility.
ARTICLE VII SITE PREPARATION AND PLOT PLAN
The location for the Installation of the decorations shall be furnished by customer and must first
be approved by Installer or its representative as to feasibility for installation. Customer will be
responsible for securing any permission, permits, and licenses necessary for proper installation
of decorations from owners, lessees, lessors, city, state and other governmental authority.
Customers will be responsible for all necessary fees. Installer is given permission to install
decoration hardware items including but not limited to faceplates, cables, anchor points within a
reasonable time prior to actual installation dates. All hardware items will be left in place
between seasons. Customer is responsible to ensure light standers or poles are in good
repair and ready for use.
ARTICLE VIII ELECTRICAL SOURCE AND CURRENT
Customer shall furnish adequate electrical power and suitable electrical connections as are
customarily used in the electrical trade or required by Underwriter's Laboratory within a
reasonable area, not to exceed 8 feet of the decoration installation site, for distance greater than
8 feet Customer will be charged for extension cords. To be billed with second installment.
Customer warrants that the electrical connection supplied shall be suitable for the intended
purpose. Cusfomer shall be responsible for payment for electric current consumed by
decorations.
ARTICLE IX SUBCONTRACTORS AND ASSIGNMENTS
Installers have the option to assign all or part of its rights and obligations under the terms of this
Contract. Any such assignment shall not relieve Customer of its duty of perFormance under any
of the terms or conditions of this Contract.
ARTICLE X CONFLICT OF APPLICABLE LAW
If any paragraph or provision of this Contract is declared contrary to public policy unenforceable
in law or equity, then in that event, that portion shall be deleted from this Contract, and
remaining portions shall remain in full force and effect.
ARTICLE XI DEFAULT
In the event of a default of any payment of any sums due hereunder, or in the performance of
any other covenant herein, and if customer fails to cure said default within three (3) days after
written notice from Installer, or if Customer becomes insolvent, or ceases to do business as a
going concern, or makes an assignment for the benefit of creditors or any proceeding or petition
under the Bankruptcy Act as amended is filed by or against customer, (including a proceeding
for reorganization, arrangement, or extension) then in such event, Installer at it's sole option
shall have the right to terminate this contract as to any and all items of installation, and Installer
shall thereupon by entitled to recover from customer the excess, if any,.of the amount of
payments reserved in the Contract for the balance of the stated term.
ARTICLE XII SERVICE CALLS
There will be no charge for Service Calls, after decorations are installed, for an installation
related problem. Problems not related to installation including but not limited to vandalism,
weather, civil unrest, looting, protesting, rioting, or acts of God. In the event the problem is
not related to installation Installer will charge Customer an additional 80.00 per hour
Exhibit A:Page 2 of 7
Account#1640
including travel time. If adequate power or proper electrical connections are not available at
installation site at the time of installation and Customer wishes Installer to return to the
installation site to connect the electrical at a later date there will be an additional charge of
80.00 per hour including travel time.
ARTICLE XIII ADDITIONAL TERMS
X Replacements of Decor
2012 15' Toy Solider 2019-56-Replacement Bows
2013 2-40' Skyline 2019- Replacement of Toy Solider
2-50' Skyline
1-60' Skyline
2014 2-40' Skyline
3-50' Skyline
48 Replacement Bows
2015 2-40' Skylines
2-50' Skylines
24 Replacement Bows
2016 40' Skyline
50' Skyline
55' Skyline
60' Skyline
2017 30' Christmas Tree
2018 56 Replacement Bows
Executed this contract on date set forth by their signatures:
TARA A. JO SEN • CUSTOMER
DATE: JuIV 8,2020 DATE:
Johnsen Commercial Services dba
PACIFIC DECORATING COMPANY
PO Box 850
Grass Valley, CA 95945
operations(a pacificdecoratin cgo.com
Exhibit A:Page 3 of 7
Account# 1640
ADDENDUM TO THE INSTALLATION CONTRACT
RELAMPING AGREEMENT
ACCOUNT NAME: City of Orange
By executing this agreement, I am granting Pacific Decorating Company permission to replace
all burned out lamps on the decoration being installed by them under the contract for Account
1640. It is understood that Pacific Decorating Company replaces broken lamps at their
expense.
Customer is to provide electrical outlets within 8 feet of lighting.
Customer is to be charged for any additional extension cords or timers if needed or requested.
If no common power system is provided, installer will use any outlets available to power line. If
air conditioning units are used the customer must notify tenant that the light line is powered on
their unit and to leave breakers on.
Customer will be charged a service call if it is necessary to return to a center because a tenant has turned
off a breaker.
Customer will be charged at the rate of$0.75 per incandescence lamps and$1.50 for LED lamps to
replace burned out lamps,to be billed on second(2nd)installment invoice.
Customer understands there shall be no obligation on part of Pacific Decorating Company to
perform any of the above work until receipt of this agreement by the payment due date.
This applies to ALL LIGHT LINE JOBS and TREE OF LIGHT JOBS.
By:
Title:
Date:
Exhibit A:Page 4 of 7
Account# 1640
EXHIBIT "A"
SCOPE'OF SERVICES
I. Storage of Holiday Decorations.
As of the date of this Agreement, the "Skylines and Wreaths" (as that term is
l
defined in subparagraph "a" of Section "II. Installation of Holiday Decorations",
below) ate presently beirig stored by the Contractor at Contractor's storage facility
located at 4284 '/z Mission Boulevard, Montclair, California 91763. The "Self-
Standing Decorations" (as that term is described in subparagraph "b" of Section
II. Installation of Holiday Decorations", below) are also presently being stored
by the Contractor at the Contractor's storage facility located at 4284 %z Mission
Boulevard, Montclair, California 91763. The Contractor shall deliver the
Skylines and Wreaths, along with the Self-Standing Decorations, to the site for
installation in accordance with the following specifications. Upon removal of the
Skylines and the Self-Standing Decorations, the Contractor shall disassemble,
pack and ship all of those decorations to Contractor's storage facility in
accordance with the schedule described herein blow and the Rider attached
hereto.
II. Installation of Holiday Decorations
a. S lines. Contractor shall deliver to the site and install Eighteen(18) skylines .
herein referred to as the "Skylines") in the locations depicted on the attached Plot
Plan and in a position and at a height acceptable to the Ciiy Manager(or his
designee). The Skylines are more particularly described on the attached product
specification sheet.
b. Self-Standing Decorations. Contractor shall deliver to the site and install one (1)
30-foot Oregon Cascade Tree with holiday ornaments and 6ft#D Royal Starburst
Tree Topper, one (1) 15-foot Santa, one (1) 17-foot Toy Soldier, (herein referred
to as the "Self-Standing Decorations") at a location to be determined by the City
Manager(or his designee) at Plaza Park in the City of Orange. Installation of all
self-standing decorations by the Contractor shall occur on weekdays only.
c. Delivery of the Skylines the Self-Standing Decorations to the site shall commence
no earlier than November 23, 2020 and must be completed by no later than
November 29, 2020
d. Contractor shall be granted permission to install decoration hardware items
including, but not limited to, faceplates, cables, and anchor points within a
reasonable time prior to actual installation dates.
e. Contractor-shall be responsible, at its sole cost, for testing all lamps and replacing
all defective, broken, or burned out lamps during the installation process and,
thereafter, before storage in accordance with the Rider attached hereto.
f. City shall furnish the sole cost and expense, adequate electrical power and
suitable electrical connections as customarily used in the electrical trade or
required by Underwriter's Laboratory within a reasonable area, not to exceed 20
Exhibit A:Page 5 of 7
Account# 1640
feet from the decoration installation site. City shall be responsible for payment
for electric'current consumed by the holiday decorations.
g. All hardware items shall be left in place between seasons.
III. Removal
a. Commencing no earlier than January 1, 2021 Contractor shall remove the
Skylines and Wreaths and Self,-Standing Decorations from the designated
locations and return them to the Contractor's warehouse storage facility at 4284 %2
Mission Boulevard, Montclair, California 91763, where they are to be properly,
cleaned, stored and secured.
b. Removal of the holiday desecrations must be completed by no later than January
10', 2021
c. Contractor shall be responsible, at its sole cost, for testing all lamps and replacing `
all defective lamps dunning the removal process.
IV. Cleaning and Storage
Contractor shall be responsible for cleaning each and all of the holiday decoration
items identified above, and properly dry each decoration item prior to storage.
Exhibit A:Page 6 of 7
Account# 1640
EXHIBIT "A"
TO
RIDER TO AGREEMENT
Eighteen(18) skylines.
One (1) 30-foot Oregon Cascade Tree with holiday ornaments and 6ft#D Royal Starburst Tree
Topper, one (1) 15-foot Santa,, one (1) 17-foot Toy Soldier.
l
l
Exhibit A:Page 7 of 7