HomeMy WebLinkAboutCONSERVATION SOLUTIONS INC LADY JUSTICE STATUE
LUMP SUM AGREEMENT FOR
RESTORATION & RELOCATION of LADY JUSTICE STATUE
BETWEEN
Augusta, Georgia, a political subdivision of the State of Georgia
Acting by and through the
Richmond County Commission
Hereinafter Referred to as Owner
AND
Conservation Solutions, Inc.
Hereinafter Referred to as Contractor
PROJECT:
Restoration & Relocation of Lady Justice Statue
for the Augusta-Richmond County Judicial Center
DATE: December 1, 2009
TABLE OF CONTENTS
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1. Basic Services .... .............. ........... .......... ........... ... .... .............................. ........ .... ........... ............ ........... ...... 1
2. Owner's Responsibilities............. ............ ........................................... ........ ..... ............ .......... ....... ............ 1
3. Compensation ........................ .............................................. .................... .................. .......... ......... ........ .... 1
4. Additional Services........... ............. ........ .................................. ...................... .... .... .......... ......................... 1
5. Period of Performance.... ....................... ...... ...................... ............................ ............... .......... ........... ....... 2
6. Mutual Indemnity.. .......... ..................... ................... ............. ........................ ........... .... .......... ............ ...... 2
7. Ownership of Documents........................ ..................... ......... ....... ....... .......... .... ........... .......... ........... ....... 2
8. Standard of Care ...... ............... .............. .............. ....... ....... ......... ........... ...... ................. ........ .... ....... ......... 2
9. Governing Law.................................. ..... ........ ................. ..... ...... ....... ............ ....... .............. ............. ......... 3
10. Assignment and Delegation...... ........ ............. ................................... ....................... ........ ........... ............. 3
11. Termination........ ........ ........... .......... ............... .......................... ......... ................. .... .......... ......... .... ........... 3
12. Information or Product Usage........ ......... ...... ...................................... .... ............ ............ ........... ............. 3
13. Extent of Agreement.... ....................... ........... ...................... ................ ..... ............... ........ ........................ 3
14. Third Party................... ............. .......... ....... .... ................................... ........ ................. ...... ........... ............. 3
15. Notice... ............... ........ ............. ...... ...... ... ........ ................. ........... ....... ........ ......... ........ .... ............. .......... ... 3
16. Dispute Resolution..... ......... ............ ............... .... ...... ....... ........... ..... ......... ........ .............. ............. .... ......... 3
Attachment A Basic Services........ ..... ......... ............... ........ ......... ......... ........................ ......... ..... ........... ....... ......Al
Attachment B Schedule. ...... ........... ................ ....... .... ................. ........... ....... ........ ......... ...... ...... ........... .... .........B 1
LUMP SUM AGREEMENT
August 7,2006
Owner and Contractor mutually agree as follows:
1. BASIC SERVICES. Contractor shall provide to the Owner, for the Restoration & Relocation
of Lady Justice Statue for the Augusta-Richmond County Judicial Center, the certain services
as described in Attachment A, Basic Services, for the Project, attached hereto and
incorporated herein. Unless specified in Attachment A, Basic Services, any further service
required of Contractor shall be considered Additional Services in accordance with Article 4.
2. OWNER'S RESPONSIBILITIES. The Owner shall provide full information regarding his
requirements for the Project.
The Owner shall provide access to remove the statue from the existing location and to the new
location at the Judicial Center, along with any existing reports as may be necessary for the
Project at the Owner's expense.
The Owner will be assisted by their Construction Program Manager (CPM), who is under a
separate contract with the Owner. The CPM will represent the Owner and function as the
primary point of contact for the Contractor for all matters, except as designated otherwise, in
writing, by the Owner or CPM.
3. COMPENSATION. For the Basic Services under this Agreement, Contractor shall be paid as
total basic compensation the Lump Sum of thirty nine thousand seven hundred and fifty four
dollars ($39,754.00), which shall be paid in installments that correlated to the percentage
completion of the work.
Payments under Articles 3 and 4 shall be due and payable upon presentation of Contractor's
invoices to the Owner, but not later than thirty days after such presentation.
No deductions shall be made from Contractor compensation on account of any claim of Owner,
or any liquidated damages, retainage or other sums claimed or withheld by the Owner from
payments to contractors, design consultants, or others.
In the event any invoice submitted by Contractor for services rendered or Reimbursable
Expenses is not paid within sixty days from receipt of the invoice, Contractor shall have the
right to cease or suspend all performance required under this Agreement until the invoice is
paid in full. Notwithstanding anything herein to the contrary, such cessation or suspension of
work by Contractor shall not be deemed a breach of this Agreement in whole or in part. The
decision by Contractor not to cease or suspend performance if there is a non-payment shall
not constitute a waiver of its right to stop work as long as a non-payment condition exists.
Compensation does not include local, state or federal sales, use, gross receipts, excise,
personal property or other similar taxes or duties with respect to the Services, and any such
taxes or duties shall be assumed and paid for by the Owner.
4. ADDITIONAL SERVICES. Contractor shall perform Additional Services upon mutual,
written consent of the Owner and Contractor and upon written authorization to proceed from
the Owner.
5. PERIOD OF PERFORMANCE. The period of performance under this Agreement shall begin
upon receipt of a Notice to Proceed from the Owner. Work shall be prosecuted in accordance
with Attachment B, Project Schedule, with the understanding that time is of the essence of
this Agreement. If the Project is delayed through no fault of the Contractor, all specific dates
noted in the Schedule that are affected by the delay will be adjusted by the number of
calendar days of the delay. Furthermore, if the Owner materially revises the Project, a
reasonable time extension shall be negotiated between the Contractor and the Owner.
6. MUTUAL INDEMNITY. Contractor agrees to indemnify and hold harmless the Owner and
its officers, agents and employees from any injury, loss, expense or damage to any person or to
property, tangible or intangible, to the proportionate extent attributable to a negligent act by
Contractor in connection with the performance of its services under this Agreement.
The Owner agrees to indemnify, hold harmless, and defend Contractor and its officers, agents
and employees from any injury, loss, expense or damage to any person or to property, tangible
or intangible, to the proportionate extent attributable to any negligent or willful act by the
Owner in connection with the performance of this Agreement.
Contractor shall not be responsible for the acts or omissions of any contractor, subcontractor,
or design consultant used with respect to the Project or the adequacy or accuracy of any part
or all of the Project design.
Contractor and the Owner shall not be liable to each other for any delays in the performance
of their obligations and responsibilities occurring beyond their reasonable controls and/or
without their fault or negligence, including but not limited to, any of the following events or
occurrences: fire, flood, earthquake, epidemic, atmospheric condition of unusual severity,
war, and strikes. However, in the event of any such delays, the Period of Performance under
Article 5 shall be extended by a period of time corresponding with the period for which the
Work was delayed and Contractor shall be entitled to an equitable adjustment in its
Compensation.
The above indemnities shall survive expiration or termination of this Agreement.
7. OWNERSHIP OF DOCUMENTS. Upon termination or expiration of this Agreement,
Contractor shall upon written request from the Owner return to the Owner all documents
and records provided by the Owner, and any information or materials derived therefrom,
which are in Contractor's possession or control. However, Contractor shall be allowed to
make copies of such documents, records, information and material.
8. STANDARD OF CARE. Contractor covenants with the Owner to furnish its professional skill
and judgment with due care in accordance with the generally accepted standards of
topographical surveying practice and in accordance with the federal, state and local laws and
regulations which are applicable to the performance of the Services and which are in effect on
the date of this Agreement. Notwithstanding any other provision to the contrary, except for
the express covenant regarding the above described standard of care, Contractor neither
makes, nor offers, nor shall Contractor be liable to the Owner for, any express or implied
warranties with respect to the performance of Contractor's Services. Contractor shall not be
regarded as a guarantor with respect to any work product provided hereunder.
9. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Georgia.
10. ASSIGNMENT AND DELEGATION. Neither party may assign any rights or delegate any
duties under this Agreement without the express prior written consent of the other, with the
exception of the account receivables which may arise from this Contract that Contractor may
assign in its normal course of business.
11. TERMINATION. Either party may terminate this Agreement for any reason by giving the
other party written notice at least fifteen days prior to the effective date of termination. In
the event of termination by Owner, the Owner shall pay Contractor for all amounts not
previously billed and due to Contractor as of the effective date of termination, and all
reasonable termination expenses.
12. INFORMATION OR PRODUCT USAGE. Contractor shall provide the Services under this
Agreement as an independent contractor. It is expressly understood that how and for what
purpose the Owner shall use any information or products generated by Contractor under this
Agreement is not within the control of Contractor. Contractor assumes no responsibility for
the ultimate suitability of the information or products or for the ultimate consequences or
liability resulting from use in a manner contrary to the Contractor's intent.
13. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated
agreement between the Owner and Contractor and supersedes all prior negotiations or
representations of each party, and shall be amended only by a writing signed by both parties.
14. THIRD PARTIES. This agreement is not intended to create nor shall it be construed as
creating any contractual relationship or obligations between Contractor and any third party,
including but not limited to any Construction Program Manager or any Contractor, except
where expressly stated herein. Nothing contained in this Agreement, nor the performance of
the parties hereunder shall inure to the benefit of any third party. Neither party may assign
any rights or claims arising under this Agreement to any third party without the other party's
written consent.
15. NOTICE. Notices hereunder shall be delivered personally or by mail, postage prepaid,
certified or registered, return receipt requested, to the address of the receiving party set out
below.
16. DISPUTE RESOLUTION. If a dispute arises out of or relates to this Agreement, or its
alleged breach, and if that dispute has not been settled through direct discussions within a
reasonable period, the parties to this Agreement agree to first endeavor to settle the dispute
in an amicable manner by submitting the dispute to a mutually acceptable mediator under
the Construction Industry Mediation Rules of the American Arbitration Association, before
having recourse to a judicial forum. Should mediation of disputes prove unsuccessful, the
parties to this Agreement agree that the matter(s) in question will be decided in the Superior
Court of Richmond County, Georgia. By signing this Agreement, the Design Consultant
waives any right to contest the venue in the Superior Court of Richmond County, Georgia
This Agreement executed the day and year first written above.
OWNER
CONTRACTOR
Augusta, Georgia, a political
Conservation Solutions, Inc.
Subdivision of the State of Georgia
a Contracting Firm
Acting by and through the
Licensed in the State of Maryland
Richmond County Commission
By: U J.-. xl . r----
l
A
By:
Deke S. Copenhaver
Joseph Sembrant
~ayor ~
(1M u:A. h MtfIA/
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President and Senior Conservator
Attest
ATTACHMENT A
BASIC SERVICES
Basic Services to be executed under this Agreement include the scope of work described in the Request
for Qualifications (RFQ Item #09-108A) and the following as described in the Contractor's proposal:
SCOPE OF WORK
PHILOSOHY
The scope of work as identified on page 14 of 34 in the RFP is:
. Assess structural integrity of the sculpture
. Assess surface conditions
. Describe general appearance and condition
· Propose a plan for restoration, including a detailed description of the methods and
materials, time frame, personnel, and safety precautions
· Implement the plan
· Relocate the statue and install completely in location indicated in attached Exhibit,
coordinating installation with Owner's Rep and Construction Manager for the new Augusta
Judicial Center. The tentative timeframe for installation is December, 2010. Store statue in
secure, weatherproof, insured location until time for installation at main entry portico of the
new Judicial Center.
· Propose a plan for written and photographic documentation of the restoration process.
. Include liability insurance coverage.
The goals of the intended assessment and subsequent restoration emphasize minimal intervention by
using the least aggressive means possible to achieve the most successful conservation results. To
achieve such results it will be necessary to test each recommended procedure to determine which
approach is most appropriate for the artifact and most acceptable to the owner or the owner's
representative. Therefore, when a procedure is recommended, it will only be instituted once the
proper testing has been performed and the owner or the owner's representative has approved the
results. For this reason, it should be noted that although we may recommend a specific treatment,
the ultimate decision would be placed in the hands of the owner or the owner's representative.
GUIDELINES
The work for the project will follow guidelines set forth by the following organizations:
· United States Department of the interior, National Park Service, "The Secretary of the
Interior's Standards for the treatment of Historic Properties",
· American Institute for Conservation of Historic and Artistic Works (AIC), "Code of
Ethics" and "Guidelines for Practice.".
INSPECTION
The Contractor will perform an assessment of the materials and existing conditions of the sculpture.
Work will begin with a review of any historic documentation of the sculpture provided by the client and in
our company records. A conservator will then perform an inspection of the sculpture. Inspections will
include reviews of the new site conditions and detailed observations of the materials and conditions of
the sculpture including surface conditions and general appearance/condition. Where necessary, a
borescope will be used to observe interior conditions to determine the presence, condition, and structural
integrity of the interior armature system if possible.
ASSESSMENT AND PLAN FOR RESTORATION
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At the completion of the inspection the observations will be incorporated in a condition assessment
report/plan for restoration. The report/plan will include baseline descriptions of the sculpture
including definitions of the materials, inscriptions and any relevant history gathered from the
documentary review. The report/plan will also detail any observed deterioration and its likely
cause. Photomicrographs of paint/gilding stratifications (if present) will be provided and a Munsell
number will be provided for the earliest extant color(s) present on the sculpture. Annotated
photographs will be included in the report/plan to illustrate the conditions. The goal will be a
thorough understanding of construction of the sculpture and its current state of deterioration and the
likely causes.
A series of recommendations for treatment will be developed and included in the report/plan. They
will be intended to define the means of preservation of the sculpture, including repairs to the copper
skin, and structural repairs. The goals will be to determine the most effective means of conserving
the sculpture using the lowest level of intervention to achieve the most effective results.
Recommendations will include the removal of the sculpture for treatment, coating removal techniques,
possible repair and anchoring options, and the application of a proper patina and coating system.
A project specific hazard assessment and safety plan will be developed and included in the report. It
will identify potential safety concerns associated with the proposed work and provide guidance in
mitigating and avoiding risk. CSI is proud of its commitment to safe work practices. Staff members
take OSHA general and task specific training. We maintain high standards for our employees and
sub-contractors, each of whom must adhere to our safety and drug-free workplace plans. Our
insurance factor is one of the lowest in the industry, a testament to the success of our safety
commitment.
Prior to the start of work, all necessary documents including a certificate of insurance will be
submitted. During the course of work, the client will be updated on a weekly basis through clear and
concise update reports that will be both in written and photographic form.
TREATMENT (ANTICIPATED)
Depending upon the results of the investigation and the plan that is approved by the client, the
treatment may consist of the following:
Removal
The copper sculpture will be adequately padded and hoisted from the site using a long reach fork lift.
The existing mounting will be lifted from the base or cut without damaging the copper skin. The
sculpture will be protected and cradled in a wooden shipping crate. The crate will be loaded on an
enclosed truck and the sculpture will be transported to our workshop/studio in District Heights,
MD. Debris associated with the work will be removed from the site. ONLY the copper sculpture will be
removed. The granite base and concrete pad will not be removed. The Contractor will not be
responsible for the removal or disposal of the existing base.
Iron Armature
The condition of the pipe and strap iron will be assessed. Severely corroded elements will be
brought to the client's attention and a plan for its potential restoration will be generated and
submitted to the client for approval. All armature-to-armature and skin-to-armature attachment
points will also be assessed as well and a plan for their restoration will be submitted to the client for
approval. It should be noted that this proposal does not make provisions for repairs to the internal
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armature system other than to clean and coating as described below. The condition of these components
and their potential repair options are not possible to determine without performing an in-depth
investigation by opening up the sculpture or by the use of a borescope and obviously cannot be known
until the completion of the required assessment.
Cleaning and Corrosion Removal on the Interior of the Sculpture
Assuming that the condition of the interior armature is structurally sound, it would be cleaned by
water-jet blasting at 3500 psi with a turbo-tip nozzle to remove loose corrosion products and built-
up debris. After inspection of the condition of the ironwork it will be coated with a sequence of
Cortec corrosion resistant products. The cleaned iron will be prepared with VpCL CorrVerter, a
chelating passivating agent, followed by top coating with VpCL-387 high build corrosion inhibiting
coating. This treatment sequence integrates advances in vapor phase corrosion inhibiting research.
It will require a lower level of intervention, with less environmental and safety concerns than
traditional sand blasting and coating methods. It is ideally suited to the semi-protected conditions of
the statue interior.
This approach can be reviewed with the architect and/or client and an alternate method can be
selected that best serves the object's interests once access is gained to the interior of the sculpture and
the condition of the existing armature can be properly assessed.
Cleaning of Exterior of Copper Sheeting
Areas to be restored by soldering or through heat treatments will be stripped of surface oxidation as
needed to effectively perform the work. Aggressive removals of surface oxidation will only occur
at locations requiring such work and will be minimized to the smallest area possible. Surface soiling
and loose corrosion products will be removed by washing with Orvus anionic detergent follow by
thorough moderate pressure washing using 15 degree fan tips at 2500 psi nozzle pressure. Cleaning
patterns, dwell time and tip-to-surface distance will be controlled to assure consistent cleaning
without excessive or inconsistent removals. The goal will be the preservation of the existing weathered
patina while reducing streaking and differential coloration.
Copper Skin
The goal of the treatment will be to recreate the improper beam on the balance scale, properly reattach
the scale to the hand, resolder open or cracked solder joints, and repatinate the copper to match
adjacent areas and aesthetically integrate the all areas of the sculpture.
Deformed sheets will be carefully hammered and planished to re-establish their original three-
dimensional configuration. If possible, this will be performed in-situ without removing the sheets.
Dimples and local deformations will be similarly hammered out. Holes will be re-formed and
soldered closed or patched with new copper sheets if needed. New copper will match the original in
dimensional thickness and purity.
Patination and Surface Treatment
Weare recommending preservation with adjustment of the existing patina and the use of a
microcrystalline wax to help protect the surface. The patina of the copper skin will be adjusted after
completion of restoration work on the statue. The goal will be the chemical adjustment of the
existing patina to remove streaking and unsightly disfiguring coloration while retaining the overall
historic coloration. New copper work will be patinated to match the historic.
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Streaking and discolored areas of the historic surfaces will be chemically hot patinated to match
the overall tones of the statue using traditional methods. Liver of sulfur and ammonium sulfide
solutions will be applied to surfaces heated with propane torches in numerous and repeated applications
until the appropriate rich brownlblack tone are developed. Excess chemicals will be rinsed from the
surface when treatment is complete.
Re-installation
At the completion of the restoration work, the sculpture will be stored in a secure, weatherproof,
insured location until time for installation at main entry portico of the new Judicial Center.
On or about December 2010, the restored statue will be padded and stabilized to allow for transport, laid
in its transport crate, and trucked to Augusta, GA. The statue will be relocated and installed at the
New Judicial Center, coordinating installation with Owner's Rep and Construction Manager for the
new Augusta Judicial Center.
This proposal includes costs to build and install the components necessary to secure the sculpture
its new base and the lifting and installation of the statue on to the base. No costs have been included
for engineered drawings of the internal armature of the sculpture and the mating components to its
new base or for fabrication and installation of any of the base elements. If these are required, we
would be happy to provide a cost for this service. Additionally, all parking coordination and permits
necessary to perform this work will be provided by the County.
DOCUMENTATION TO AIC STANDARDS
A final treatment report will be submitted which will explain the materials and methods that were
used to restore the sculpture and also include a maintenance plan for the continued upkeep of the
sculpture. Overall and detailed images of each treatment item and phase will be taken in digital
format. Labeled images will be referenced in the text to the appropriate written descriptions.
Although not part of the current scope, the Contractor would also be happy to train the maintenance
staff in the proper housekeeping of the sculpture to help keep it looking presentable and to prevent any
misguided maintenance work.
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ATTACHMENT B
PROJECT SCHEDULE
Schedule Activit
Notice to Proceed
Initial Assessment and Remove Scul ture
Perform Restoration
Treatment Re ort
Re- Installation
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