HomeMy WebLinkAbout14 C41660 - Same Day Express - El Paseo Sculpture ExhibitionCONTRACT NO. C41660
MEETING DATE:
PREPARED BY:
REQUEST:
Recommendation
STAFF REPORT
CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
June 10, 2021
Deborah Glickman, Business Advocate
Award contract for maintenance of the City of Palm Desert's public
art collection and the El Paseo Sculpture Exhibition in the amount
of $55,200 to Same Day Express, and approve up to $5,000.00 on
an as needed basis for additional maintenance services.
By Minute Motion:
1. Award the contract for the maintenance of the City of Palm Desert's public
art collection and the El Paseo Sculpture Exhibition for a period of one (1)
year, with three (3) optional one (1) year extensions, in the amount of $55,200
to Same Day Express;
2. Approve up to $5,000.00 on an as needed basis for additional maintenance
services from Same Day Express; and
3. Authorize the Mayor to execute said contract and allow the City Attorney to
make non -substantive changes.
Funds are anticipated to be available in FY 2021/2022 Art in Public Places
budget, Account Number 4364650-4337200.
Strategic Plan Objective
Maintenance of the City's public art collection and the artwork in the El Paseo Sculpture
Exhibition are in line with the Arts & Culture Mini -Vision contained in the Strategic Plan,
which states:
"Arts and culture give a community its soul. Palm Desert is the cultural core of
the Coachella Valley. Cultural tourism drives economic growth in Palm
Desert. The community is host to internationally recognized cultural events
that bring significant economic benefits to the City. Palm Desert is a leader in
arts education, ensuring a well-rounded population that possesses high levels
of creativity and critical thinking skills."
June 10, 2021 - Staff Report
Public Art Collection Maintenance
Page 2 of 3
Discussion
The Public Art Division regularly contracts with a professional art maintenance company
to clean, inspect, and conduct minor maintenance on the City's public art collection and
the El Paseo Sculpture Exhibition. Most of the seventy-three (73) artworks in the public
art collection are cleaned and inspected twice a year, and the eighteen (18) artworks in
the El Paseo Sculpture Exhibition and a couple of specific pieces in the public art
collection are cleaned and inspected on a monthly basis.
Since the current contract with Same Day Express is due to expire on June 30, 2021,
staff released a Request for Proposals (RFP) on the City's PlanetBids website on May
3, 2021 seeking bids for the maintenance services. On May 12, 2021, bids were
opened via PlanetBids. Two (2) bids were received, one from Same Day Express (a
division of Signature Sculpture) and one from FACL, Inc. Staff is recommending
approval of a contract with the lowest responsive bidder, Same Day Express, in the
amount of $55,200. For the past four (4) years, the contract for public art maintenance
services has been held by Same Day Express and staff has been pleased with the
services the company has provided.
Following are the bids received for the Public Art Maintenance Program.
Contractor Location Bid Amount
Same Day Express Palm Desert, CA $55,200.00
EverGreene Architectural Arts Brooklyn, NY $480,417.00
Same Day Express' bid amount of $55,200 represents an increase of just over $5,200
with the current contract amount of $49,992.00. The rise in the cost of the contract is
due to the following:
• Increase in the amount of public art collection artworks covered by the contract
from sixty-seven (67) to seventy-three (73)
• Increased hard costs for the contractor.
Staff believes that the increase in the cost of the contract is justified due to the above
reasons, and recommends approval of the contract.
At times the City of Palm Desert's public art collection warrants unanticipated repairs
due to damage, vandalism, or the desert's harsh weather conditions. Currently, the City
contracts with Same Day Express to provide cleaning of the sculptures but not repairs.
Approving an amount not to exceed $5,000.00 will allow Same Day Express to perform
repairs and unexpected cleaning at an hourly rate of $80.00 per hour upon approval
staff.
Approval of this contract will ensure that the City's public art collection and the El Paseo
Sculpture Exhibition be maintained to Palm Desert's standards.
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June 10, 2021 - Staff Report
Public Art Collection Maintenance
Page 3 of 3
Fiscal Analysis
Funds are anticipated to be available in the public art fund, Account Number 4364650-
4337200 upon approve of the City's FY 2021/2022 Budget. No general fund monies will
be expended.
Funds for the FY 2021/2022 contract in the amount of $55,200 and unexpected repairs
in the amount of $5,000.00 were included in the FY 2021/2022 budget request.
There is no fiscal impact on the General Fund.
LEGAL REVIEW DEPT. REVIEW
2W}f
Robert W.
Hargreaves
City Attorney
MA
Martin Alvarez
Director of
Economic
Development
FINANCIAL
REVIEW
Ya.41. e1` 74?. 741p r i, e,
Janet M. Moore
Director of Finance
City Manager, Todd L. Hileman: L. Todd F ct/Kai/,
ATTACHMENTS: Public Art Maintenance Contract
Same Day Express Bid
ASSISTANT
CITY MANAGER
.Andy Firestine
Andy Firestine
Assistant City
Manager
CITY COUNCILAC'�TON
APPROVED VV . DENTED
RECEIVED OTHER
MEETING DATE 0 I. V • 'L(-) 2 I
AYES: a"n K,TQnCtthin1 NestandP1Mid-tin/II(11
4Keily)
NOES: Ni On
ABSENT: None
ABSTAIN* Nt9n�
VERIFIED BY. 1" & S 'rs
Original on File with City Clerk's Office
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CITY OF PALM DESERT
Contract No. C41660
SERVICES AGREEMENT FOR
MAINTENANCE SERVICES OF THE CITY OF PALM DESERT'S PUBLIC ART
COLLECTION AND THE SCULPTURES IN THE EL PASEO SCULPTURE EXHIBITION
1. Parties and Date. This Agreement is made and entered into this 10th day of June, 2021,
by and between the City of Palm Desert, a municipal corporation organized under the laws of
the State of California with its principal place of business at 73510 Fred Waring Drive, Palm
Desert, California 92260-2578, California ("City") and Same Day Express, a Sole Proprietor,
Palm Desert, California ("Vendor"). The City and Vendor are sometimes individually referred to
herein as "Party" and collectively as "Parties."
2. Terms and Conditions. The Parties shall comply with the Terms and Conditions
attached hereto as Exhibit "A" and incorporated herein by this reference.
3. Scope of Services; Schedule. The Vendor shall be solely responsible for providing all
materials, labor, tools, equipment, water, light, power, transportation, and superintendence of
every nature and all other services and all facilities necessary to execute, complete, and deliver
the services as particularly described in the Scope of Services ("Services") attached hereto as
Exhibit "B" and incorporated herein by this reference. The Services shall be completed timely
and in accordance with the Schedule of Services set forth in Exhibit "B".
3.1 Licenses, Permits, Fees, and Assessments. Contractor shall obtain all
required licenses and permits such as a City of Palm Desert Business License, Encroachment
Permit, provide a completed W-9 form, and approvals as may be required by law for the
performance of the services required by this Agreement.
4. Term. The term of this Agreement shall be from July 1, 2021 to June 30, 2022, unless
earlier terminated as provided herein.
5. Compensation. Vendor shall receive compensation for Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by this
reference. The total compensation shall not exceed Fifty -Five Thousand Two Hundred Dollars
and no cents ($55,200.00) per fiscal year ("Agreement Price") and Eighty Dollars and no cents
($80.00) per hour in an amount not to exceed Five Thousand Dollars and no cents ($5,000.00)
for additional work as requested by City, which will constitute full compensation and payment for
all services to be performed under this Agreement. If mutual agreement between both parties,
the contract may be renewed yearly for three (3) years upon City Council approval. Payment
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CONTRACT NO. C41660
will be made as established by Exhibit "C". Vendor's invoices shall include a detailed description
of the Services performed. Invoices shall be submitted to the City on a monthly basis. The City
shall review and pay all non -disputed and approved charges on such invoices in a timely
manner. Vendor shall submit its final invoice to the City within thirty (30) days from the last date
of Services performed and failure to do so shall result in a waiver of payment from the City.
6. Insurance. In accordance with Exhibit "A", Section C of the Terms and Conditions,
Vendor shall, at its expense, procure and maintain for the duration of the Agreement such
insurance policies as checked below and provide proof of such insurance policies in a form
satisfactory to the City.
Commercial General Liability Insurance:
X $1,000,000 per occurrence/$2,000,000 aggregate.
Automobile Liability:
X $1,000,000 combined single limit for bodily injury and property damage.
Workers' Compensation:
X Statutory Limits / Employer's Liability $1,000,000 per accident or disease and
a waiver of subrogation in favor of the City and its respective officers, agents, employees,
volunteers and representatives.
Professional Liability (Errors and Omissions):
❑ Errors & Omissions liability insurance with a limit of not less than $1,000,000
per claim and in the aggregate.
Pollution Liability:
❑ Environmental Impairment Liability Insurance written on a Contractor's
Pollution Liability form or other form acceptable to the City providing coverage for liability
arising out of sudden, accidental and gradual pollution and remediation. Policy limit shall
be no less than $1,000,000 dollars per claim and in the aggregate. All activities
contemplated in this Agreement shall be specifically scheduled on the policy as "covered
operations." The policy shall provide coverage for the hauling of waste from the Project
site to the final disposal location, including non -owned disposal sites.
Fidelity Coverage:
❑ Fidelity coverage on a blanket fidelity bond or other acceptable form. Limits
shall be no less than $1,000,000 per occurrence.
Cyber Liability:
❑ Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which
shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and regulatory
fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or
tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under
the contract for Vendor to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or
misappropriation of ideas, domain name infringement or improper deep -linking or
framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.
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[SIGNATURES ON THE NEXT PAGE]
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CONTRACT NO. C41660
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY:
CITY OF PALM DESERT
A municipal corporation
Kathleen Kelly, Mayor
ATTEST:
M. Gloria Sanchez, Acting City Clerk
CONTRACTOR:
Brett Fiore
Brett Fiore
Same Day Express
P.O. Box 111
Palm Desert, California 92261
760-275-2779
APPROVE AS TO FORM:
Robert W. Hargreaves, City Attorney
REVIEWED BY:
Martin Alvarez
Director of Economic Development
4
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CONTRACT NO. C41660
EXHIBIT "A"
TERMS AND CONDITIONS FOR SERVICES
1. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor certifies that it
fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. By its signature hereunder, Vendor certifies that it is aware of
the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance
of the Services. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant
for employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and
"maintenance" projects. If the work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair,
Vendor agrees to fully comply with such Prevailing Wage Laws, including, along with subcontractors, being registered with the Department of Industrial
Relations (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code
provisions, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code § 1777.5),
certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and subcontractors
(Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement.
2. Standard of Care. The Vendor shall perform the Services in accordance with generally accepted professional practices and principles and in a manner
consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions.
3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement: A. Commercial General Liability
Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 0001). The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured
contract" language will not be accepted; B. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -
owned, rented, and hired vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile liability, Code
1 (any auto); C. Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance; and if applicable, as determined by the
City's Risk Manager, D. Professional Liability (Errors and Omissions), if applicable, shall cover the Services to be performed in connection with this
Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Vendor agrees to
maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, and its elected or appointed
officers, agents, officials, employees, volunteers, and representatives or shall specifically allow Vendor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City of Palm
Desert and its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers
and insurance clauses from each of its subcontractors. Workers compensation coverage shall have a waiver of subrogation endorsement in favor of the
City of Palm Desert, and its respective officers, agents, employees, volunteers and representatives. Insurance carriers shall be licensed and authorized to
do business in California. Such insurance carrier shall have not less than an "A-:VII" rating according to the latest Best Key Rating, unless otherwise
approved by City's Risk Manager. Vendor shall add the City, and its respective officers, officials, employees, agents, volunteers and representatives as
additional insureds on Vendor's Commercial General Liability, Automobile Liability, and if applicable, Pollution Liability and Cyber Liability policies.
Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute
with it. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required
by giving the Vendor advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may
renegotiate Vendor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced
written notice.
4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City's choosing), indemnify and hold the City, and its
respective officials, officers, employees, volunteers, agents and representatives free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, "Claims"), in
any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Vendor's Services, the project, or this Agreement, including without
limitation the payment of all expert witness fees, attorney's fees and other related costs and expenses except such loss or damage caused by the sole
negligence or willful misconduct of the City. Vendor's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be
restricted to insurance proceeds, if any, received by the City, or its respective officials, officers, employees, agents, volunteers or representatives. If
Vendor's obligation to defend, indemnify, and/or hold harmless arises out of Vendor's performance as a "design professional" (as that term is defined
under Civil Code § 2782.8), then, and only to the extent required by Civil Code § 2782.8, which is fully incorporated herein, Vendor's indemnification
obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor, and, upon
Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor's liability for such claim, including the cost to defend, shall not exceed
the Vendor's proportionate percentage of fault.
5. Laws: Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce
any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to
Vendor. In such event, the City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and
other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by the City of any portion of the
Services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein.
Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services.
Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar day's written notice to the City only in the event
of the City's failure to perform in accordance with the terms of this Agreement through no fault of Vendor.
Ex. A-1
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CONTRACT NO. C41660
7. Chanaes. By written notice, the City may from time to time, make changes to the Services furnished to the City by Vendor. If such change causes an
increase or decrease in the Agreement Price or in the time required for performance, Vendor or the City shall promptly notify the other party thereof and
assert its claim for adjustment within fifteen (15) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this
clause shall excuse the Vendor from proceeding immediately with the Agreement as changed.
8. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third party beneficiaries
of any right or obligation of the Parties. This is an integrated Agreement representing the entire understanding of the Parties as to those matters contained
herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties
or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content or intent of this Agreement. The unenforceability, invalidity or illegality of any provision(s) of this
Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United
States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor
is retained as an independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City.
Vendor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Vendor
hereto.
Ex. A-2
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CONTRACT NO. C41660
EXHIBIT "B"
SCOPE OF SERVICES; SCHEDULE OF SERVICES
SCOPE OF WORK: The City of Palm Desert's public art collection consists of seventy-
three (73) artworks in its permanent collection and eighteen (18) sculptures in the
medians on El Paseo. More specific project requirements are as follows.
Seventv-three (73) pieces of the permanent collection
1. Cleaning of all seventy-three (73) artworks will be required two (2) times each year
throughout the duration of the contract (July 1, 2021 — June 30, 2022) which includes
dusting, washing, and waxing.
2. Minor conservation work will be performed as required in addition to the required two
times a year cleaning (removing corrosion, graffiti, flaking, paint, water deposits, etc.).
Occasional placement of signage and installation of plaques may be needed.
Contractor may be called upon at any time to perform minor conservation work and
must be able to respond on site within two (2) hours in the case of emergency.
3. A detailed written report shall be included with the monthly invoice stating the condition
of the artwork before cleaning was completed as well as details of work performed.
Invoices shall be sent to the Business Advocate in the Public Art Division.
4. Color photographs of artworks before and after treatment should be taken by the
contractor and included with the monthly invoice.
5. The contractor will provide staff with detailed information, including color photographs,
on any conservation or vandalism problems that may have occurred to the art. The
need for restoration work will be discussed with staff on a case -by -case basis prior to
work being completed. All damage or vandalism to any artwork should be reported to
the Public Art Department immediately.
6. During the one (1) year contract, additional artworks may be added to the collection
which will not increase the amount of the contract. However, any added artwork will
be considered depending on level of maintenance required.
7. The two (2) water features located on eithr end of El Paseo require specific
maintenance on a monthly basis in addition to regular maintenance. Water must be
drained and flushed from the basins of the fountains and replenished.
8. The artwork at the Palm Desert Aquatic Center consists of stained designs integrated
into the concrete deck between the pool and the changing rooms. Specific chemicals
need to be used to clean the surface once a month. Stain touch up and sealing of the
artwork is required two (2) times a year.
9. Supplies are to be provided by Contractor.
Ex. B-1
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CONTRACT NO. C41660
The City of Palm Desert's permanent collection includes the following artworks.
Art Piece
"C" is for Cat
Dance of Discovery
Giraffe
Perpetual Motion
Puffed up Prince
Reminiscing
Scroll Fence
Balance
CA Quail, Pear Cactus, Lizards,
Sunflowers and Snowbirds
Off the Wonderland Trail
Colleagues
Coyote Benches
Danseur
Desert Dessert
Desert Flower/Desert Star
Dreamer
Holocaust Memorial
Legends Field
Messenger of the Puul
Midstream
Mother Child Sculpture Garden
Neoglyphs
Peace Memorial
Swim, Dive, Play
Proceed with Caution
Murals (3)
Rose Garden
Self -Preservation -Revised
Mesa
Today
Two Moons
One on One
R. Hero
Agave
Baja Palapa
Untitled
Fat Happy/Bus Shelter
Location
Library
Library
Library
Library
Library
Library
Library
Civic Center (Sheriff's Station)
Civic Center (Amphitheater)
Civic Center (Amphitheater)
Civic Center (Sheriff's Station)
Civic Center Park
Civic Center (in front)
Civic Center Park
Civic Center (Two Story Building)
Civic Center Park
Civic Center Park
Civic Center Park (Baseball fields)
Civic Center Park (Fred Wrng Entrance)
Civic Center Park
Civic Center (east of Tot Lot)
Civic Center Park (Throughout)
Civic Center Park (San Pablo Entrance)
Civic Center Park Aquatic Center
PD Aquatic Center
PD Aquatic Center
Civic Center Park
Civic Center Park
Civic Center Park
Civic Center Park (Baseball fields)
City Hall (North Wing Building)
Historical Society
Median in front of Historical Society
Fred Waring (east of San Pascual)
Fred Waring and Primrose
Fred Waring and Portola (NW corner)
Hwy III and San Luis Rey
Ex. B-2
Medium
Bronze
Mosaic
Bronze
Stainless Steel
Bronze
Bronze
Stainless Steel
Wood/Acrylic Paints
Bronze
Concrete
Bronze
Painted Steel
Powder Coat Steel
Bronze
Bronze/Marble
Bronze
Bronze
Bronze, terrazzo
Stone
Marble, stone
Stain on concrete
Bronze
Murals
Mosaic, tile, cncret
Bronze
Corten Steel
Painted metal
Bronze bas relief
Bronze
Painted Aluminum
Alum. Fuel Tanks
Concrete, mosaic
Bronze
Powder Coat Finish
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CONTRACT NO. C41660
Palm Desert Obelisk
The Roadrunner (entry sign)
Aspiration
Caftan
Charger
Radiance
Clifford Henderson Bust
Sunrise, Sunset
Mountain Lions
Passing It Along
Agave (Entry Sign)
Gravity Wave (Entry Sign)
Lily Pad Bench
Reaching Glory
Pathways Through Life
Desert Road Fence
Marfa
For Our Freedom
Ascension
Recycle
A Birdie on the 18th
Bighorn Sheep
Desert Bloom
Fred's Skies
Sun Catcher
Aztec Scout
Oasis
Lincoln Leopards Love to Read
Oasis
Equality
Respect
Kindness
Duality
Urban Tree
Chihuly Chandelier
Desert Bloom
We Can do This
Palm Desert Country Club Entrance
Washington/Fred Waring (NW corner)
El Paseo and Highway III, East end
El Paseo and Highway III, West end
Hwy 74 and El Paseo
San Pablo and Santa Rosa
El Paseo Median
Hwy 74 and Haystack
Living Desert
Joslyn Center (Catalina Way)
Hwy III (From Indian Wells)
Hwy III (From Rancho Mirage)
El Paseo and Sage
El Paseo Medan (west of Hwy 74)
El Paseo Medan (west of Hwy 74)
Near PD Soccer Park
El Paseo and Portola
Freedom Park
Wells Fargo Bank (Hwy 111/Monterey)
El Paseo Median west of Hwy 74
El Paseo and San Pablo
Corner Fred Waring/COD
Corner Fred Waring/COD
Fred Waring/Town Center Way
El Paseo and Larkspur
Fred Waring and Phyllis Jackson
Fred Waring and Portola
Portola and Mag. Falls
Fred Waring and Portola
Highway 111 and Monterey
Highway 111 and Fred Waring
El Paseo and San Luis Rey
Desert Willow Drive
Desert Willow Drive
Desert Willow Clubhouse
Desert Willow Golf Resort
Carlos Ortega Villas
Ex. B-3
Mosaic
Bronze & Stainless
Painted Concrete
Bronze
Painted Steel
Steel/bicycle wheels
Bronze
Patina
Bronze
Bronze
Stone
Stone
Stainless Steel
Painted metal
Painted metal
Painted Fence
Painted steel
Bronze
Painted steel
Recycled materials
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Traffic Sig. Cabinet
Stainless Steel
Stainless Steel
Blown Glass
Stone with Glass
Mosaic
Revised 03-08-2021
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CONTRACT NO. C41660
Eighteen (18) Sculptures on El Paseo
1. The work will consist of monthly cleaning as per the artist or the artist representative's
instructions (included) for each sculpture. In lieu of specific instructions, the minimum
monthly cleaning will consist of dusting, washing (with purified water and non-abrasive
sponge), and drying with a soft, lint free towel. Sculptures that require waxing will be treated
twice a year.
2. The sculptures, pads, and lighting fixtures will be dusted and cleared of spider webs and
debris.
Art Piece, Artist
S
Flyte, Eino Romppanen
Seasonal Rotation, Jennifer Kapnek
Fossils of the Future, Tyler Burton
Basics #41, Matthias Neumann
Let's Dance, Tammy Holland
Anza-Borrego, Christopher Puzio
Ode to Marshmallows, Norma Pizarro
One Another, Maxwell Carraher
Kites IV, Cat Chiu Phillips
Golfer, Charles Fitzgerald
Palm Desert Window, Billy Joe Miller
Waterfall Moon, Michelle O'Michael
Hoodoos, Joan Benefiel
Portal, Jon Seeman
Self -Titled (Any One) Brian Zimmerman
Merlin's Music, Nancy Mooslin
Celestial Cluster, Adrian Susnea Litman
Family, Chris O'Rourke
Location
El Paseo and Ocotillo (CPK), Pad 1
Between Ocotillo and Sage, Pad 2
Between Ocotillo and Sage, Pad 3
Between Ocotillo and Sage, Pad 4
Between Ocotillo and Sage, Pad 5
Between Sage and Lupine, Pad 6
Between Sage and Lupine, Pad 7
Between Lupine and San Pablo, Pad 8
Between Lupine and San Pablo, Pad 9
Between San Pablo and Larkspur, Pad 10
Between San Pablo and Larkspur, Pad 11
Between San Pablo and the Gardens, Pad 12
Between Larkspur and San Luis Rey, Pad 13
Between Larkspur and San Luis Rey, Pad 14
Between San Luis Rey and Portola, Pad 15
Between San Luis Rey and Portola, Pad 16
Between San Luis Rey and Portola, Pad 17
El Paseo and Portola, Pad 18
Ex. B-4
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CONTRACT NO. C41660
EXHIBIT "C"
COMPENSATION
Method of Payment. Provided that Contractor is not in default under the terms of this Agreement,
Contractor shall be paid upon approval of invoices billed on a monthly basis in the amount of Four
Thousand Six Hundred Dollars and no cents ($4,600.00), for a total of Fifty -Five Thousand Two
Hundred Dollars and no cents ($55,200) annually, following work performance. Contractor will
be paid Eighty Dollars and no cents ($80.00) per hour for additional work as requested by City.
Payment shall be issued by the City of Palm Desert within thirty (30) days of approval of detailed
invoices and requests for payment. A detailed written report shall be included with the monthly
invoice stating the condition of the artwork before cleaning was completed as well as details of
work performed. List of work competed for that month must be provided with the invoice. Color
photos of artworks before and after treatment should be taken by the contractor and included with
the monthly invoice.
Ex. C-1
Revised 03-08-2021
BBK 72500.00001\32374915.1
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•Art Maintenance •Restoration •Conservation •Installation
May 10, 2021
Attached please find our company's proposal to maintain the City of Palm Desert's Public Art
collection.
Signature Sculpture is a locally owned & operated company. Public Art maintenance is our
primary area of expertise. Over the last consecutive 18 years here in the valley, we have
worked with cities through their public art programs as well as top galleries on El Paseo.
We currently hold The Public Art maintenance contract(s) for several of the local cities here in
the Coachella Valley. This has provided us hands-on working knowledge of the scope & vast
diversity of the local art collections. We have also developed and maintained good working
relationships with the city support staff teams over the last 18 years.
It would be a privilege to continue servicing the City of Palm Desert. We would deliver the
work scope (of the permanent collection) on a rotational monthly basis to best manage such
a large inventory. This would allow us to do multiple visual inspections on each piece in
addition to the maintenance schedule. El Paseo exhibition would be maintained monthly per
scope requirements.
Thank you for your consideration.
Sincerely,
8,Ae-tt- 1cctre-
Brett Fiore, Owner Operator
SLOVLature sculpti,cre
79350 Four Paths Lane, Bermuda Dunes CA 92203
760-275-2779 e: sianaturesculotureod+vahoo.com
www.SignatureScuipture.com
1
Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to
furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the
terms and conditions of the RFP."
Experience and Technical Competence:
Background:
■ Signature Sculpture (a division of Same Day Express) is a locally owned and operated art
maintenance and restoration firm. We have been in business in California since 2002 and operate
under a single -member LLC (Tax ID#: 46-3165061)
■ We have developed a vast and very diverse client list over the past 18 years.
■ We are proud to say the majority of our work Is done right here in the valley but have also been
hired to do out of area projects - strictly from referrals.
■ Art maintenance and restoration is our primary area of focus.
■ Our team consists of highly skilled artisans with thousands of hours of hands-on experience, in all
mediums of art.
Experience with similar service as RFP:
1 We have held the Public Art Maintenance contract with the City of Palm Desert for the last
consecutive 12 years.
2. We have held the contract to install and de -install the "18 piece El Paseo collection" for the last
12 years. This involves working closely with the various artists in addition to the City.
3. Worked with the Palm Springs Art Museum to install the large white monumental Betty Gold
sculpture.
4. We've held the maintenance contract for the outdoor sculpture collection at Sunnylands since
2010.
5. We've completed several large-scale (in excess 40,000 SF) restoration projects of stunning
copper roofs on private residences in BIGHORN & The Vintage Country Club.
6. Worked with one of the deserts' top architects, Kristi Hansen to achieve desired patina'd finish
on custom projects & homes.
7. We maintain contracts with the County of Riverside for sculpture maintenance at the Sheriff's
Station & Indio courthouse.
8. We maintain the contract with City of La Quinta for their public art maintenance program.
9. We are contracted by Eisenhower Medical Center for weekly maintenance of their Chihuly glass
boat water feature. In addition, we maintain several other sculptures throughout their campus
on a monthly basis.
10. We are the "preferred contractor" for Sculpt Nouveau - the largest supplier of patinas and metal
coatings in the nation.
11. Have maintained a 15 year bi-annual agreement with the City of Cathedral City to install, move,
restore & maintain their public art collection.
12. Have performed restoration & maintenance services for many private residential art collections
& high -end galleries (i.e. Imago, Christian Hohmann, Heather James) throughout the valley.
Some of which have exact pieces included in this RFP.
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References:
1. City of La Qulnta
Jaime Torres, Analyst
(760) 777-7014 email: jtorres@laguinta.aov
78495 Calle Tampico, La Quinta CA 92253
• Contracted to maintain City of La Quinta Public Art Collection.
2. City of Cathedral City
Deanna Pressgrove, Environmental Conservation & Public Works Manager
(760) 770-0369 email: d res rove@cathedralcitv.aov
68700 Avenida Lolo Guerrero, Cathedral City, CA 92234
• Contracted to maintain City of Cathedral City Public Art Collection since 2004
3. The Annenburg Retreat at Sunnylands
Anne Rowe, Director of Collections and Exhibits
(760) 202-2252) email: arowe_s nvlands.ora
37977 Bob Hope Dr, Rancho Mirage, CA 92270
• Contracted to maintain the museum's public art collection (on a monthly basis) since
2012.
Staff/Team:
■ Owner of Signature Sculpture and entire team are local residents of the Coachella Valley.
➢ Owner, Operator: Brett Fiore will be hands-on Project Manager
➢ Supervisor: Daniel Vergara
➢ Additional Team Members for this project will include:
o Miguel Cortez
o Israel Garcia
o additional 3-4 PT skilled members available on rotation "as -needed" basis
➢ Office Manager: Marjorie Adams -Fiore
Every member of our small team is highly skilled in all aspects of art restoration and maintenance. They
work together seamlessly and are loyal to the company as well as each other.
Developing a small team ensures each member has been exposed to thousands of hours of hands-on
experience in all types of mediums.
Every team member listed above has worked in all aspects of maintaining the current public art
collections throughout the valley - providing them exposure to large and small scale outdoor public
artwork. Various art mediums include - (but are not limited to): Mosaics, Copper, Glass, Bronze,
Stainless Steel, Paint, Patinas, Water features, Wood, Stain on Concrete, Marble, Terrazzo, Stone &
Corten Steel.
■ Signature Sculpture does not subcontract any portion of scope of services.
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Proposed method to Accomplish the Scope:
Having held the public art maintenance contract for the last 12 years - we are very -well -versed on how
best to manage a collection of this size all throughout the year.
> Permanent collection: Approach would be to target 12-15 pieces each month. Work will be
"batched" either by location - or by method (all bronze pieces, hot wax application, etc.)
By addressing 12-15 pieces each month, it allows us to visually inspect additional pieces
more frequently. This has proven to be the most efficient and advantageous way to monitor
the entire collection more frequently throughout the calendar year vs. just 2 times a year.
This also allows up to be proactive in identifying damage, graffiti, or repair issues on a greater
portion of the collection more frequently.
> We understand & already adhere to a standard operating procedure of providing before &
after color photos of all artwork with invoice submission. We also routinely report any change
in condition issues encountered.
➢ I can confidently say we have personally inspected & maintained each piece as identified
in Atlachment "A" - we have an intimate working knowledge of the El Paseo fountains and
have perfected the maintenance/sealing, touch-up of artwork at Palm Desert Aquatic
Censer.
➢ We have a crystal-clear understanding - due to performing the exact work as outlined in the
RP - of what is required and expected. I'd like to add that we have established & optimized
a cleaning protocol that is specific to each Individual piece because not all finishes /
materials / surfaces respond the same to traditional cleaning methods.
> RE: Attachment "A" please know this is exactly what we do now on a regular basis, except El
Paseo has been maintained twice a month. We will change that schedule to monthly.
Fee Proposal:
Cost to maintain the artworks (& related services) as outlined in Attachment "A" Scope of services
➢ Permanent collection
> El Paseo Sculpture Exhibition
➢ Hourly rate for "additional work"
(note: min. standard is 2 men + truck)
4
= $41,400.00
= $13.800.00
= $80/hr. per man
Appendices:
a) Litigation or claims: nothing to report
b) Project team resume: as indicated in staff / team section on page 3 - our small, highly skilled
team of artisans are all local residents and have been working together - seamlessly - for several
years. This has allowed them to establish a rhythm & momentum that produces quality and
efficient work. 80% of their workday is directly related to working with public art.
* Brett Fiore established the company in 2007.
* Daniel Vergara joined the team in 2010 and is now a Supervisor in all areas.
* Miguel Cortez came aboard in 2014.
* Israel Garcia is a patina specialist who began working with the team in 2006 during high
volume season and on special projects. He has been full-time now for 4 years.
Through years of practical application experience, every team member has perfected their
skillset to equal levels and can work independently if needed.
c) No objections or changes
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