HomeMy WebLinkAboutC35620 - Deinstallation and Installation of El Paseo ExhibitionCONTRACT NO. C35620
CITY OF PALM DESERT /( r j
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approve Contract Number C 35620 with Same Day Express in the
amount of $4,680 for deinstallation of the 2015/2016 El Paseo
Exhibition and installation of the 2017/2018 El Paseo Exhibition
SUBMITTED BY: Deborah S. Glickman, Management Analyst
DATE: August 25, 2016
CONTENTS: Draft Contract
Proposal from Same Day Express
Recommendation
By Minute Motion, approve Contract Number C35620 with Same Day Express in
the amount of $4,680 for deinstallation of the 2015/2016 El Paseo Exhibition and
installation of the 2017/2018 El Paseo Exhibition. Funds are available in Account
Number 4364650-4400200.
Strateqic Plan
The El Paseo Exhibition furthers the Arts and Culture Priority 2 which sets the goal of creating
an arts district in Palm Desert.
Backaround
Every two years the artworks on El Paseo need to be deinstalled to allow installation of a new
exhibition. In order to work efficiently and ensure the artwork removal and installation is a
smooth transition, it is necessary to have deinstallation and installation expertise and
equipment outside of those possessed by City staff.
Staff posted a Request for Quotes on the City's bulletin board and received one (1) quote by
Same Day Express. Staff is requesting approval to enter into a contract with Same Day
Express to deinstall seventeen (17) sculptures from the 2015/2016 El Paseo Exhibition,
deinstall and relocate one (1) sculpture from the 2015/2016 El Paseo Exhibition, and install
eighteen (18) sculptures for the 2017/2018 El Paseo Exhibition. The City purchased "Enduring
Tradition" by Gerald Clarke Jr. from the 2015/2016 El Paseo Exhibition which will be relocated
from El Paseo to the Santa Rosa and San Jacinto Mountains National Monument Visitor Center
off of Highway 74 in Palm Desert. This contract does not include crane or street closure
services, as those are contracted separately.
Staff Report
Award of Contract with Same Day Express
August 25, 2016
Page 2 of 2
Staff has worked with Same Day Express in the past and is confident in its expertise to fulfill the
contract.
Fiscal Analvsis
The financial obligation for FY 2016/2017 for the contract is $4,680 for services estimated
through November 18, 2016. All payments are from the Public Art Fund in Account Number
4364650-4400200. There is no impact to the General Fund.
Submitted By:
Deborah S. Glickman, Management Analyst
anet oore, Director of Finance
Approval:
Jus,WMkCarthy, Interim City M4aaAer
Department Head:
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_ V
Ryan StLyndell,
Director of Community Development
CONTRACT NO. C35620
CONTRACT SERVICE AGREEMENT FOR
Deinstallation and installation of the El Paseo Exhibitions, artworks as part
of the City of Palm Desert's Public Art collection.
THIS CONTRACT SERVICE AGREEMENT (herein "Contract") is made and
entered into this 25th day of August 2016, by and between the City of Palm
Desert, a California municipal corporation (herein "City") and Same Day Express
LLC a Palm Desert, California Limited Liability Company (the "Contractor').
NOW, THEREFORE, the parties hereto agree as follows.
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and
conditions of this Contract, the Contractor shall perform the work or
services set forth in the "Scope of Services" attached hereto as
Attachment "A" and incorporated herein by reference. Contractor warrants
that all work and services set forth in the "Scope of Services" will be
performed in a competent, professional, and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder
shall be provided in accordance with all ordinances, resolutions, statutes,
rules, and regulations of the City and any Federal, State, or local
governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees, and Assessments. Contractor shall obtain
at its sole cost and expense such licenses, permits, as well as a City of
Palm Desert Business License and approvals as may be required by law
for the performance of the services required by this Contract.
2.0 COMPENSATION AND PAYMENT SCHEDULE
2.1 Contract Sum. The City shall pay the Contractor an amount not to
exceed Four Thousand Six Hundred Eighty Dollars and no cents
($4,680.00), which will constitute full compensation and payment for all
services to be performed under this Contract including execution,
fabrication, and/or agent travel, and transportation. Payment will be made
in accordance with schedule established in 2.2 and 2.3 following. Final
payment will be made upon satisfactory completion of contract services,
which shall be performed on or before December 31, 2016.
2.2 Commencement of Work. Two Thousand Three Hundred Forty
Dollars ($2,340) will be paid upon completion of deinstallation of 17
sculptures and the deinstallation and relocation of one sculpture from the
CONTRACT NO. C35620
2015/16 El Paseo Exhibition. Contractor shall provide the City with a
detailed invoice of work performed.
2.3 Final Payment. Two Thousand Three Hundred Forty Dollars
($2,340) will be paid upon completion of installation of 18 sculptures for
the 2017/18 El Paseo Exhibition. Contractor shall provide the City with a
detailed invoice of work performed. If the installation schedule changes
and artwork is installed after December 31, 2016, payment will be prorated
based upon number of sculptures installed to -date at a rate of $130.00 per
sculpture.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor, Brett Fiore, is hereby designated as
being the principal and representative of Contractor authorized to act in its
behalf with respect to the work and services specified herein and make all
decisions in connection therewith.
3.2 Management Analyst, public art, is hereby designated as being the
representative the City authorized to act in its behalf with respect to the
work and services specified herein and makes all decisions in connection
therewith the Management Analyst. The City Manager of City shall have
the right to designate another Contract Officer by providing written notice
to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall
not contract with any entity to perform in whole or in part the work or
services required hereunder without the express written approval of the
City. Neither this Contract nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written
approval of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode, or means by which
Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth. Contractor shall perform all services
required herein as an independent contractor of City and shall remain
under only such obligations as are consistent with that role. Contractor
shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of City.
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CONTRACT NO. C35620
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this
Agreement including any extension thereof, the following policies of insurance.
Without limiting Vendor's indemnification of City, and prior to commencement of
Work, Vendor shall obtain, provide and maintain at its own expense during the
term of this Agreement, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
General Liabilitv Insurance: Vendor shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG
00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000
general aggregate, for bodily injury, personal injury, and property damage,
including without limitation, blanket contractual liability.
Automobile Liability Insurance: Vendor shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Vendor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any
owned, hired, non -owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
Workers' Compensation Insurance: Vendor shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Vendor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City of
Palm Desert, its officers, agents, employees and volunteers.
Umbrella or Excess Liability Insurance Vendor may opt to utilize umbrella or
excess liability insurance in meeting insurance requirements. In such
circumstances, Vendor shall obtain and maintain an umbrella or excess liability
insurance policy with limits of not less than 4,000,000 that will provide bodily
injury, personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above, including commercial general liability and
employer's liability. Such policy or policies shall include the following terms and
conditions:
• A drop down feature requiring the policy to respond if any primary
insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
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CONTRACT NO. C35620
Insureds under primary policies shall also be insureds under the umbrella
or excess policies
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance: Vendor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement or workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Duration of Coveraqe: Vendor shall procure and maintain for the duration of the
contract, insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Vendor, his/her agents, representatives, employees or sub -
consultants.
Citv's Riqhts of Enforcement: In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right, but not the duty, to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by
Vendor, or City will withhold amounts sufficient to pay premium from Vendor
payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
Waiver of Subroqation: All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City
of Palm Desert, its elected or appointed officers, agents, officials, employees and
volunteers 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 City of
Palm Desert and shall require similar written express waivers and insurance
clauses from each of its sub -consultants.
Enforcement of Contract Provisions (non estoppel). Vendor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform
Vendor of noncompliance with any requirement imposes no additional obligations
on the City nor does it waive any rights hereunder.
CONTRACT NO. C35620
Specifications Not Limitinq: Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits
or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of
any type.
Notice of Cancellation: Vendor agrees to oblige its insurance agent or broker
and insurers to provide to City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten [10] day notice is required) or nonrenewal of
coverage for each required coverage.
Additional Insured Status: General liability policies shall provide, or be
endorsed to provide, that the City of Palm Desert and its officers, officials,
employees, and agents shall be additional insureds under such policies. This
provision shall also apply to any excess liability policies.
Citv's Riqht to Revise Specifications: The City 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 ninety (90) days 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.
Self -Insured Retentions: Any self -insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
Timely Notice of Claims: Vendor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Vendor's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies.
Additional Insurance: Vendor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the Work.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2
below, this Contract shall continue in full force from the date of signing.
5.2 Termination Prior to Expiration of Term. Either party may terminate
this Contract at any time, with or without cause, upon thirty (30) days'
written notice to the other party. Upon receipt of the notice of termination,
CONTRACT NO. C35620
the Contractor shall immediately cease all work or services hereunder
except as may be specifically approved by the Contract Officer. In the
event of termination by the City, Contractor shall be entitled to
compensation for all services rendered prior to the effectiveness of the
notice of termination and for such additional services specifically
authorized by the Public Arts Manager and City shall be entitled to
reimbursement for any compensation paid in excess of the services
rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under
or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin or ancestry in the
performance of this Contract. Contractor shall take affirmative action to
ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
6.2 Non -liability of City Officers and Employees. No officer or
employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or
for any amount, which may become due to the contractor or to its
successor, or for breach of any obligation of the terms of this Contract.
6.3 Conflict of Interest. No officer or employee of the City shall have
any financial interest, direct or indirect, in this Contract nor shall any such
officer or employee participate in any decision relating to the Contract
which effects his/her financial interest or the financial interest of any
corporation, partnership, or association in which he/she is, directly or
indirectly, interested, in violation of any State statute or regulation. The
Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this
Contract.
6.4 Notice. Any notice, demand, request, document, consent,
approval, or communication either party desires or is required to give to
the other party or any other person shall be in writing and either served
personally or sent by prepaid, first-class mail, in the case of the City, to the
City Manager and to the attention of the Management Analyst, City of
Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260,
and in the case of the Contractor, to the person at the address designated
on the execution page of this Contract.
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CONTRACT NO. C35620
6.5 Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be
construed for or against either party by reason of the authorship of this
Contract or any other rule of construction which might otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Contract and this
Contract supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the
parties, and none shall be used to interpret this Contract. This Contract
may be amended at any time by the mutual consent of the parties by an
instrument in writing.
6.7 Severability. In the event that part of this Contract shall be
declared invalid or unenforceable by a valid judgment or decree of a court
of competent jurisdiction, such invalidity or unenforceability shall not affect
any of the remaining portions of this Contract which are hereby declared
as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity
deprives either party of the basic benefit of his/her bargain or renders this
Contract meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or
remedy by a nondefaulting party on any default shall impair such right or
remedy or be construed as a waiver. A party's consent to or approval of
any act by the other party requiring the party's consent or approval shall
not be deemed to waive or render unnecessary the other party's consent
to or approval of any subsequent act. Any waiver by either party of any
default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Contract.
6.9 Attorney Fees. If either party to this Contract is required to initiate
or defend or made a party to any action or proceeding in any way
connected with this Contract, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorney fees, whether or
not the matter proceeds to judgment.
6.10 Corporate Authority. The persons executing this Contract on behalf
of the parties hereto warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this Contract
on behalf of said party, (iii) by so executing this Contract, such party is
formally bound to the provisions of this Contract, and (iv) the entering into
this Contract does not violate any provision of any other Contract of which
said party is bound.
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CONTRACT NO. C35620
IN WITNESS WHEREOF, the parties have executed and entered into this
Contract as of the date first written above.
CITY:
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, California 92260
760-346-0611
ROBERT A. SPIEGEL, MAYOR
RACHELLE D. KLASSEN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
CONTRACTOR:
Name: Same Day Express
Address: P.O. Box 920
Palm Desert, California 92261
760-275-2779
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CONTRACT NO. C35620
ATTACHMENT "A"
Scope of Services
The work will consist of deinstallation of eighteen sculptures located on El Paseo, including the
relocation of one of the eighteen sculptures, and installation of eighteen new sculptures.
The deinstallation of the eighteen existing sculptures, including the relocation of one of the
eighteen sculptures, will take place between September 29 and October 26. The installation of
the new eighteen sculptures is scheduled between November 8 and November 18, 2016.
During the deinstallation process, one of the artworks will be relocated to a pad near the Santa
Rosa and San Jacinto Mountains National Monument Visitor Center (Hwy 74). All dates and
times are tentative and subject to revision.
Contractor must provide a portable generator, ladders (10', 12'), hand tools for the removal of
various size bolts for deinstallation, an assortment of concrete drill bits, steel lag bolts,
anchors, ladder, an air compressor for cleaning of the newly drilled holes in the concrete pads,
and any other necessary tools, equipment, and materials (bolts in various sizes, epoxy, etc.)
required to complete deinstallation and installation.
Contractor will work with crane operators, handling, deinstalling, and installing large scale
sculptures.
Schedules for deinstallation of 2015/2016 El Paseo Exhibition and installation of 2017/2018 El
Paseo Exhibition are attached. Dates are subject to change.
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CONTRACT NO. C35620
The deinstallation dates are as follows.
Thursday, September 29, 8 a.m. — 12:30 p.m.
Tuesday, October 4, 8 a.m. — 12:30 p.m.
Monday, October 17, 8 a.m. — 1 p.m.
Friday, October 21, 9 a.m. — 10 a.m.
Tuesday, October 25, 8 a.m. — 11 a.m.
*Wednesday, October 26, 9 a.m. — 11 a.m.
One installation at 11 a.m. will occur on that day.
The installation dates are as follows.
*Wednesday, October 26, 11 a.m. — 12 p.m.
Tuesday, November 8, 8 a.m. — 12 p.m.
Wednesday, November 9, 9 a.m. — 12 p.m.
Thursday, November 10, 8 a.m. — 12 p.m.
Thursday, November 17, 10 a.m. — 12 p.m.
Friday, November 18, 8 a.m. — 12 p.m.
Dates are times are subject to change.
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CONTRACT NO. C35620
SAME DA Y EXPRESS
P.O. Box 920
Palm Desert, CA 92261
Phone (760) 275-2779
To: CITY OF PALM DESERT
Attn: Debbie Thompson
DESCRIPTION
18 PIECE EL PASEO COLLECTION:
DE -INSTALLATION OF CURRENT ART &
INSTALLATION OF NEW ART.
DATE: JULY 27, 2016
TERMS: PAYABLE UPON COMPLETION
JOB: EL PASEO ART COLLECTION
RATE TO BE $130.00 PER INSTALL/DE-INSTALL =
$4680.00 (rate includes all labor & materials)
We will submit invoice for $2340.00 when 18 pieces have
either been de -installed or re -installed. This will be
halfway point.
Final invoice for balance to be submitted upon completion
of change -out.
Make all checks payable to:
SAME DAY EXPRESS
Thank you for your business!
HOURS
TOTAL
Proposal
RATE AMOUNT
$4680.00