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HomeMy WebLinkAboutC32742 - Maintenance Servies for Public Art Collection and El Paseo ExhibitionX� CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: APPROVE SECOND AMENDMENT TO RENEW CONTRACT NUMBER C32740 WITH SAME DAY EXPRESS IN THE AMOUNT OF $39,996 FROM JULY 1, 2015 TO JUNE 30, 2016 FOR MAINTENANCE SERVICES FOR THE CITY OF PALM DESERT'S PERMANENT PUBLIC ART COLLECTION AND THE EL PASEO EXHIBITION SUBMITTED BY: Deborah Schwartz Glickman, Management Analyst DATE: April 9, 2015 CONTENTS: Contract C32740 Second Amendment to Contract Number C32742 Recommendation By Minute Motion: 1) Approve the second amendment to renew Contract Number C32740 with Same Day Express for its second extension in the amount of $39,996 from July 1, 2015 to June 30, 2016 for maintenance services for the City of Palm Desert's permanent public art collection and the El Paseo Exhibition. Funds are available in Account Number 436-4650-454- 3372; 2) authorize Mayor to execute the amendment. Background A request for maintenance services of the City of Palm Desert's public art collection went out to bid in April 2013 and Same Day Express was the lowest bidder. At its meeting of May 9, 2013, the City Council approved Contract Number C32740 with Same Day Express for one (1) year in the amount of $39,996. The terms of the contract were July 1, 2013 through June 30, 2014, renewable for three (3) years annually upon City Council's approval. The first contract amendment was approved by City Council on March 27, 2014 for services from July 1, 2014 through June 30, 2015. The services provided by Same Day Express have been excellent and staff recommends its second extension to the contract for services from July 1, 2015 through June 30, 2016. Approval of staff's recommendation to extend the contract will ensure uninterrupted maintenance services to the permanent public art collection and the El Paseo Exhibition. Staff Report Amendment of Contract to Same Day Express April 9, 2015 Page 2 of 2 Fiscal Analysis The financial obligation for FY 2015/2016 for the contract amendment is $39,996 for services from July 1, 2015 through June 30, 2016, which is the same amount as FY 2014/2015. All payments are from the Public Art Fund in Account Number 436-4650-454- 3372. There is no impact to the General Fund. Submitted By: c' Deborah Schwartz Glickman, Management Analyst Paul Gibson, Director of Finance ohn M. Wohlmuth, City Manager Department Head: "- Lauri Aylaian, 1- Director of Community Development C Lntract No. C32740 CONTRACT SERVICES AGREEMENT FOR MAINTENANCE SERVICES OF THE CITY OF PALM DESERT'S PUBLIC ART COLLECTION AND THE SCULPTURES IN THE EL PASEO INVITATIONAL EXHIBITION THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this 9th day of May 2013, by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and Same Day Express (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 Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as "Exhibit 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 licenses and permits such as a City of Palm Desert Business License, Encroachment Permit, and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION AND PAYMENT SCHEDULE 2.1 Contract Sum. The City shall pay the Contractor an amount not to exceed Thirty Nine Thousand Nine Hundred Ninety Six Dollars and no cents ($39,996.00) for twelve (12) months, 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 reviewed yearly for three (3) years upon City Council approval. Payment will be made as established by Exhibit "A". Final payment will be made upon satisfactory completion of contract services. 2.2 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 Three Thousand Three Hundred Thirty ' Contract No. C32740 Three Dollars and no cents ($3,333.00) following work performance. Payment shall be issued by the Public Art Coordinator within thirty (30) days of approval of detailed invoices and requests for payment. List of work completed for that month must be provided with the invoice. 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 Public Art Coordinator 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 Public Art Coordinator. 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 Agreement 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. 4.0 INSURANCE, INDEMNIFICATION, AND BONDS 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 Liability Insurance: Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG tuntract No. C32740 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. 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 Coverage: Vendor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, �Ontract No. C32740 which may arise from or in connection with the performance of the Work hereunder by Vendor, his/her agents, representatives, employees or sub - consultants. City's Rights 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 Subrogation: 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. Specifications Not Limiting: 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. Contract No. C32740 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. City's Right 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, the term of this Agreement shall commence as of July 1, 2013 and shall continue through June 30, 2014. The parties hereto further agree that they may renew this Agreement for three (3) years as long as (1) both parties hereto agree; (2) funding is available; (3) the City Council approves each extension; (4) Same Day Express is not in default under the terms of the Agreement. Execution is complete when all parties have signed the agreement. Agreement is subject to annual budget approval by the City Council. If not approved during the budget process the agreement will be cancelled according to the termination procedures outlined below. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, 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 Art Coordinator and City Contractor shall be Contract No. C32740 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 Agreement. 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 Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he 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 Agreement. 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 Contract Officer, 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 Agreement. 6.5 Interpretation. The terms of this Agreement 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 Agreement 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 Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and C_ Lntract No. C32740 none shall be used to interpret this Agreement. This Agreement 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 Agreement 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 agreement 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 their bargain or renders this Agreement 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 Agreement. 6.9 Attorney Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, 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 Agreement 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 Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement of which said party is bound. (Remainder of this page has been intentionally left blank; Signature blocks contained on the next page.) C CONTRACTOR'S PROPOSAL FOR MAINTENANCE OF THE CITY OF PALM DESERTS PUBLIC ART COLLECTION AND THE SCULPTURES IN THE EL PASEO INVITATIONAL EXHIBITION It is understood that the lump sums shown hereon, include all tools, equipment, materials, cleaning supplies, labor, overhead, profit, and Incidental costs required to perform the respective line item. Item # Item Description Quantity Lump Sum Mo. Payment 1. Public Art Collection 56 artworks D jo,T 2. El Paseo Ex. 18 sculptures t 7 g ��� #q10,13 TOTAL MONTHLY BID PRICE $ $55!), n TOTAL ANNUAL BID PRICE $ 39,91 6 oo-D TOTAL ANNUAL BID AMOUNT IN WORDS jh iY ►�ir►21 i'LL��^'i rl s % -� o u tI n,- d- r o t�+s, IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth. By: Title: Signature lrtff r0�� awe Contractor Page 6 of 11 (NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT.) INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. Address WE-j'rS Telephone 76 Type of Firm (Individual, Partnership or Corporation) Sole P.Yw5S u� Corporation organized under the laws of the State of r�o U-t Business License No. 1 a- 00Y3- g Exp. Date .315/ /4/ Number of years' experience in cleaning and maintenance of public artworks. ID ��S List all mediums you have maintained and have experience with. 6nnz —, 54&A t (o Id "1-<<.l 4 (Al rodtJ . Sly .� �csS e� , f{'�� a.,,.N-.�, •,iss, �' �di , 5-1orl" tkww- I -T J List three references of similar projects completed in the last three years. type of work completed, company name, current contact person, and phone number. hj.*n, 4 List the names and addresses maintenance of the City of Palm Invitational Exhibition. Subcontractor's Name t-111 �t-1k.dm-i ei Include contact ("j6 0�-no 63?0 1 "N fn -742 of each subcontractor 'who will perform the Desert's Public Art collection and the El Paseo Page 7 of 11 Lntract No. C32740 IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the date first written above. CITY: CITY OF PALM DESERT, A municipal corporation N C. HAfkrWK, MAYOR ATTEST: RAC14ELLE D. KLASSEN, CI LERK CONTRACTOR: BRETT FIORE Mr. Brett Fiore Same Day Express P.O. Box 920 Palm Desert, California 92261 760-275-2779 David J. Erwin, -City Allomey' Contract No. C32742 CONTRACT SERVICES AMENDMENT FOR MAINTENANCE SERVICES OF THE CITY OF PALM DESERT'S PUBLIC ART COLLECTION AND THE SCULPTURES IN THE EL PASEO EXHIBITION THIS CONTRACT SERVICES AMENDMENT (herein "Amendment") is made and entered into this 9th day of April 2015, by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and Same Day Express (the "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: A. Section 5. RESPONSIBILITY OF THE PARTIES is amended to change the time period of the term in sub -section 5.1 as amended, to July 1, 2015 to June 30, 2016 and to add the following paragraph to the end of the existing section: "The term of this Agreement is extended, and shall include the time period from July 1, 2015 through June 30, 2016. City or Contractor may terminate this Agreement, as amended, for no cause, on the giving of thirty (30) days' written notice to the other party." B. All other terms and conditions of the Agreement, as amended, shall remain unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the date first written above. CITY OF PALM DESERT SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK Contract No. C32742 APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY CONTRACTOR: SAME DAY EXPRESS Brett Fiore Same Day Express P.O. Box 920 Palm Desert, California 92261 760-275-2779