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HomeMy WebLinkAboutC22590 Maintenance City's Public Art Collection and El Paseo ExhibitionREQUEST: CITY OF PALM DESERT Community Services STAFF REPORT Consideration to approve a contract service agreement with Michael Volpone to maintain the City of Palm Desert's Public Art Collection and the El Paseo Exhibition SUBMITTED BY: Richard L. Twedt DATE: April 8, 2004 CONTENTS: Contract Services Agreement, list of Artworks to be maintained and supporting materials. Recommendation: By Minute Motion: Concur with staff to approve a contract service agreement with Michael Volpone, 39-192 Bel -Air Drive, Cathedral City, CA 92234 to maintain the City of Palm Desert's Public Art collection and the ninteen sculptures in the El Paseo Exhibition for one year in the amount of $52,000. Executive Summary: Staff recommends rejecting the low bid of $24,487.44 from Expert Metals, Inc. due to past experience and the excessively low bid, which is less than half of the second lowest bid by Mr. Volpone. The other bids included ARC located in Indio in the amount of $54,000 and Sculpture Conservation Studio (current maintenance company) from Los Angeles in the amount of $66,250. Discussion: Mr. Volpone is highly qualified to perform maintenance on the City's public art collection. He was formerly employed by the Palm Springs Desert Museum for five years as the Facilities Manager, where he maintained the extensive sculpture collection of the Museum, including extremely valuable artworks by world -class artists. He is currently contracted by the City of Palm Desert's Public Art Program to maintain the nineteen sculptures on El Paseo on a monthly basis. His performance has been impeccable, often visiting the sculptures during non- scheduled cleaning periods to check for necessary repairs or (if .needed) spot cleaning. Also, Mr. Volpone started dusting the pieces bi-monthly due to the constant spider web build up and dusty air quality when the wind blows. His close proximity to Palm Desert allows him to be accessible for any problems in contrast to the current maintenance company that is located in Los Angeles. Michael is a qualified carpenter and former field superintendent for the construction trade. He is also a Reserve level II police officer, three-year member of the Palm Springs police mounted enforcement unit, a Lieutenant, and nine-year member of the Palm Springs Police Department Search and Rescue unit. Staff has an excellent working relationship with Mr. Volpone who easily takes direction and has consistently demonstrated going the extra mile to give his very best efforts in maintaining the sculptures for which he is responsible. Submitted by: • talf14111 public Arts Manger Sheila GI igan; Acting ! Manager Community Services David Erwin, City Attorney Robert Kohn, Director of Special Programs Carlos Orteg ity Manager Paul Gibson, Director of Finance Contract No. C2259° CONTRACT SERVICES AGREEMENT FOR MAINTENANCE SERVICES OF THE CITY OF PALM DESERT'S PUBLIC ART COLLECTION AND THE SCULPTURES IN THE EL PASEO EXHIBITION THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this 8th day of April, 2004, by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and Michael Volpone, (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 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 Agreement. 2.0 COMPENSATION AND PAYMENT SCHEDULE 2.1 Contract Sum. The City shall pay the Contractor an amount not to exceed Fifty Two Thousand Dollars and no cents ($52,000.00) for twelve (12) months, which will constitute full compensation and payment for all services to be performed under this Agreement. 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 following work performance. Payment shall be issued within thirty (30) days of approval by the Public Art Manager of detailed invoices and requests for payment. Contract No. C22590 3.0 COORDINATION OF WORK 3.1 Representative of Contractor, Michael Volpone, 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 Arts Manager 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 Arts Manager. 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: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverage's for contractual liability, personal injury, independent contractors, broad from property damage, products and completed operations. The General Liability Policy shall name the City of Palm Desert as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. Contract No. C 22590 (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with single limit ability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, nonowned, leased, and rented cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insured. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Public Arts Manager. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverage's and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents, and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence Contract No. C22590 on the part of the City, its officers, agents, or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorney fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contract hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless there from; (c) In the event the City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs, and attorney fees. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until twelve (12) months from the date of signing. 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 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 Contract No. C22590 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 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 Contract No. C22590 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY OF PALM DESERT, A municipal corporation CARLOS ORTEGA, CITY MANAGER RICHARD L. TWEDT, PUBLIC ARTS MANAGER Contract No. C22590 CONTRACTOR: By: Name: Title: Address: Contract No. C 22590 Exhibit "A" Scope of Services: SCOPE OF WORK: The City of Palm Desert's public art collection consists of 35 pieces of art in the permanent collection and 19 pieces on the median of El Paseo. More specific project requirements are as follows. 35 pieces of the permanent collection 1. Cleaning of all 35 pieces will be required two (2) times throughout the duration of the one year contract (April 2004 — April 2005). 2. The work shall consist of dusting, washing, and cleaning of the 35 permanent pieces of art throughout the City of Palm Desert (artworks and locations included). 3. Minor conservation work will be performed as required (removing corrosion, flaking, plaint, water deposits, etc.) and waxing each piece twice a year. 4. A written monthly report will be sent to the Public Arts Manager in the Public Art Department as to the work performed on each piece. 5. Color slides or photographs of artworks before and after treatment should be taken by the contractor as staff may request copies of them. 6. The contractor will provide staff with detailed information 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. The City of Palm Desert's permanent collection includes the following 35 pieces. Art Piece Location Proceed with Caution "C" is for Cat Dance of Discovery The Reader Perpetual Motion Scroll Fence Puffed up Prince Giraffe Messenger of the Puul Peace Memorial Today Neoglyphs Colleagues Balance Council Chamber Library Library Library Library Library Library Library Civic Center Civic Center Civic Center (Baseball fields) Civic Center Civic Center Civic Center (Sheriffs Station) Contract No. C 22590 Desert Flower/Desert Star Happy Swinging Holocaust Memorial Dreamer Midstream Self Preservation -Revised Desert Dessert Coyote Benches CA Quail, Pear Cactus, Lizards, Sunflowers and Snowbirds Mother Child Sculpture Garden Legends Field One on One Agave Palm Desert Obelisk Charger Clifford Henderson Bust Mountain Lions Passing It Along Chihuly Chandelier Agave (Entry Sign) Gravity Wave (Entry Sign) 19 pieces on El Paseo Exhibit "A" Civic Center Civic Center (YMCA) Civic Center Civic Center Civic Center Civic Center Civic Center Civic Center Civic Center Civic Center (east of Tot Lot) Civic Center (Baseball fields) Civic Center Fred Waring (east of San Pascual) Palm Desert Country Club Entrance Hwy 74 and El Paseo El Paseo Median Living Desert Joslyn Senior Center (Catalina Way) Desert Willow Clubhouse Entry Hwy III (From Indian Wells) Hwy III (From Rancho Mirage) 1. The work will consist of monthly cleaning as per the artist or the artist representative's instructions for the piece. 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. 2. The sculptures, pads, and lighting fixtures will be dusted and cleared of spider webs and debris. 3. All sculptures will be lightly dusted once a month in addition to the monthly cleaning. Sculptures requiring waxing will be treated twice a year. 4. Beginning January 2005, the Exhibition may include 21 pieces. Contract No. C 22590 Exhibit "A" The current artwork on the El Paseo median include the following 19 pieces. Art Piece, Artist Goat Pair, Peter Woytuk SolRay, Steven Rieman Untitled, Michael Emmons Hand Plant #5, Gina Michaels Tre, Russell Jacques Female Elephant, Fredrick Prescott Minotaur with Hare, Sophie Ryder Wings on the Wind, Steve Rieman Follow the Leader, Stanley Proctor Garabedian's Knot, Michael Todd Forest of Trees, Italo Scanga LOVE Blue Green, Robert Indiana AB OVO, Olja Dobrovic The Terra Series, Delos Van Earl Prometheus, Damon Hildreth King and Queen, Sorel Etrog The Grandees, Phillip Jackson Flotsam/Jetsam II, Jon Krawczyk Two Ravens with Apples, Peter Woytuk Location Site #1, El Paseo and Portola Site #2, Ocotillo and Sage Site #3, Ocotillo and Sage Site #4, Ocotillo and Sage Site #5, Ocotillo and Sage Site #6, Ocotillo and Sage Site #7, Sage and Lupine Site #8, Lupine and San Pablo Site #9, Lupine and San Pablo Site #10, San Pablo and Larkspur Site #11, San Pablo and Larkspur Site #12, San Pablo and the Gardens Site #13, Larkspur and San Luis Rey Site #14, Larkspur and San Luis Rey Site #15, San Luis Rey and Portola Site #16, San Luis Rey and Portola Site #16, San Luis Rey and Portola Site #17, San Luis Rey and Portola Site #18, El Paseo and Ocotillo