HomeMy WebLinkAboutC30180 - Deinstallation of 09/10 El Paseo Xhbtn CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C 3oiso FOR
DEINSTALLATION OF THE 2009/2010 EL PASEO
INVITATIONAL EXHIBITION AND INSTALLATION OF THE
2011/2012 EL PASEO INVITATIONAL EXHIBITION
SUBMITTED BY: DEBORAH L. SCHWARTZ, PUBLIC ART COORDINATOR
DATE: September 9, 2010
CONTENTS: Received Bid Sheet
Draft Contract
Recommendation
By Minute Motion: 1) Reject the bid of Michael Volpone as non-
responsive; 2) award contract for deinstallation of the 2009/2010 EI
Paseo Invitational Exhibition and installation of the 2011/2012 EI
Paseo Invitational Exhibition to Same Day Express, P.O. Box 920,
Palm Desert, California 92261, in the amount of $3,799.00; and 3)
authorize Mayor to execute same. Funds are available in Account
Number 436-4650-454-4002.
Executive Summary
Approval of the staff recommendation will award a contract to change out the
sculptures on EI Paseo to the second lowest bidder. While Michael Volpone of
Cathedral City, California, submitted the lowest of the three (3) bids received, the
submission was incomplete and therefore non-responsive. The City Attorney
and staff recommend rejecting the low bidder and contracting with the lowest
qualified bidder, Same Day Express.
Backqround
On August 25, 2010, sealed bids were opened for the deinstallation of the
2009/2010 EI Paseo Invitational Exhibition and the installation of the 2011/2012
EI Paseo Invitational Exhibition. Below is a summary of the bids that were
received.
Page 2 of 2
EI Paseo Deinstall/Install Bid
September 9, 2010
Michael Volpone, Cathedral City, CA $3,600
Same Day Express, Palm Desert, CA $3,799
Better Building Co., La Quinta, CA $8,350
The low bidder, Michael Volpone of Cathedral City, did not include a listing of
three reference projects or a cost breakdown of the total bid amount, as was
required in the bid documents. Therefore, his bid was non-responsive and staff
recommends that it be rejected as such.
Every two years the artworks on EI Paseo need to be deinstalled to allow
installation of the upcoming 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.
Same Day Express currently holds the contract with the City to maintain its public
art collection and the EI Paseo Invitational Exhibition.
Fiscal Analvsis
Monies are available in the public art fund, Account Number 436-4650-454-4002.
No general fund monies will be expended.
Submitted by: Department Head:
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Deborah L. Schwartz Lauri Aylaian
Public Art Coordinator Director of Community Development
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Paul Gibson
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CONTRACT SERVICE AGREEMENT FOR
Deinstallation and installation of the EI Paseo Invitational Exhibition, thirty-
five 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 9th day of September 2010, 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 Contract, the Contractor shall perform the work or
services set forth in the "Scope of Seruices" 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 serviGes rendered hereunder
shall be provided in accordance with all ordinanc�s, 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.
2A `Ct?MPENSATION AND PAYMENT SCHEDULE
2.1 Contract Sum. The City shall pay the Contractor an amount not to
exceed Three Thausand Seven Hundred Ninety Nine Dollars and no cents
($3,799.00}, 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, 2010.
2.2 Commencement of Work. One Thousand Eight Hundred Ninety
One Dollars ($1,891) will be paid upon completion of deinstallation of the
16 sculptures and deinstallation and relocation of one sculpture from the
2009/10 EI Paseo Invitational Exhibition. Contractor shall provide the City
with a detailed invoice of work performed.
Contract No. C2XXXX
2.3 Final Payment. One Thousand Nine Hundred Eight Dollars
($1,908) will be paid upon completion of installation of 18 sculptures for
the 2011/12 EI Paseo Invitational 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, 2010, payment will
be prorated based upon number of sculptures installed to-date at a rate of
$106.00 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 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 Coordinata�r. The City Manager of City shall have
the right to designate another Contract Officer by providing written notice
to Contractor.
3.3 Prohibition Against Subcontr�cting or Assignment. Contractor shall
not contract with any` entiry to perform in whole or in part the work or
services required hereund�r without the express written approval of the
City. Neither this Contract rtor 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.
2
Contract No. C2XXXX
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 Contract 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 coverages for contractual liabili�r,,, personal injury,
independent contractors, broad from property damage, products, and
completed operations. The General Liability Pt�licy shall name the City of
Palm Desert as an additional insured in accordanc� with standard ISO
additional insured endorsement form CG2010(1185} or equivalent
language.
(b) Worker's Compensation Insur�nce. 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 poticy 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
prim�ry insurance and shall name the City, its officers, employees, and
agents as additional insured. The insurer shall waive all rights of
subrogatian 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 Pubtic Art Coordinator. No work or services under
this Contract shall commence until the Contractor has provided the City
with Certificates of Insurance or appropriate insurance binders evidencing
the above insurance coverages 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
3
Contract No. C2XXXX
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
persons 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 Contract 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 w1l1 hold and save them and
each of them harmless from, any and all actions, Suits, claims, damages
to persons or property, losses, costs, p�nalties, �bligations, errors,
omissions or liabilities, (herein "claims Qr I}abilities") that may be asserted
or claimed by any person, firm or entity arising out of or in c�nnection with
the negligent performance of the work, operations or activities of
Contractor, its agents, employees, su��ntractc�rs, 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 Contract,
whether or not there is concurrent passive or actiue negligence 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 h�rmless 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.
4
Contract No. C2XXXX
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,
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, executor�, assigns, and all persons claiming under
or through them, that there shall be no discrimination against or
segregation of, any person or group of persc�r�s on account of race, color,
creed, religion, sex, marital status, natiortal origin or ancestry in the
performance of this Contract. Cantractor shall take affirmative action to
ensure that applicants' are employed; and that employees are treated
during employrnent without regard ta their race, color, creed, religion, sex,
marital status, natianal origin, or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or
employee of the City sh�11 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.
5
Contract No. C2XXXX
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 Public Art Coordinator, 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.
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 af the authorship of this
Contract or any other rule of construction whi�h might,otherwise apply.
6.6 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Corrtract 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'fhis 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 deerned 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
Contract No. C2XXXX
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.
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
CINDY FINERTY, MAYOR
RACHELLE D. KLASSEN, C17Y CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
CONTRACTOR:
Name: Same Day Express
Address: P.O. Box 920
Palm Desert, California 92261
760-275-2779
7
Contract No. C2XXXX
ATTACHMENT "A"
Scope of Services
The work will consist of deinstallation of seventeen of the eighteen sculptures located on EI
Paseo, including the relocation of one of the eighteen sculptures, and installation of eighteen
new sculptures. One of the sculptures that requires deinstallation will be removed at a
different time from the other sixteen being deinstalled.
The deinstallation of sixteen of the existing sculptures will take place between October 4 and
October 11. The deinstallation of the seventeenth sculpture will occur simultaneous with the
installation of the eighteen new sculptures. The installation of the new eighteen sculptures is
scheduled between October 25 and November 5, 2010. During the deinstallation process, one
of the artworks will be moved to a pad at the west end of EI Paseo near the Palms to Pines
Shopping Center. All dates are tentative and subject to revision.
Contractor must provide a portable generator, 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 2009/10 EI Paseo Invitational Exhibition and installation of
2011/12 EI Paseo Invitatianal Exhibition are attached. Schedules are subject to change.
8
2009/2010 EI Paseo Invitational Exhibition — De-installation Schedule
Monday, October 4, 2010
Pad #2 Boaz Vaadia 8 — 9 a.m.
Pad #9 Michelle O'Michael 9 — 10 a.m.
Pad #16 LT Mustardseed 10 — 11 a.m.
Tuesday, October 5, 2010
Pad #18 Dominic Benhura 8 — 9 a.m.
Pad #17 Dixie Jewett 9 — 10 a.m.
Pad #13 Michael Whiting 10 — 11 a.m.
Pad #8 Greg Rieche 11 — 12 p•m•
Wednesday, October 6, 2010
Pad #1 Steve Jensen 8 — 9 a.m.
Pad #4 Jim Rennert 9 — 10 a.m.
Pad #6 Todji Kurtzman 10 — 11 a.m.
Thursday, October 7, 2010
Pad #7 Mark Bulwinkle 8 — 9 a.m.
Pad #10 Stephen Daly 9 — 10 a.m.
Pad #11 Karen Reitzel 10 — 11 a.m.
Monday, October 11, 2010
Pad #12 Julian Voss-Andreae 8 — 9 a.m.
Pad #14 Rachel Slick 9 — 10 a.m.
Pad #15 Christie Beniston 10 — 11 a.m.
s/2�/2oio
2011/2012 EI Paseo Invitational Exhibition — Installation Schedule
Monday, October 25, 2010
Pad #15 Carol Gold 9 — 10 a.m.
Pad #5 James Hill (deinstallation) 10 — 11 a.m.
Pad # 12 Corio/Frei 11 a.m. — 12 p.m.
Tuesday, October 26, 2010
Pad #2 Max DeMoss 8 — 9 a.m.
Pad #5 Matt Hillseth 9 — 10 a.m.
Pad #8 John Banks 10 — 11 a.m.
Pad #11 Jon Seeman 11 a.m. — 12 p.m.
Wednesday, October 27, 2010
Pad #9 Nancy Mooslin 8 — 9 a.m.
Pad #16 Mike Suri 9 — 10 a.m.
Pad #17 John Richen 10 — 11 a.m.
Monday, November 1, 2010
Pad #1 Peter Mangan 8 — 9 a.m.
Pad #3 Brian Carlson 9 — 10 a.m.
Pad # 4 Kevin Robb 10 — 11 a.m.
Tuesday, November 2, 2010
Pad #6 Rik Phillips 8 — 9 a.m.
Pad #7 Steve Rieman 9 — 10 a.m.
Pad #10 Alfonso Robles 10 — 11 a.m.
Wednesday, November 3, 2010
Pad #13 David Turner 8 — 9 a.m.
Pad #14 Helle Scharling-Todd 9 — 10 a.m.
Pad #18 Charles Sherman 10 — 11 a.m.
8/27/2010