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HomeMy WebLinkAboutC32220 - Deinstall and Install El Paseo ExhibitionCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: AWARD CONTRACT OF THE 2011/2012 INSTALLATION OF EXHIBITION SUBMITTED BY: DATE: CONTENTS: Recommendation A/- ) NO. C 32220 FOR DEINSTALLATION EL PASEO INVITATIONAL EXHIBITION AND THE 2013/2014 EL PASEO INVITATIONAL Deborah L. Schwartz, Public Art Coordinator September 13, 2012 Draft Contract Bid Packet Received Bid Sheet By Minute Motion: 1) Reject the bid award contract for deinstallation of t. and installation of the 2013/2014 E Express, P.O. Box 920, Palm Desert, and 3) authorize Mayor to execute s, 436-4650-454-4002. of Falcon Builders, Inc. as nonresponsive; 2) ie 2011/2012 El Paseo Invitational Exhibition I Paseo Invitational Exhibition to Same Day California 92261, in the amount of $3,800.00; ime. Funds are available in Account Number Executive Summary Approval of the staff recommendation will award a contract to change out the sculptures on El Paseo to the lowest qualified bidder. While Falcon Builders, Inc. of Palm Desert, California, submitted the lowest of the four (4) bids received, but the submission was incomplete and therefore nonresponsive. The City Attorney and staff recommend rejecting the low bidder and contracting with the lowest qualified bidder, Same Day Express. Background Every two years the artworks on El 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. On August 22, 2012, sealed bids were opened for the deinstallation of the 2011/2012 El Paseo Invitational Exhibition and the installation of the 2013/2014 El Paseo Invitational Exhibition. Contract No. C32220 Staff Report El Paseo Deinstall/Install Bid September 13, 2012 Page 2 of 2 Bids Received Responsive Bids Same Day Express, Palm Desert, California $3,800 Zeus Construction, Palm Desert, California $7,975 G & M Construction, Palm Springs, California $12,950 Nonresponsive Bid Falcon Builders, Inc., Palm Desert, California $3,450 The low bidder, Falcon Builders, Inc. of Palm Desert, did not include a listing of three references as was required in the bid documents. Therefore, Falcon Builders' bid was nonresponsive and staff recommends that it be rejected as such. Same Day Express, the lowest responsive bidder, currently contracts with the City to maintain its public art collection and the El Paseo Invitational Exhibition. Same Day Express was awarded the contract for the previous El Paseo Invitational Exhibition deinstallation and installation which resulted in a smooth and systematic transition for staff, artists, and crane operator. Fiscal Analysis 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: Deborah L. Schwartz, Public Art Coordinator Lauri Aylaian, Dir. of Comm. Deve Revie ed: Pau S. Gibson, Director of Finance Approval - John M. Wohlmuth, City Manager CITY COUNCELACTION APPROVED----VDENTED RECEIVED OTHER_ MEETING DATE - ( -�U DL AYES: NOES: ABSENT: ABSTAIN: LIDO L VERIFIED BY: Original on File with City Clerk's Tice Contract No. CONTRACT SERVICE AGREEMENT FOR Deinstallation and installation of thirty five artworks and deinstallation and relocation of one additional artwork for the El Paseo Invitational Exhibition as part of the City of Palm Desert's Public Art collection. THIS CONTRACT SERVICE AGREEMENT (herein "Contract") is made and entered into this 13th day of September 2012, 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 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliant# this Contract, the Contractor shall "Scope of Services" attached hereto OaLc by reference. Contractor warrants the "Scope of Services" will- be perform satisfactory manner. 1.2 Compliance With Law: A provided in accordance with regulations o the city and any competent jUdsd ction:., 0,'"'with all of tne_:terms and conditions of rm the work or services set forth in the Attachment "A" a d"I corporated herein all wV'',nd servicee,set forth in the �+n,mpetent, professional, and servlc#�jendered hereunder shall be es, ire ions, statutes, rules, and ate, or logovernmental agency of Perrrii,. Fees, and Assessments. Contractor (pense such licenses, permits, as well as a City `r and approvals as may be required by law for squired by this Contract. 2.0 COMPENSATION AND PAYMENT SCHEDULE 2.1 Contract Sum. The City shall pay the Contractor an amount not to exceed Three Thousand Eight Hundred Dollars and no cents ($3,800.00), 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, 2012. 2.2 Commencement of Work. One Thousand Nine Hundred Dollars ($1,900) will be paid upon completion of deinstallation of the eighteen sculptures and relocation of one sculpture from the 2011/12 El Paseo Invitational Exhibition. Contractor shall provide the City with a detailed invoice of work performed. Page 1 of 10 Contract No. MCI 2.3 Final Payment. One Thousand Nine Hundred Dollars ($1,900) will be paid upon completion of installation of eighteen sculptures for the 2013/2014 El 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, 2012, payment will be prorated based upon number of sculptures installed to -date at a rate of $105.50 per sculpture. COORDINATION OF WORK 3.1 Representative of Contractor, Brett Fiore, Es, hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified,,,"hGin and make all decisions in connection therewith.i ya':. 3.2 Public Art Coordinator is hereby designated ass ,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 th.: with the Public Art Coordinator. The City Manager of City, shall have the right rAwdesignate another Contract Officer by providing written notice to Contractor. ., 3.3 Prohibition Against Sul contract with any entity to 0 required hereunder without thl Contract nor a rst here operation off ' " v assignment a w :p be g or Assignment. Contractor shall not whole or in part the work or services #frtten approval of the City. Neither this ; s g or transferred, voluntarily or by I-:'ApVpit of City. Any such prohibited ,(Oc sa Neither,jhe City nor any of its employees shall he manne,r ,mS&, or means by which Contractor, its 4form the Vices required herein, except as otherwise It perform all services required herein as an independent all remain under only such obligations as are consistent r shall' not at any time or in any manner represent that it iployees are agents or employees of City. ENTS Prior to the beginning of, end throughout the duration of, the work Contractor shall maintain insurance with the requirements set forth below. 4.1 Contractor shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which are applicable to a given loss, will Page 2 of 10 Contract No. be available to the City. Contractor shall provide the following types and amounts of insurance. (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on form CG 00 01 or equivalent, with a minimum limit of $1,000,000 per occurrence/$2,000,000 in the aggregate. The General Liability Policy shall name the City of Palm Desert and its employees, officials, agents, and volunteers as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent. (b) Worker's Compensation Insurance. A polidy' of Worker's Compensation insurance in such amount as will fully comply,, with the laws of the State of California, including statutory limits for,,Worer's Compensation and an Employer's Liability limit of $1,000,000 pe.rr accident or disease. (c) Business Automobile Insurarl�` A policy of business automobile liability insurance written on ISO formber CA 0001 or equivalent covering Automobile Liability, including hired non -owed automobile liability, with a minimum limit of $1,000,000 per accide-�` e`contractor owns no vehicles, this requirement may be satisfied by a nond and hired auto endorsement to Contractor's commercial general1ahility policy , - (d) The City, its, employees, officials, agents; an&volunteers shall be covered as additional insureds. Coverage shall apply to any'and all liability arising out of the Work or related to the Contract, in accordance with standard ISO additional insured endorsement for 632010 (1 1$5) or equivalent. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements shall, provider: coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self -insured retention for liability not covered by primary, but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors, or others involved in the work. General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's vicarious liability. Liability coverage shall be primary and non-contributing with any insurance maintained by the City. Page 3 of 10 Contract No. Any and all mobile equipment, including cranes, which are not covered under the Business Automobile Insurance Policy shall have said coverage provided for under the Commercial General Liability Policy. Evidence of coverage (including the Worker's Compensation and employer's liability policies) shall provide that coverage shall not be suspended, voided, cancelled or reduced in coverage, or in limits, except after thirty (30) days' prior written notice has been given to City. Such provision shall not include any limitations of liability of the insurer for failure to pro,, Oe such notice. No liability insuran( prohibit Contractor, of recovery prior to City. :e coverage provided or Contractor's emplo a loss. Contractor,, with this Agreement shall :nts, from waiving the right ht of recovery against the Contractor a e t r vide immediate notice to City of any claim or loss against Contractor ansI,., t of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim(s) if they are likely to involve 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 persons for which the Contractor is otherwise responsible. Page 4 of 10 Contract No. 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 officials, 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 o. claimed by any person, firm or entity arising out of or in connection with the ` gligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herern� ctising from the negligent acts or omissions of Contractor hereunder, or=' rising f .Qm Contractor's negligent performance of or failure to perform any, term, provisfokcovenant or condition of this Contract, whether or not there is concurrent passi�i�i 1r active negligence on the part of the City, its officials, agents, or employees uding such claims or liabilities arising from the sole negligence or willful miscon t of the City, its officials, agents, or employees, who are: directly, responsible tt: City, and in connection therewith. (a) Contractor will defend any add0n,.,or actions filed in connection with any of said claims or liabilities and will pay all dcasts, and expenses, including legal costs and attorney flea„irtctirred in cortiction#kferewith; b Contr or will p Mptly pay' O' judgmen rendered against the City, its officials, agent6,,,4r,employees for an ch claims or liabilities arising out of or in connect+on with the ne g nt, perfor nce of or failure to perform such work, oper s a ;,activities of Conir�� hereunder; and Contractor agrees to save and hold the City;�'its c�fficers,`agents, and.,AMployees harmless therefrom; (c) an the evenf4fe City, .,officials, agents, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damagesor other cialms arising out of or in connection with the negligent performancii id or failui� to perform the work, operation or activities of Contractor hereunder, Contrac1t6r,`agrees to pay to the City, its officials, agents or employees, any dtd 11 costs and expenses incurred by the City, its officials, agents, or employees in such action or proceeding, including but not limited to, legal costs, and attorney fees. Page 5 of 10 Contract No. 5.0 :1 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 parry 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 Public Art Coordinator. In the event of termination by the City, Contractor shall be entitled to compensation for aii services rendered prior to the effectiveness of the notice of termination „at"for such additional services specifically authorized by the Public Art Coordinat€��and City shall be entitled to reimbursement for any compensation paid` h excess,01the services rendered. MISCELLANEOUS 6.1 Covenant Against Discriminati6 Cor itself, its heirs, executors, assigns, and ,ail them, that there shall be 6Q discrimination # or group of persons on account of race, color,:. national origin or ancestry in, the performance take affirmative action to ensure that ---jam employees a creed, religio 6.2 Non -liability: of C the City shall be pereor in the event of any defg become due to the cons of the terms of this Cont during emp tal status, r ty;,.Officials *y liable to ult or breac ractor or to C ,or covenants, ,that, by and for is claiming udder or through or segregation of, any person d, religion, sex, marital status, its Contract. Contractor shall # ,are employed and that Bard to their race, color, r ancestry. Employees. No official or employee of Contractor, or any successor in interest, the City or for any amount, which may iccessor, or for breach of any obligation 6.3 Conflict of Interest. No official or employee of the City shall have any financial interest, direct or indirect, in this Contract nor shall any such official 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 Public Art Coordinator, CITY OF PALM DESERT, 73-510 Fred Waring Drive, Page 6 of 10 Contract No. 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 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 previou 'negotiations, arrangements, agreements and understandings, if any, betw6i*4he parties, and none shall be used to interpret this Contract. This Contract "'" be amended at any time by the mutual consent of the parties by an in�strutnent in Writing. 6.7 Severability. In the even invalid or unenforceable by a val jurisdiction, such invalidity or remaining portions of this Gontrai shall be interpreted to carry out invalid provision is so material the benefit of his/her bargain or rende t hAtr° part of this Contract shall be declared i t figment or decree 4 a court of competent inen or eabM Y� zshall not affect any of the :t whidje y declared a everable and the inters. a parties hereunder unless the tt. its invalidly; eprives either party of the basic rs this Contras aningless. n in the gxercise "€any right or remedy by a t, shall,, irrair; such right or remedy or be >tsent to or approval of any act by the other r.'A proval shall not be deemed to waive or s Consent to or approval of any subsequent y default must be in writing and shall not be fi'default concerning the same or any other 6.9 Attorney Fees. " If either, party to this Contract is required to initiate or defend or -'made a part, ,,to any action or proceeding in any way connected with this ContrA' a prey" ng party in such action or proceeding, in addition to any other relief whrch 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 provisions of any other Contract of which said party is bound. Page 7 of 10 Contract No. 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 Page 8 of 10 Contract No. 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 will take place between October 8 and October 16, 2012. During the deinstallation process, one of the artworks will be moved to the vacant pad at the west end of El Pase© west of Highway 74. The installation of the new eighteen sculptures is scheduled between October 31 and November 15, 2012. All dates are tentative and subjec tpe,fevision. Contractor must provide a portable generate dders 10' Ertl 12'), hand tools for the removal of various size bolts for deinstalla ' an assortment of concrete drill bits, steel lag bolts, anchors, an air compressor f P6"leaning of the new'Ij,,qrilled holes in the concrete pads, and any other necessary' fools, equ Tent, anc�materials (bolts in various sizes, epoxy, etc.) required, to complete on and installation. Contractor will work with crane '60erai scale sculptures. Schedules for deinstalletion, of 201.' installation of 2013, 2014 l`a'Paseo Attachment "B". All dates and times are hand liriVopinstalling, and installing large 12 El Paseo "'It itational Exhibition and tion l Exh* "'Ition are attached hereto as tative and subject to revision. Page 9 of 10 Contract No. Monday, October 8 8 a.m. — noon Tuesday, October 9 8 a.m. — noon Monday, October 15 8 a.m. — 1 p.m. Tuesday, October 16 8 a.m. — 1 p.m. Wednesday, October 31 8:30 — 9:30 a.m. Monday, November 5 7 a.m. - noon Tuesday, Novem 8 — 11 a.m. 7-1 Thursda 8 a.m. - Attachment "B" Deinstallation Schedule Insta Page 10 of 10 CITY OF PALM DESERT BID PACKET DEINSTALLATION AND INSTALLATION OF ARTWORKS FOR THE EL PASEO INVITATIONAL EXHIBITION IN THE CITY OF PALM DESERT'S PUBLIC ART COLLECTION PUBLIC NOTICE IS HEREBY GIVEN that the City of Palm Desert, as Agency, invites Bids for deinstallation and installation of artworks in the medians on El Paseo, and will receive bids in the office of the City Clerk up to the hour of 3:30 p.m. on Wednesday, the 22nd of August 2012. DESCRIPTION OF EL PASEO INVITATIONAL EXHIBITION DEINSTALLATION AND INSTALLATION: The El Paseo Invitational Exhibition is comprised of eighteen sculptures that are placed on concrete pads in the medians on El Paseo from Ocotillo Drive to Portola Avenue. The artwork from the current exhibition will be deinstalled between October 8 and October 16, 2012 (specific dates listed below). Installation dates for the new sculptures will be between October 31 and November 15, 2012. SCOPE OF WORK: The work will consist of deinstallation of eighteen sculptures located on El Paseo, the relocation and installation of one of the eighteen sculptures at a new location, and installation of eighteen new sculptures. The deinstallation of the eighteen existing sculptures and reinstallation of one sculpture at a new location will take place from 8:00 a.m. to 1:00 p.m. on October 8 and 15, and 8:00 a.m. to noon on October 9 and 16. The installation of the new eighteen sculptures is scheduled on October 31 from 8:30 to 9:30 a.m.; November 5 from 7:00 a.m. to noon, November 14 from 7:00 to 11:00 a.m. and November 6 and 15, from 8:00 a.m. to noon. During the deinstallation process, one of the artworks will be moved to and installed on the vacant pad at the west end of El Paseo just west of Highway 74. All dates and times are tentative and subject to revision. Please contact Debbie Thompson at 760- 346-0611, ext. 663 for a confirmed schedule after August 10. Contractor must provide a portable generator, ladders (10' and 12') hand tools for the removal of various size bolts for deinstallation, an assortment of concrete drill bits, steel lag bolts, anchors, and 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 the deinstallation and installation process. Experience working with crane operators, handling and installing large scale sculptures is required for the qualifications of the applicant. Some sculptures will require more than one person to remove the artwork from the pad onto a truck or vice versa. References must be included with submitted bids. Page 1 of 6 REJECTION OF BIDS: The City of Palm Desert reserves the right to reject any or all Bids or any part of a Bid. The City of Palm Desert reserves the right to reject the Bid of any Bidder who previously failed to perform adequately for the City of Palm Desert or any other governmental agency. The City of Palm Desert expressly reserves the right to reject the Bid of any Bidder who is in default on the payment of taxes, licenses, or other monies due the City of Palm Desert. INSURANCE REQUIREMENTS: Prior to the beginning of, and throughout the duration of, the work Contractor shall maintain insurance with the requirements set forth below. Contractor shall use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which are applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance. Commercial General Liability Insurance. A policy of commercial general liability insurance written on form CG 00 01 or equivalent, with a minimum limit of $1,000,000 per occurrence/$2,000,000 in the aggregate. The General Liability Policy shall name the City of Palm Desert and its employees, officials, agents, and volunteers as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent. 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, including statutory limits for Worker's Compensation and an Employer's Liability limit of $1,000,000 per accident or disease. Business Automobile Insurance. A policy of business automobile liability insurance written on ISO form number CA 0001 or equivalent covering Automobile Liability, including hired and non -owned automobile liability, with a minimum limit of $1,000,000 per accident. If the contractor owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Contractor's commercial general liability policy. Additional Terms. 1. The City, its employees, officials, agents, and volunteers shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the Work or related to the Contract, in accordance with standard ISO additional insured endorsement form CG2010 (1185) or equivalent. Page 2 of 6 2. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self -insured retention for liability not covered by primary, but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors, or others involved in the work. 3. General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage will not be limited to City's vicarious liability. 4. Liability coverage shall be primary and non-contributing with any insurance maintained by the City. 5. Any and all mobile equipment, including cranes, which are not covered under the Business Automobile Insurance Policy shall have said coverage provided for under the Commercial General Liability Policy. 6. Evidence of coverage (including the Worker's Compensation and employer's liability policies) shall provide that coverage shall not be suspended, voided, cancelled or reduced in coverage, or in limits, except after thirty (30) days' prior written notice has been given to City. Such provision shall not include any limitations of liability of the insurer for failure to provide such notice. 7. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against the City. 8. The insurer shall waive all rights of subrogation and contribution it may have against the City, its employees, officials, agents, and volunteers, and their respective insurers. 9. Contractor agrees to deposit with City, within fifteen (15) days of Notice to Proceed of the Contract, certificates of insurance and required endorsements. 10. There shall be no recourse against City for payment of premiums or other accounts with respect to the insurance required to be provided by Contractor hereunder. Any failure, actual or alleged, on the part of City to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of City. City has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under Page 3 of 6 this Agreement does not comply with these requirements or is cancelled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary. In such instances, any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from contract payments. 11. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim(s) if they are likely to involve City. TERM: 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 Public Art Coordinator. In the event of termination by the City, Contractor shall be entitled to compensation for all services specifically authorized by the Public Art Coordinator. City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. LICENSES: Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses and permits as a Business License, Encroachment Permit, and any other approvals as may be required by law for the performance of the services required. CONTACT INFORMATION: Debbie Thompson, Public Art Technician, City of Palm Desert Public Art Department, 73-510 Fred Waring Drive, Palm Desert, California 92260, 760-346-0611, ext. 663. BID DEADLINE: Wednesday, August 22, 2012 by 3:30 p.m. Bids must be submitted in a sealed envelope plainly marked on the outside "SEALED BID FOR deinstallation and installation of artworks for the Ell Paseo Invitational Exhibition". City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 ATTN: RACHELLE D. KLASSEN, CITY CLERK Dated this 27th day of July 2012. Page 4 of 6 CONTRACTOR'S PROPOSAL FOR EL PASEO EXHIBITION DEINSTALLATION AND INSTALLATION It is understood that the lump sums shown hereon, include all tools, equipment, materials, labor, overhead, profit, and incidental costs required to perform the respective line item. Item No. Item Description Quantity 1. Deinstallation 18 sculptures 2. Relocation 1 sculpture 3. Installation 18 sculptures TOTAL BID PRICE $ TOTAL BID AMOUNT IN WORDS Lump Sum IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth. By: Signature Title: Contractor Page 5 of 6 (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 Telephone Type of Firm (Individual, Partnership or Corporation) Corporation organized under the laws of the State of Business License No. Exp. Date Number of years' experience in sculpture installation work List three similar projects completed recently. Include company name, current contact person, and contact phone number. 1. 2. 3. List the names and addresses of each subcontractor who will perform work during the deinstallation and installation of the artworks for the El Paseo Invitational Exhibition. Subcontractor's N Address/Telephon Subcontractor's Nam Address/Telepho Subcontractor's Name Address/Telephone Page 6 of 6 WO~ CITY OF PALM DESERT, CALIFORNIA �► N w O� BID or RFP OPENING Cm C�?wp N C4 �Q Q DA$IL 1L'& �j'ZU Z- TIME: "Sb P, VU RECEIVED �i.M EXaR OFFICE PROJECT / SERVICES NAME:'7Dit("),U(� c� �� �te� Z,I po-jee) -1-p z� Ranking Contractor/Bidder Price Addenda Sub Bidder's (#s) List Bond A 2 2u.S C'ar5�(uc� LIs& G lM C n)m--- .� . rlhclg 95a