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HomeMy WebLinkAboutC32221 - CA1 - De-Installation of 2013-14 El Paseo Xhbtn CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approve First Amendment to renew Contract Number C32220 with Same Day Express in the amount of $3,800 for deinstallation of the 2013/2014 EI Paseo Invitational Exhibition and installation of the 2015/2016 EI Paseo Exhibition SUBMITTED BY: Deborah L. Schwartz, Management Analyst DATE: July 10, 2014 CONTENTS: Contract Number C32220 Contract Number C32220A Recommendation By Minute Motion, approve First Amendment to renew Contract Number C32220 with Same Day Express for an extension in the amount of $3,800 for deinstallation of the 2013/2014 EI Paseo Invitational Exhibition and installation of the 2015/2016 EI Paseo Exhibition. Funds are available in Account Number 436- 4650-454-4002. Backqround 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. As per Section 5.1 of Contract No. C32220, the terms of the contract shall continue in full force from its date of signing. Therefore, it is staff's recommendation to extend contract services with Same Day Express for deinstallation of eighteen sculptures located on EI Paseo, including the relocation of one of the eighteen sculptures and installation of eighteen new sculptures. Contract No. C32220A Staff Report Extension of Contract with Same Day Express July 10, 2014 Page 2 of 2 Fiscal Analvsis The financial obligation for FY 2014/2015 for the contract amendment is $3,800 for services through November 28, 2014. All payments are from the Public Art Fund in Account Number 436-4650-454-4002. There is no impact to the General Fund. Submitted By: Department Head: ...---' . � ___ �--�--'',�".__-.-.� ��.!.--� ��_-�_ Deborah Schwartz, Management Analyst Lauri Aylaian, -----�. Director of Community Development GL�� CTTYCOUNCILACTI N Paul Gibson, Director of Finance APPROVED � DFNiED RECEIVED OTHER Approval: Mi;FT1N�, D��TE ���� �� AYF,S: NO��: it.F �.�� /��" A���i?�IT• S.�i�G "�yl uc'� � ../. Gv�H��1uT.5� � �,,lz�;'�'��I�: — J�hn M. W�hlmuth, City Manager ��r,;����•���;�� ����: �f��.. ��x��s;x���a^_� r��� ;i!c�v�th C�t�,� (:s���:y's Of'Ei�c Contract No. C32220A CONTRACT SERVICES AMENDMENT FOR Deinstallation of eighteen sculptures located on EI Paseo, including the relocation of one of the eighteen sculptures and installation of eighteen new sculptures. THIS CONTRACT SERVICES AMENDMENT (herein "Amendment") is made and entered into this 10th day of July 2014, by and between the CITY OF PALM DESERT, a municipal corporation (herein "City") and Same Day Express (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: A. Section 2.1 COMPENSATION AND PAYMENT SCHEDULE is amended in 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 November 28, 2014. 2.2 Commencement of Work. One Thousand Nine Hundred Dollars ($1,900.00) will be paid upon completion of deinstallation of the eighteen sculptures and relocation of one sculpture from the 2013/2014 EI Paseo Invitational Exhibition. Contractor shall provide the City with a detailed invoice of work performed. 2.3 Final Payment. One Thousand Nine Hundred Dollars ($1,900.00) will be paid upon completion of installation of eighteen sculptures for the 2015/2016 EI Paseo Exhibition. Contractor shall provide the City with a detailed invoice of work performed. If the installation schedule changes and artwork is installed after November 28, 2014, payment will be prorated based upon number of sculptures installed to-date at a rate of $105.50 per sculpture. B. Scope of Services. In compliance with all of the terms and conditions of this Contract, Contractor shall perform the work or services set forth in the "Scope of Services" attached to this amendment 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. The deinstallation of the eighteen existing sculptures will take place between October 14, and October 22, 2014. During the deinstallation process, one of the artworks will be moved to a vacant pad (date and location to be determined). The installation of the new eighteen sculptures is scheduled between November 4, and November 28, 2014. All dates are tentative and subject to revision. Page 1 of 4 Contract No. C32220A Schedules for deinstallation of 2013/2014 EI Paseo Invitational Exhibition and installation of 2015/2016 EI Paseo Exhibition are attached hereto as Attachment "B". All dates and times are tentative and subject to revision. "The term of this Agreement is extended, and shall include the time period from October 10, through November 28, 2014. 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 „ C. 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 VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK 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 Page 2 of 4 Contract No. C32220A ATTACHMENT "A" Scope of Services The work will consist of deinstallation of eighteen sculptures located on EI 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 14 and October 22, 2014. During the deinstallation process, one of the artworks will be moved to a vacant pad (location to be determined). The installation of the new eighteen sculptures is scheduled between November 3 and November 28, 2014. All dates are tentative and subject to revision. 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, 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. Page 3 of 4 Contract No. C32220A Attachment "B" Deinstallation Schedule Tuesday, October 14, 2014 8:00 a.m. - noon Wednesday, October 15 8:00 a.m. — noon Tuesday, October 21 8:OOa.m. — 12:30 p.m. Wednesday, October 22 7:30 a.m. — 12:30 p.m. Schedule is tentative and subject to change. Installation Schedule Tuesday, November 4, 2014 8:00 a.m. — noon Wednesday, November 5 8:00 a.m. — noon Thursday, November 6 8:00 a.m. — 10:00 a.m. Tuesday, November 18 8:00 a.m. — noon Wednesday, November 19 9:00 a.m. — 11:00 a.m. Schedule is tentative and subject to change. Page 4 of 4 Contract No. C32220 CONTRACT SERVICE AGREEMENT FOR Deinstallation of eighteen sculptures located on EI Paseo, including the relocation of one of the eighteen sculptures and installation of eighteen new sculptures. THIS CONTRACT SERVICE AGREEMENT (herein "Contract") is made and entered into this 13t" 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 follows. 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Contract, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Attachment "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the "Scope of Services" will be performed in a competent, professional, and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Licenses, Encroachment Permit, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, as well as a City of Palm Desert Business License, and approvals as may be required by law for the performance of the services required by this Contract. 2.0 COMPENSATION AND PAYMENT SCHEDULE 2.1 Contract Sum. The City shall pay the Contractor an amount not to exceed 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 EI Paseo Invitational Exhibition. Contractor shall provide the City with a detailed invoice of work performed. Page 1 of 10 Contract No. C32220 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 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, 2012, payment will be prorated based upon number of sculptures installed to-date at a rate of $105.50 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 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 Contract nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE REQUIREMENTS Prior to the beginning of, and 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. C32220 be available to the City. Contractor shall provide the following types and amounts of insurance. (a) Commercial General Liabilitv 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 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. (c) 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. (d) Additional Terms. 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. 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. 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. C32220 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 provide such notice. 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. 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. Contractor agrees to deposit with City, within fifteen (15) days of Notice to Proceed of the Contract, certificates of insurance and required endorsements. 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 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. 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. 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 properry 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. C32220 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 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 Contract, whether or not there is concurrent passive or active negligence on the part of the City, its officials, agents, or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officials, 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 officials, 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 officials, 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 officials, agents or employees, any and all 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. C32220 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 pariy. 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 rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Public Art Coordinator and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Contract. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 6.2 Non-liability of City Officials and Employees. No official or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the contractor or to its successor, or for breach of any obligation of the terms of this Contract. 6.3 Conflict of Interest. No 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 . . �. x;. f��`;. � Contract No. C32220 Palm Desert, California 9226Q, 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 previous negotiations, arrangements, agreements and understandings, if any, befinreen the parties, and none shall be used to interpret this Contract. This Contract may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competenfi 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 par,ly of the basic bene�t of his/her bargain or renders this Contract meaningless. 6.8 Waiver. Na 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 default of any other default conceming the same or any other provision of this Contract. 6.9 Attomey 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 attomey 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 M1�. • • Contract No. C32220 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, Califomia 92260 760-346-0611 d� � ROBERT A. SPIEG L, A RA HELLE D. KLASSEN, ITY CLERK APPROVE AS TO FORM: � i �'' -��� �U DAVID J. ERWIN, ITY ORNEY CONTRACTOR: ,---'_ Name: Same Day Express Address: P.O. Box 920 r Palm Desert, California 92261 760-275-2779 Page 8 of 10 Contract No. C32220 ATTACHMENT "A" Scope of Services The work will consist of deinstallation of eighteen sculptures located on EI 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 EI Paseo 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 subject to revision. 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, 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 2011/2012 EI Paseo Invitational Exhibition and installation of 2013/2014 EI Paseo Invitational Exhibition are attached hereto as Attachment "B". All dates and times are tentative and subject to revision. Page 9 of 10 Contract No. C32220 Attachment "B" Deinstallation Schedule 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. Installation Schedule Wednesday, October 31 8:30 — 9:30 a.m. Monday, November 5 7 a.m. - noon Tuesday, November 6 8 — 11 a.m. Wednesday, November 14 7 - 11 a.m. Thursday, November 15 8 a.m. - noon Page 10 of 10