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HomeMy WebLinkAbout08386 - THE ART COLLECTIVECONTRACT SERVICES AGREEMENT The Art Collective THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on December �, 2020, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and The Art Collective, a Limited Liability Corporation, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of The Art Collective for the cleaning and restoration of Palm Springs Public Artwork, ("Project"). B. Contractor has submitted to City a proposal to provide cleaning and restoration services to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONTRACT( 1.1 Scope Agreement, Contractor attached to this Agrees or "Work"). Exhibit " fees. Contractor warra satisfactory manner a quality, experienced, a similar conditions. In of Services/Work and t shall govern. ♦ /"1TTTA.rT 1+T A Y5�� 4yc OeGJ Y1 I tl",a- C1 rt �S�ra d✓L ns and conditions of this the Scope of Services/Work )y reference (the "Services" =ance and the schedule of ompetent, professional, and -dinarily exercised by high currently practicing under rms contained in the Scope set forth in this Agreement 1.2 Comnli; vith all applicable federal, state, and local laws, s •ules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. ] Revised: 5/1/2020 55575.18165\32899991.2 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $25,000. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 2 Revised: 5/1/2020 55575.18165\32899991.2 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing on the execution date of this agreement, and ending on June 30, 2021. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. Revised: 5/1/2020 55575.18165\32899991.2 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Arlene Amick, Owner and Project Manager. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontractine or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither 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, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor's work product, result, and advice. 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. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. Contractor shall not have any authority to bind City in any manner. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel 4 Revised: 5/1/2020 55575.18165\32899991.2 without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Arlene Amick Owner and Project Manager 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, 5 Revised: 5/1/2020 55575.18165\32899991.2 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor's obligation to defend, indemnify, and/or hold harmless arises out of Contractor's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor's liability for such claim, including the cost to defend, shall not exceed the Contractor's proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above -referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. Revised: 5/1/2020 55575.18165\32899991.2 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 7 Revised: 5/1/2020 55575.18165\32899991.2 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non -Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor -in -interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in g Revised: 5/1/2020 55575.18165\32899991.2 writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: The Art Collective Attention: Arlene Amick 34-330 Gateway Drive, Unit 110 Palm Desert, CA 92211 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 9 Revised: 5/1/2020 555 75.18165\32899991.2 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] 10 Revised: 5/1 /2020 55575.18165\32899991.2 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE ART COLLECTIVE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: �,� By David H. Ready, Esq.2� City Manager APPROVED AS TO FORM: ATTEST i By By: J eftrey allin r, Anthony Mej City Attorney City Clerk APPROVED BY CnY MANAGER "CONTRACTOR" 5 The Art Collective Date:December 9 , 2 020 By: j� Arlene Amick President Date:December9,2020 By: Kyle Elder Not To Exceed $ ��"�• Secretary Without The Expr S Written Authorization Of The City Manager. � r Revised: 5/1/2020 55575.18165\32899991.2 CALIFORNIA ALL4WRPD8E ACKNOYYLEDGMEW CIM CODE,§ 1189 9t<r4'.Y f fA<<,< ,F[ M M� �<A4lAtilSr„�Shl53t:RY.BY�s' a A votmy public or ottrer olfrcar corroming This cartI' CG8 vadf an cnJy the idsr J o1 ft wmfryJdLsl who w7ted the document to whids ibis car k9cate is aneched, and rut the trufhfufnem aomiracy: or yard-ty of that doctmwnt. State of GGffWnle county of On Date personally appeared before me. Nere Insert Abms and Tide of the ONFoer Names) of Sign ) who proved to me on the basis of satisfactory evidence to be the pemon(a) whose rsarrm(a) Wam subscribed to the vidhm mabument and acluwwledged to me that hersheMay executed the same in hislherlthw authonzed cdKee* and that by his rw/ther aignatureM on the au*umerd the persnn{aj. or the entity upon behaff of which the person(s) acted. executed the instrument- 1 certify under PENALTY OF PEFUURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature S0xztrxe of Notary Pubr= Pialce Notary Seat Above OP71DAW Though this section is optidnal. cornpleBng His infomratiarr can deter atteratfcn of fhe docum A or fraudulent reaffachrrmwd of this form to an unintanded document Description of Attached Document Tide or Type of Document Nunber of Pagsm Signer(s) Other Than Named Above: Capacityri-) Claimed by Signers) Signers Name: ❑ Corporate Officer — Tr3 *)- ❑ Partner — ❑ Lonritsd ❑ General ❑ Individual ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other_ Signer In Representing Signers Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Genera{ ❑ Individual ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator r 1 Other_ Signal Is Repreaenbmg: CM14 Nations, NotwAs wWbon • wwwJ4dKnoNatnry cxg • 1-800-LFS NCFTARY (1-806-87B-0827) hwn #O7 12 Revised: 5/ 1 /2020 55575.18165\32899991.2 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 13 Revised: 5/1 /2020 55575,18165\32899991.2 _THE ART COLLECTIVE PINE ART SERVICES October 23, 2020 City of Palm Springs RFP#07-19 Attn: Ann Sheffer Cleaning & Maintenance Public Art 3200 East Tahquitz Canyon Way Continued Proposal 2020-2021 Palm Springs CA 92262 Recommended Continued Maintenance: * Fees associated are for bi-annual cleaning & maintenance. Refer to conservator report for repair estimates. 1. Aqua Caliente Woman Bi-annual cleaning. Work will be thoroughly cleaned with a 2% orvus solution mixed in distilled water. The bronze will receive a coat of renaissance microcrystalline wax to seal the patina to offer continued protection from sun and environment. Current condition: Bronze was dry and waxing greatly improved the surface, recommended biannual cleaning. 3790 2. Young Basketmaker Bi-annual cleaning. Work will be thoroughly cleaned with a 2% orvus solution mixed in distilled water. The bronze will receive a coat of renaissance microcrystalline wax to seal the patina to offer continued protection from sun and environment. Current condition: The piece is in excellent condition, with the wax layer holding up extremely well even in areas of high exposure. A few areas were touched up that were showing signs of thinning. The excellent coverage can be seen in the beading water droplets in the photos following last cleaning and waxing. A non-existent wax layer would not bead. 1870 3. Charlie Farrell (see conservators report and restoration options) See conservators report & estimates for repair. The Art Collective recommends this for restoration given its high visibility. A bi-annual cleaning should be continued. Current condition: The piece needs treatment from a conservator to remove the build-up of calcium deposits from the sprinklers. Though able to remove some of the filth i.e. bird droppings, the bronze needs the specified care of a conservator to remove and restore the sculpture. 300 4. Help is on The Way Bi-annual cleaning. Cleaned with Distilled water followed by a gentle wipe down with micro - fiber cloths, bi-annual waxing. Current condition: The bronze is in excellent condition, consistent with the initial cleaning. The wax layer is also in excellent condition, though there were a few spots where it was clear that the wax layer had been removed i.e. a hand, the firearm, a police baton, and the door light. These spots were subsequently waxed after cleaning. 350 5. Machine Age, Forget Me Not, Le Campas de Vulcan Bi-annual cleaning recommended. Current Condition: The steel is in excellent condition, but infrequent cleanings have let bird droppings eat into the surface of the rust and leave more permanent markings. In time, and with more frequent cleanings, these will lessen. 1200 The Art Collective Fine Art Services 34330 Gateway Drive Unit 110, Palm Desert CA 92211 .THE ART COLLECTIVE FINE ART SERVICES 6. The Batter Bi-annual cleaning recommended to avoid further damage. Can be painted, base is dented. Needs estimate for painting and repair if city would like to proceed with restoration. Current condition: The cleaning removed a layer of dust and some bird droppings. The piece is in rough condition. 300 7. Wave Rhythms See conservator report. Art Collective recommends further discussion before proceeding with repair and restoration options. No maintenance is available, The sculpture is in an exceptionally rough condition, any extensive cleaning will only worsen the state of the chipping and removing paint. 8. R. Hero Bi-annual cleaning recommended to avoid further damage. Can be painted, Needs further review by artists for repair options. Current condition: Though the piece is in rough shape, the cleaning did help in removing some stickers that had been placed onto the sculpture as well as brightening up the overall. 275 9. Monsieur Pompadour and Mademoiselle Coco Bi-annual cleaning. Both works are in excellent condition and merely required a rinse and wipe down to remove the dust. 275 10. Jungle Red —cancelled. 11. Intersecting Cubes Bi-annual cleaning to maintain good condition Current condition: The piece is in excellent condition with only minor scratched and chips. 400 12. Lucille Ball A regular maintenance will suffice to care for this work with an annual waxing, a bi-annual cleaning and spot waxing as needed. Current condition: The sculpture is in excellent condition, with a very small amount of grime and bird drop- pings that have accrued since the last cleaning. The wax layer was in good condition though visibly diminished in areas of severe public contact. The wax layer acts as a protective layer for any contact with foreign substances and will continue to protect this sculpture which invites so much interaction. 575 13. Chairman of the Links Bi-annual cleaning. Due to the excellent condition of the wax layer applied, it can be determined that regular maintenance is all that will be required going forward. An annual waxing and bi-annual cleaning with spot waxing as needed. Current condition: The sculpture was in excellent condition, merely needing a cleaning to remove a thin layer of dust. It was apparent from the cleaning that the wax layer applied in the first cleaning has maintained well, even in areas of highest exposure. This can clearly be seen in the beading of water on the surface of the bronze. The only exception being the top of the hand, ostensibly where there is the most friction contact from individuals. An additional layer of Bowling Alley wax was applied to this area as a preventative. 450 The Art Collective Fine Art Services 34330 Gateway Drive Unit 110, Palm Desert CA 92211 .THE ART COLLECTIVE PINE ART SERVICES 14. Lawn Chair Bi-annual cleaning. To discuss committee's decision to move artwork, destination to be determined for estimate for removal, transport and installation. Current condition: Excellent 150 15. Standing Woman (see conservators report and restoration options) See conservators report & estimates for repair. The Art Collective recommends this for restoration given its high visibility. A bi-annual cleaning should be continued after repair. Current condition: The bronze has a large accrual of white deposits on the surface that could not be removed with light cleaning. $525 (can be scheduled after restoration) 16. Whirlwind VI (see conservators report and restoration options) See conservator report. Art Collective recommends further discussion before proceeding with repair and restoration options. No maintenance is available, the piece has a heavy build- up of calcium deposits that our non -marring picks are unable to remove. 17. Nines and Elevens Biannual cleaning. To discuss committees' interest in repainting sculptures. All are faded. A bi-annual cleaning will help maintain paint and brightness. Estimate needed pending options requested. Current condition: Substantial sun and time deterioration. 600 18. John Clement Pieces: Biannual cleaning recommended to prevent further damage. Red: Butch. The sculpture was in a fairly clean condition, though the cleaning helped remove dust and grime. The sculpture's long term care parallel's the other two John Clement works. NEXT STEPS: The sculpture still shows signs of more permanent damage i.e. chipping paint, rust. The paint surface of the work also has a lot of variation, either from the wrong paint being applied at different points, or from variable aging of the paint. A repainting of the surface is likely in order, perhaps coinciding with the objects potential relocation. Discuss repainting options for estimate. 600 Yellow: Squeeze. The sculpture had accrued a foggy dust layer which was successfully removed by the cleaning process. The sculpture brightened up considerably. Successive landscape cleanings have thrown a considerable amount of green debris onto the sculpture, staining its surface. NEXT STEPS: The sculpture still shows signs of more permanent damage i.e. chipping paint, rust, graffiti damage in the surface as well as staining from grasses. There are recent signs of beneficial landscaping around the surface, clearing of the concrete pad which the work is mounted to. The paint surface of the work also has a lot of variation, either from the wrong paint being applied at different points, or from variable aging of the paint. A repainting of the surface is likely in order, perhaps coinciding with the objects potential relocation or placement upon a gravel surface instead of grass. Discuss repainting options. 750 Orange: Ithiel. The sculpture had accrued a foggy dust layer which was succesfully removed by the cleaning process. The sculpture brightened up considerably. The Art Collective Fine Art Services 34330 Gateway Drive Unit 110, Palm Desert CA 92211 _THE ART COLLECTIVE FINE ART SERVICES NEXT STEPS: The sculpture still shows signs of more permanent damage i.e. chipping paint, rust, graffiti damage in the surface. There are recent signs of beneficial landscaping around the surface, clearing of the concrete pad which the work is mounted to. The paint surface of the work also has a lot of variation, either from the wrong paint being applied at different points, or from variable aging of the paint. A repainting of the surface is likely in order, perhaps coinciding with the objects potential relocation. Discuss repainting options. 750 19. Palm Springs Convention Center Pieces: Biannual cleaning recommended A Personal History of Palm Springs This piece is in excellent condition. Minimal maintenance required 150 The Entertainer The patina is in excellent shape. Only routine maintenance required to maintain condition 150 Sympatico A regular maintenance of an annual waxing and bi-annual cleaning will suffice to maintain the sculpture's excellent condition. Current condition: The sculpture is in excellent condition and the wax layer is holding very well. 450 Crouching Lion Because the sculpture showed such excellent signs of maintaining its wax layer, regular maintenance is all that is required from here on out. With an annual wax layer and bi-annual cleaning, the sculpture's now excellent condition can be maintained easily throughout the year. Current Condition: In cleaning, it was clearly seen that the wax layer that was added in the first round of cleaning is still intact, even in areas of greatest exposure. This can be clearly seen with the beading of water droplets on the surface of the bronze. 450 20. PSP Sculptures. Biannual cleaning. Four Chihuly Glass pieces Requires biannual vacuuming and cleaning of work and vitrine to maintain quality and improve visual clarity. 575 Sonny Bono Bust Biannual cleaning & waxing Current condition: Patina is in decent condition and will continue to improve with biannual maintenance. 575 John F. Kennedy bust Biannual cleaning & waxing Current condition: Patina is in poor condition. Will need review by conservator to determine repair and maintenance going forward. 375 Balzac Biannual cleaning & routine washing. 375 The Art Collective Fine Art Services 34330 Gateway Drive Unit 110, Palm Desert CA 92211 .THE ART COLLECTIVE FINE ART SERVICES 1. TOTAL FOR 2020-2021 CONTINUED MAINTENANCE The Art Collective Fine Art Services $16,260 2. Contingency for add on requests, inspection of public art sails: 3 740 3. Full inventory and updated report of Palm Springs Public Art. Deliverables to includ digital database, updated inventory list with current conditions and recommendations from The Art Collective on how to proceed with repair, maintenance and restoration. 5 000 Total Contract Amount for 2020-21: $25,000 The Art Collective Fine Art Services 34330 Gateway Drive Unit 110, Palm Desert CA 92211 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self -Insured Retentions, and Severability of Interests (Separation of Insureds) 14 Revised: 5/1/2020 555 75.18165\3 2899991.2 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required - is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 15 Revised: 5/1 /2020 55 5 75.18 l 65\32899991.2 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No." or 'for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). C. "Should any of the above -described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 16 Revised: 5/1 /2020 55575.18165\32899991.2 D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 17 Revised: 5/1/2020 55575.18165\32899991.2 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 01/07/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: REBECCA BYROM INS AGENCY INC 57130648 7960 SILVERTON AVE 203 SAN DIEGO CA 92126 PHONE (888)724-7242 (A/C, No, Ezt): FAX (858)227-0850 (A/C, No): E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAICN INSURERA: Sentinel Insurance Company Ltd. 11000 INSURED INSURER B : Hartford Accident and Indemnity Company 22357 THE ART COLLECTIVE INSURER C : Security National Insurance Company 560760 34330 GATEWAY DR STE 110 PALM DESERT CA 92211-0849 INSURER D INSURER E : INSURER F : CnVFRAnFS CERTIFICATE NUMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIALGENE RAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADEF]OCCUR DAMAGE TOREONTED PREMISES (Ea $1,000,000 X General Liability MED EXP (Any one person) $10,000 A X X 57 SBA BM2310 09/06/2020 09/06/2021 PERSONAL a ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY ❑ PR JECT O- a LOC PRODUCTS - COMPfOPAGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY (Per person) B ALLOWNED X SCHEDULED AUTOS AUTOS X X 57 UEC FP6693 09/06/2020 09/06/2021 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) HIRED NON -OWNED X AUTOS X AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS- MADE DED I RETENTION $ WORKERS COMPENSATION PER I OTH- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT $1,000,000 ANY YIN PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A X SWC1250462 07/12/2020 07/12/2021 E.LDISEASE-EAEMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Those usual to the Insured's Operations. CFRTIFICATF I-IOI r1FR CANCFI 1 ATION City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 3200 E TAHQUITZ CANYON WAY BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED PALM SPRINGS CA 92262 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �S41e0L._) 1-411, ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED REBECCA BYROM INS AGENCY INC THE ART COLLECTIVE 34330 GATEWAY DR STE 110 POLICY NUMBER SEE ACORD 25 PALM DESERT CA 92211-0849 CARRIER NAIC CODE SEE ACORD 25 EFFECnVE DATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is an additional insured per the Commercial Auto Broad Form Endorsement HA 99 16, attached to this policy. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Commercial Auto Broad Form Endorsement HA 99 16, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this policy. ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD H a a w L .. m E u WA H i��Q� LG U) II II N N N N W F II N N N (4 ry' 0 LL II \\\\ LL ,� x II r-I H H W I I 0000 E II ri riHH Q II N N N N [cl I I N N N N a II ri ri ri ri U1 II \\\\ II H H H H H H 11 O O O O I II O II O II W II E u W 6 II N Q Ci II I U1 z z O II II II ID W 11 a Cl)II O l- OD CA z II ri Vw v.0 W 11 OOOO U] U 11 Hri HH W H II ri 000 U1 .j II N .-i ri H z \ u A H II \ W .] El ii o z �a Uz II w u H a I u a u ul F u Ix u W o a Ix u u at w U) u UW iiq W F H N N W RC ii o W w U) 11 rMn W 0 W II C Q H II M VII .'7) 11 W u a I u u u u u u n u U u .7 n .] u u n I H 11 F 11 U II W u .] H II 0 U U1 II H W F ri Ix z u oN ElU) ii W z N m U R H O I FC H t0 O II d� •• •• OH H Q 11 00 OD U H It to W W W 11 N U W (y' H W "M, II O QEl U7 W li Na0 4 'LM City of Palm Springs Finance Department Business License Tax Division RECEIVED Please Select Below - ❑r New Application 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 ❑ Renewal �.... .� Phone: (760) 323-8289 Fax: (760) 322-8344 ]AN 12 2021 , �(fro ❑ Change of Address stt!�A Web: www.palmspringsca.gov Email: business.license@palmspringsca.gov, ❑ Reactivate License Business License Tax Application gLISINOUCENSE QF 0"�{y, b## �PRINGP Please refer to the 'Application Instructions and Fee Schedule" document for specific inforriidtib e a comp ete this Application. Business Name The Art Collective LLC Business Start Date 2/13/19 Business Address 34-330 Gateway Drive, Unit 110 Phone Number 7602627741 City Palm Desert State CA Zip Code 92211 Mailing Address same as business address Alternate Phone a 7605805934 City State Zip Code Contact Name Arlene Amick Contact Email arlene@theartcollective.com Select Address for "Service of Process" (AB 2184 -This address will be available for public disclosure) El Business Address ❑ Mailing Address Type of Ownership ❑ Corporation El LLC ❑ Partnersh p ❑ Sole Proprietorship ❑ Trust Owner 1 Name Arlene Amick Phone Number 7605805934 Address 72680 Desert View Drive City Palm Desert State CA Zip Code 92260 Owner 2 Name Kyle Elder Phone Number 3187924678 Address 79783 Independence Way City La Quinta State CA Zip Code 92253 Type of Business ❑ Administrative ❑ Manufacturing ❑ Property Management r❑ Service ❑ Retail/Wholesale Federal Tax or Employer ID (TIN or EIN) 83-3564970 Standard Industrial Classification (SIC) Code 1799 Type/Description of Business Fine Art Services & Fine Art Storage Location of Business ❑ In -City 2 out -of -City ❑ In -City Home Occupation ❑ Workspace within an Existing In -City Business Please Complete All Applicable Fields based on Type of Business Business License Fee Calculation State Business Entity Number 201904310214 Administrative Fee $ 32 Seller's Permit Number 24B-887424 State Disability Access Fee (ABMAID $ 4 Driver's License Number/Class D3379461 /C Business License Fee $ 266 Contractor's License Number/Class N/A c� J Building Inspection Fee AN 12 2021 $ Number of In -City Personnel 3 Fire and Safety Inspectiorf GL Ur-ei%liarETli $ Number of Rental Units N/A Home Occupation Fee CITY OF P,ltLM SPRINGS $ Number of Vending Machines N/A Other $ Number of Fuel Pumps N/A Penalty $ NPDES WDID Number (SB 205) N/A 36O"0 NONA or NEC Number (SB 205) N/A Total Amount Due $ W0- (] Signature X Date 1l8/2021 Please make check payable to: vity of Polm Springs. If mailing your application and payment, please use the following address: City of Palm Springs, Business License Tax, PO Box 2743, Palm Springs, CA 92263-2743 Planning Approval Department use only Building Approval SIC Code Valldatlon Fire Approval Coda on NPOES List? Police Approval ❑ yes ❑ No Form Revised January 2020 1/12/2021 City of Palm Springs I Online Receipt �+pA4M Sq City cog Pain-, Springs 3200 E. Tahq ' z Ca you Way Jacob Azar, Audit & Rev Supervisor Pam Springs, California (CA) 92262 +1 760-323-8249 Jacob.Azar@palmspringsca.ggv_ Invoice Number: ArtCollect Item 1 $302.00 ........................................................................................................................................... Subtotal $302.00 Total Taxes $0.00 Total $ 302 00 PAYMENT ID: W308SK1 JS7Q1 E Hide Details Card: Visa 0177 January 12, 2021,10:58 AM Method: INTERNET TRANSACTION Auth ID: 050737 Reference ID: 101200510170 Authorizing Network: VISA DATE VISA January 12, 2021 VISA 10:58 am 0177 View the Privacy Policies for Clover so 06 https:/Jwww.clover.com/pfW308SKlJS7Ql E 1/2 CONTRACT SERVICES Cleaning and Restoration of Palm Springs Public Artwork With The Art Collective THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on! rAber $, 20fq by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and The Art Collective, a Limited Liability.Corporation, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of The Art Collective, for the cleaning and restoration of Palm Springs Public Artwork, ("Project"). B. Contractor has submitted to City a proposal to provide cleaning and restoration of Palm Springs Public Artwork, to City under the terms of this Agreement. C. Based on its experience, education,training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. In consideration.of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scone of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide cleaning and restoration services of Palm Springs public artwork to the City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent,professional,and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Page 1 of 63 Revised:1131/18 720599.1 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Contractor shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Contractor. Delays shall not entitle Contractor to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed$30,170.00. 3.2 Method of Payment. In any month in which Contractor wishes to receive , payment, Contractor shall submit to City an invoice for services rendered prior to the date of the invoice,no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work,when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. Page 2 of 63 Revised:1/31/18 720599.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor,if Contractor notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing on the execution date of the agreement, and ending on June 30, 2020, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Contractor may terminate this Agreement,with or without cause,upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified services and work: Arlene Amick, Owner & Project Manager. It is expressly understood that the experience,knowledge, education,capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Contractor shall refer any Page 3 of 63 Revised:1/31/18 720599.1 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,education,capability,and reputation of Contractor,its principals and employees,were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither 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, except as otherwise specified. Contractor shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor's work product, result, and advice. 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. 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Arlene Amick Project Manager Kyle Elder Contract Manager Matthew Roberts Senior Art Technician Andrew Elder Fine Art Technician Travis Crittenden Fine Art Technician 6. INSURANCE Contractor shall procure and maintain,at its sole cost and expense,policies of insurance as set forth in the attached Exhibit"B", incorporated herein by reference. 7. INDEMNIFICATION. Page 4 of 63 Revised:1/31/18 720599.1 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees(collectively"Claims"),including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed,until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. WAIVED if the Agreement is deteEmined to be a"design professional sen4ees agreement" and ron—ft—areteviris a "design pr-efessional"undef Ga4ifemia Civil Cede Seetion 2782.8, then-. > , liabilities,effleer-s, employees, agei4s and vehmteer-s and all other-publie ageneies whose approval of the any a-ad all > and penalties (colleetively"Claims"), ineluding but not limited to Claims afising ffem i * i death of per-sons (Centfaeter-'s employees ineluded) and damage to pr-epefty-, 6.h C.1._P1 i out of-,peftain > > employees,its agents, > r-ee4dess or-will extent sueh Claims arise fiem the negligence, r-eek4essness or-willful miseendua of the City and B. The Gep&aetor- shall require all non design professional sti-b eontfaetar-,, Agr-eefn&A, to exeente an Inden3nifieation Agreement adopting the ifidemnity provisions in sub seetion 7.1 in favor-of the Indernnified Par-ties. In addition,GefAfaeter-shall r-eqttir-e all non design professional s4 eei#Faeter-s, used or- sub eontraeted by Gentraeter to peF&Fm t4ie Services or- Work r-equir-ed tmder- this Agreement, to obtain insumnee that is eensistent with the Insurance -­ns as set feith in this Agr-eement, as well as any other-misuranee —at may be required by �,,,,,-...,,.t Page 5 of 63 Revised:1/31/18 720599.1 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs,expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents,and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications,reports,records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Contractor shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section Page 6 of 63 Revised:1/31118 720599.1 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRINIINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor,or any successor-in-interest,in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin(i.e.,place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any Page 7 of 63 Revised:1131/18 720599.1 discrimination arising from or related to any prohibited basis in any Contractor activity,including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,relating to non-discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that 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 pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: The Art Collective—Fine Art Services Attn: Arlene Amick 34-330 Gateway Drive Unit 110 Palm Desert, CA 92211 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. Page 8 of 63 Revised:1/31/18 720599.1 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise,upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. Page 9 of 63 Revised:1/31/18 720599.1 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs r Date: By: David H. Ready, PhD City Manager APPROVED AS TO FORM: ATTEST By: Bydtony vt% J •e allin Mejia City Attorney City Clerk "CONTRACTOR" The Art Collective Fine Art Services Date: 2 , z,)8 By: Date: 14111 vxiame see` et'�ai APPROVEM Page 10 of 63 Revised:1/31/18 720599.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§1789 ee<»x•ez lo-xmr<ac<ac,r`<,S•,C.(•.�`r.+`a+`.r.�.+.r..nrara,es,.xm�«<e«c<w'<C.C..lx�rt,.......h.��r��mra.,a:.wQ sae A no'txy p A)Tc or other oftsr camplsWg thin certE=veri5eo m.'�the idly of Elie nxWxkd%to:fined the docmarn to%1,5ch tk cart5cate b anwhed.Sand not ffrstnrthVm= •orv3U4ofd=docunnernt ChdS Of G3If0rni3 } Countyof �L On A, v? 2 h before mne, /)r:e V G4 Is i, 1�bte / `, Hate Inert fume and Tiffs of ffse Officer g�eran3ily appeared f I^/ P /Ti'27 C/lJ - same()®f agnerr2' who proved to me on the ba:Sa of:atinfadcry evidence to be the per"on(a) who::e name[-2.12. cubic'bed to the within inatramrent and ackmonvl to me that h o-ey executed the same in hb4h=i it authorized capan ffm and that by hi r serf signature(n3 f an the imr^trumemf the peraon(d( or the entity upon behalf of which the per-on(g)acted,executed the in afrunarrL 1 certify under PENALTY OF PERJURY under the la►vo of the State of California Itrat the fcragdog paragraph is true and correct. M URNS W117NES3 my hand and official ceal_ %'•�` Notary Public ublic-California z i Riverside County > Vgnsture Commission f 2218260 Sjgw 3lf hWPublic My Comm.Expires Nov 11,2021 ,P;Jcs Nally asaf Above O.P 0,W 7bough tf ja cecfibn fa opfionaf,compfafing ffrxa informatib n can defer a&rafion of the document.or fraudulent resit achmsrd of ffrls forma to an unintended document Description of Attached Document C_ Trfle or Type of Document: 6ib-�MzeX Document Date: Number of P3ges G�Signer(a)Other Thnn Named Above: -P i- Cop3city(ie3)Claimed by 5igner(3) signers.Name: Signer 3 N31ne- 0 Corporate Officer—TftBe(s): ❑Corporate Officer—Titlet): ❑Partner— ❑Limited ❑Genera! ❑Partner— ❑L'nmited ❑Genera! .EIndivndual ❑Attorney in Fact ❑Individual ❑Attomey in Fact /❑Tnratee ❑Guardian er Coneem3tor ❑Trustee ❑Guan3sn or Comervator ❑Other. ❑Ofhw. Signer la Repra enting: Signer 6s Repracerding: D1H Itlatiorid Notary A=ociatim-wwwllAknallotoy mg•1-BaD-U3 MUTARY(1-800-t17B-8827) Item#=7 Page 11 of 63 Revised:1/31/18 720599.1 EXHIBIT "A" CONTRACTOR'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Page 12 of 63 Revised:1131/18 720599.1 .THE ART COLLECTIVE FINE ART SERVICES 34.330 Gateway Drive Unit 110 Palm Desert CA 92211 July 12,2019 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs CA 92262 Attn.Leigh Gileno,Office of Procurement and Contracting Department Subject RFP-407-19 Cleaning and Restoration of Palm Springs Public Artwork The enclosed proposal is in response to the above-referenced Request for Proposal 407-19, Cleaning and Restoration of Palm Springs Public Artwork_ Through submission,The Art Collective,LLC agrees to all of the terms and conditions of RFP 407- 19 and offer services as outlined in the scope of work_ The Art Collective is a locally-based organization that provides expertise in a variety of fine art services,including the requested examination,restoration,cleaning,and maintenance of public art Our team has provided fine art expertise in the Coachella Valley for the past fifteen years_ Per the submission guidelines,we have included information on our services and a detailed breakdown of what we would offer the City of Palm Springs for the requested RFP_ We have carefully read and examined the RFP and have conducted such other investigations as were prudent and reasonable in preparing the proposal_We agree to be bound by statements and representations made in this proposal and to any Agreement resulting from the proposal_ The person signing this RFP declares that they are the duly authorized signing authority with the capacity to commit their fine/company to the conditions of this proposal_ If there are questions concerning the enclosed proposal,we would be happy to offer additional information_ Thank you, Arlene Amick Owner&Project Manager,The Art Collective The Art Collective 34-330 Gateway Drive,unit 110,Palm Desert CA 92211 760.262.7741 Page 13 of 63 Revised:1/31/18 720599.1 Page 14 of 63 Revised:1/31/18 720599.1 _THE ART COLLECTIVE FINE ART SERVICES 34-330 Gateway Drive Unit 110 Palm Desert CA 92211 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs CA 92262 Attn:Leigh Gileno,Office of Procurement and Contracting Department Subject:RFP#07-19 Cleaning and Restoration of Palm Springs Public Artwork Section D:Project Schedule. The Art Collective,LLC is proposing the following cleaning and maintenance schedule for RFP#07-19. Please note this schedule is based on anticipated award date of contract.The timeline can be adjusted per the City of Palm Springs request and/or delay of contract agreement. Initial Cleaning of work 1-19. Two weeks in August:1-5 cleaning as outlined in section C. Two weeks in September:6-10 cleaning as outlined in section C Two weeks in October:11-15 cleaning as outlined in section C Two weeks in November:16-19 cleaning as outlined in section C November:Schedule additional and specialized cleaning needs following initial cleaning of work and determine any requests or advisement from proposed artists or conservators. Note:Sculpture that needs additional review or treatment may be outside scope of work and will need further approval from City of Palm Springs prior to scheduling. Initial Cleaning of work at Palm Springs Airport. August 2019—Fulfill work requirements for secured area of airport. September 2019-Schedule two days of sculpture cleaning through proper PSP airport scheduling standards. Bi-annual cleaning of work 1-19. December 2019—July 2020:4-5 sculpture per month scheduled for bi-annual cleaning as outlined in section C. The Art Collective will provide the requested reports that will include before and after images of the work prior to initial cleaning and any additional repairs or maintenance. Arlene Amick is the Project Manager for RFP#07-19 and will be the main point of contact to the City of Palm Springs'appointed liaison.Kyle Elder and Matt Roberts will be the point of contact during cleaning and maintenance and will adhere to all city requirements for proposed cleaning and maintenance scheduling. The Art Collective All need additional information for any sculpture that requires road closures or permits; the cost associated with such requirements is not included in the scope of work. Page 15 of 63 Revised:1/31/18 720599.1 CLEANING AND RESTORATION OF PALM SPRINGS PUBLIC ARTWORK Art Collection and Locations: 1. "Agua Caliente Woman", Tahguitz Canyon Way and Indian Canyon Way. Piece is very dirty and the patina is dull. Standard maintenance needed. 2. "Young Basketmaker", Tahguitz Canyon Way and Sunrise:Piece is very dirty and the patina is dull. Standard maintenance needed. 3. "Charlie Farrell", Palm Springs Airport at El Cielo:Severe calcium damage to lower half of sculpture. Needs to be restored with wire wheel to bare bronze and the re- application of patina. 4. "Help Is on The Way", In front of Palm Springs Police Station: Dirty and stained from bird droppings, standard maintenance. Piece is very dirty, and the patina is dull. Standard maintenance needed. 5. "Machine Age, Forget me Not, and Le Campas de Vulcan", along Kirk Douglas Way. Dirty, and bird dropping residue. Standard maintenance. 6. "The Batter", Sunrise Park: The piece is faded and rusting, and the base is scratched and marred. Needs to be repaired and re-painted. 7. "Wave Rhythms", Sunrise Park: Severe Damage—Whole piece needs to be restored. Paint is peeling, graffiti on stainless steel, calcium damage to stainless steel, base is growing moss and grass. 8. "R.Hero', 300 Sunrise Way. Some scratch damage to paint and peeling of clear coat. Dirty. Repair and clean. 9. "Monsieur Pompadour and Mademoiselle Coco' at Palm Springs Animal Shelter: There is some cracking of the welds on the cat piece, something to watch. Pieces otherwise in good shape. Both dirty. Standard maintenance. 10."Jungle Red", Warm Sands and Ramon Road: Dirty, stained from bird droppings and some water stains. Standard cleaning. 11."Intersecting Cubes", 803 N. Palm Canyon Drive: Dirty, bird dropping residue, standard cleaning. 12."Lucille Ball", 100 N. Palm Canyon Drive: Dirty, patina turning green. Standard maintenance. 13."Chairman of the Links", 124 S. Palm Canyon Drive: Dirty, stained from bird dropping residue, patina turning dull. Standard maintenance. 14."Lawn Chair", 1466 N. Palm Canyon Drive: Steel parts rusting. Standard maintenance. Page 16 of 63 Revised:1/31/18 720599.1 15."Standing Woman", 221 S. Palm Canyon Drive: Severe calcification damage from regular contact with water from sprinklers, calcium will need to be removed over time or a total restoration will be required. Alternatively, sprinklers could be re-directed. First step calcium removal and cleaning. 16."Whirlwind VI", Ruth Hardy Park: Severe damage from sprinklers. Calcium deposits caked onto metal. It will have to be completely sanded down and refinished. 17."Nines and Elevens", Demuth Park. All pieces are severely damaged due to use, wear and neglect. All pieces need to be sanded down and re-painted 18.John Clement Pieces: o Red: "Butch", 370 San Rafael Drive,good shape. c> Yellow: "Squeeze", 538 N. Palm Canyon Drive,good shape. o Orange: "Ithiel", 777 E. Tahquitz Canyon Way,good shape but a little faded. 19. Palm Springs Convention Center Pieces(277 North Avenida Caballeros): o "A Personal History of Palm Springs", good shape, standard maintenance. o "The Entertainer", dusty but good shape, standard maintenance. o "Sympatico", dirty but good shape, standard maintenance. o "Crouching Tiger", dirty,water stains, patina turning green, standard maintenance. 20. Pieces at the Palm Springs International Airport(3400 Tahquitz Canyon Way): o Four Chihuly glass pieces o Sonny Bono bust o John F. Kennedy bust o "Balzac" by Christopher Georgesco (See attached pictures below of artwork located at the Palm Springs International Airport on the air side of the airport). Page 17 of 63 Revised:1/31/18 720599.1 COPS PUBUCARTPROPOSAL VORKPLAN01 AGUA CALIEWE WOMAN THE PATINA OF THEBRONZEIS W GOOD CON01770N THE VAX LAYER HAS SEVERELY ERODED IN HIGH EXPOSURE AREAS THE WORK IS IN NEED OF DUSTAND BIRD DROPPING REMOVAL V,VRK WILL EE THOROUGPLYCLEANED VATHA 296 ORVUS SOLUTION!TAXED IN DISTILLED WATER THEBP.ONZE WILL THEN RECIEVEAN INITIAL COATING OFRENAIS- S1 NCE LRCROCRYSTALUNE WAX WM,CH WILL SEAL IN THE PATINA,THUS PROTECT- INS THEACTUALBRONZEFROLIDAMAGE REPEATED MNNTE WCE MLL BEA BIANNUAL CLEANING AND WAXING. COPSPUBUCARTPROPOSAL SLORKPbw02 YOUNG BASKE7MAKFR 7HEPATWA CNTHEBRONZEISIN GOOD CONDOM.7RE LVAKLAVER HAS ERODED HFAW-YINAREAS OF GRFATESTE XPOSURE.SOLE GR4FFM AWRKSARE VISBLECNTHE67CKSVE OFTNESCULPIURE tY BRONZE WILL SE7HOROUGFBYCLEANED WRHA2%SOLUT70N GFORVUSAND DIS771.1 M WATER IF 7RS DOES NOT HEMOVETHE GRAFA77ACCWSEWATOR Wilt BECONSULTEDAS TO 7HEAPPRO- TEL£ASURES 70 TAKEAFIER CLEANING TREBRONZE%ILL SE WAXED WITHAGOODLAYEROFRENAISS NCE AOCROCRYSTALLINEWAIL RODUNE MAINTENANCE VALL CCNSISTGFA LUANMAL CLEAAMMAND W4"J. Page 18 of 63 Revised:1/31/18 720599.1 COPS PUBL ICART FROPOSAL WOMKFLAA1 LL3 CHARLIEFAR.RELL 0 THE BRON EIS BEING NEGAMELY AFFECTED BY THE CONSISTENT SOAK- ING FROMALUECENT SPRINKLERS.THE HARDNESS IN THE IRRIGATION WATER HAS LEFTA THICK SCALE ON THE WORIC THESPR➢M(LERSWILLBEREDI- 0- REC7ED THE WAXLAYFR IS NON-EXISTENT.THE WORK MLL BE CLEANED ATTHA.2% SOLUTION OF ORVUSAPM DISTILLED WATER IFSCAL/NG STILL PERMSTSA CONSERVATOR WILL BE CONSULTED FOR BESTAPPROACH FOR SCALE REMOVAL THE WORK WILL THEN BE WAXED WITH RHVAISSANCE MICRO- CRYSTAUME WAX AROUTINE CLEAN- 0VGAND WAXPNG Mt OCCUR BIwANNUALLY ! THEBROAME PLAGUE IS ALSO BEING NEGATIVELYAFFECTED BY7HE SPRIN- INER£THE PLAQUE WILL BE NFIGUTREATED \ IN THE SAME 4YAYA57HEMAINPIGUAE COPS PUBLICARTFROFOSAL Wt7RKPLAN 04 HELPISON THE WAY l 714E PATINA IS IN E X GEL L ENT`SHAPE. ALL THAT IS REQUIRED ISA SCHED- ULE CF R0UTZME AMNTA16'ENCE. THIS WILL CONSIST OFA El-ANMAL CLEAMNGA.ND t&%XWG. Q Page 19 of 63 Revised:1131/18 720599.1 COPS PUBLIC ART PROPOSAL WORK PLAN 05A FORGET MENOT BIRD DROPPINGS WILL NEED TO BE CLEANED FROM THE SURFACE WITH GENTLE SPRAYING OFDIS77LL© WATER THE RUSTED STEEL SURFACE IS IN GOOD CONDITFONAND APPEARS TO HAVE REACHED T>c STABLE CONDITION FOR THIS KIND OF METAL,MEANING THAT THE RUST HAS FORMEDA SEAL AGAINSTFURTHER IVEATHERINGAND NEGA77VE RUSTING.LIMITED SURFACE CONTACT IS NEEDED TO MAINTAIN THE VISUAL QUALITY OF THE WORK A BI-ANNUAL RINSING MTH DIS77LLED WATER WILL BE SUFFICIENT. IT IS RECa'X-A&DED THAT WE ASSESS 774EART 1VORKLIGHTING AND POTE707ALLYADD FiXTUPES TO INCREASE THEARTIMCITKS VISIBILITY. COPS PUBLIC ART PROPOSAL WORK PLAN 0E8 AIACM AIEAGE BIRD DROPPINGS MML NEED TO BE REAMED LWTH THE GENTLE SPRAVOF DISTILLED LVATER.77iEREISANACCRETLON OFSCALE FROM 7HEADIECENTSPRIMMLERS J WHICH MLL NEED TO BEADDRESSED.ONCE THESESURFACEISSUESAREADDRESSEOA ROU7INEMAINTENANGEOFRINSING MTH VISRLLED WATER MLL OCCUR BI-ANNUALV SPRLNIqERSWILL NEED TO BE REDIRECTED FROM HITTING ME SCULPTURE_API ADD1- 770MAL RECOAVAENDA7ION WOULD BE TO CLEAR.THE GROUN DAP.OUND 77=—SCtXP TI/REOFGRASSCOMPLETELY,INFIL UNG LW M GRAVEL OR SAND,TMUS dAlOWNG THE \ &VOMCA6MAYMOM ORGANIC AMTERIALAND f^� \ MOI5TUREIWCH EXACERBATE THE RATEAT LIMCH7ILESTEELRUSTS. ( PLA Gil VG THE 9MORK ONA GC ICRETEPAD OR ONTO DIRT WOULD INCREASE ThE WORKS LONGEVITYIIV THIS ENVIRONMENT Page 20 of 63 Revised:1/31/18 720599.1 COPS FUBLICART PROPOSAL WYORKPLAIMC LE GAMPAS D£VULCAN BIRD DROPPINGS MLL NEW TO BE CLEANED 111 FROM THE SURFACE MYTH GENTLE SPRAWNG OFDISTILLED 1VATER. THERUSTW ST£ELSURFACEISINGOOD CONDITIONAND APPEARS TO HAVE REACHED THE STABLE COMMON FOR THIS IGNDOF METAL,MEANWG THAT 714ERUSTHASFORMED A SEALAGAINST FURTHER 14S47HERINGAND / NEGATME RUSTING.LIMTED SURFACE CON- 01 TACT IS NEEDED TO MAINTAIN THE VISUAL QUALITY OF THE WORICABI,ANNUAL RINSING WIT14DIS77UED WATER WILL BE SUFFICIENT COPS PUBLICARTPROPOSAL WORKPLANUB THE PATTER THIS WORKSHOWS SIGNS OF NEEDING TO BE REPAINTED,THERE 1S SOMERUSTSPOTSAS WELLAS MANYSCUFFSAND SCRATCHES IN 7HESURFACE THEARTISTS STUDIO WOULD RRSTEE CONSULTED ONREPAINTINGAM THENSUBSEQUENTLYACONSERVA70RIFTHE STUDIO WAS NOT WILL MG ORABLE TO RESURFACETHEART&VORK WASHING WITH A296 S WOULD CONSIST OF WASHING W77HA 2�'i SOLUTION OF ORVUSAND DIS77L LED WATER WITH SOFT CLOTHSAND BRUSHES A MANNUAL ROUTINE OF CLEANING WOULD THEN BE ESTABLISHED f STEEL ISA PEDESTAL RDEWAIRS CHI SIDHIS OF WOULHE D STEEL PEDESTAL REPAIRS CAI THIS WOULD BE IWGH OAPOSSSLE WdTHOUTA SIGNIFICANT 11"ERVENTION.THEFEVESTALALSO REQUIRESARE-FAI=MG. Page 21 of 63 Revised:1/31/18 720599.1 COPS PUBLICART PROPOSAL WORKPLAN G7 V AVERHYTHMS THEREARE SIGNIFICANT ISSUES WITH THIS PIECE THAT INCLUDE DAJLI4GE,PAINT LOSS 1 AND GRAFFM.THEPAMTLOSS IS THROUGH- OUT 7HEWOP.K,LMTHWMESPREA.DLOSSAND PEELING.IN ORDER TO RESTORE THIS WORK OFART THEARTISTS STUDIO WILL NEED TO BE CONTACTEDANO IF7HEYARE UNABLEOR UNWILLING TO PROCEED 117704 RESTORATIOd'l A CONSERVATOR WOULD BE EhIFLOVELD REGARDLESS THE WORK IVLL HAVE TO BE DISSASEILSL EDAND TAKENOFF-SITETO ACCOUFLLSH THE REFINISHING AND REPAINT- ING.A CRANE WOULD BE REQUIRED TO ACCOMPLSHTHIS TASK MORE DETAILS UPON / REQUEST_ AFTER NECCES7RYRESTORAMON HAS OCCUMM AND WORK IS ONCEAGAIN MSTALL.ED ON LOCATION,SPRIMKL ERS WILL HAVE TOBEACULISTEDIN ORDER 70AVOID SCALE BUILD UP REGULARI"NTEMANCE WILL OCCUR BI-ANNUALYAND WILL CONSIST OFA WASHINGAND RINSING WITH DISTILLED WATER. ' GRAFFITIINLOWER PORTIONS 6MLL NEED TO --- BEREMO'VED IN ORDER dD SEE HOW&fUCH DAMAGE THE S7EEL SUSTAINED FROM ITS CONTACTWITHUNF(MOV.71➢ ATFRMLS THE BRONZE PLAQUE W/LL-BE CLEANEDAND WAXED AND MAINTAINED ONA B/-ANNUAL \� ROTanohL COPS FUSLIC ARTFROPOSAL HERO AN CJB THEREARENUMEROUS POINTS OF R. SRO � INTEREST FOR RE57DP.ATION CW THIS SCULPTURE:THERE)SA SIGNIFICANT FADING OF 774E r CCLOR ONAREAS OF HIGH EYPO- SURETO HEATISP.ECCO- MENDED THAT THAT TIfEARTI57S STUDIO BE CONTACTED FOR RESTORATIONA&V REFINISHING. 7HEREAREhMArYS➢LLAL.L CHIPS IN THE PAINT WHICHAFPEAR TO BE \ FROM SMALL ROCKS ILIA VJNG HIGH 1 VELOCITY CONTACTWDTH7HE —SCULPTURE,PERWAPSFROMA WEED E47E.R OR SOME OTHER. LANDSCAPING EQUIPMENT BEING OPERATED TOO CLOSE ADHESIVE RESIDUE FROM STICKERS WILL NEED TO BEREMOVED- SPRINNLERS WILL NEED TO BE REDIRECTED IN ORDER TO STAVE t—OFF 7HESCALEANODEPOSRS EEINE LEFTFROMTH.'EHARD WATER GEI.ERAL CLEANING WILL BE ACCOAG-LISHED BAA10%VALLYAND WILL CONSIST OF RINSING DWTH DISTILLED WATER ANDA SOFT CLOTH. Page 22 of 63 Revised:1/31/18 720599.1 COPS PUBUCARTPROPOSAL WORKPLANG94 MONSIEUR POMPADOUR O ` THEARTIVORK IS IN EXCEL LENT SHAPE AND ONLY REQUIRES ROUTINE MA➢A1TE- NANCETO ENSURE MS PERFECT COWAM { 770M AH➢MWAL CLEANING VATH DIS77LLED LIATERANDA SOFT CLOTH / WILL SUFP➢CE COPS PJSLICARTPROPOS7L WORK FUN GSB MADEMOISELLE COCO THEARTWORKIS➢N EXCELLENT SHAPE AILD ONLYREQUIRES ROUTINEMAINT-1- NANCE TO ENSURE ITS PERFECT CONDJ- 7➢ON.A81-ANNUAL CLEA WNG WITH D➢S77LLED WATER AND SOFT CLOTH WILL SUFFICE Page 23 of 63 Revised:1/31/18 720599.1 COPS FLW(;ART FRCFO SAL WORK PLAN 10 JUNGLERED T ERE ARE SOME SMALL FLAKES OF P.+AINTNEAR OVERALLTHEARTI"VOW IS IN GOOD 7ME BASE 7FAT COULD BE TOUCHED UP CONDMOMM MONLYMMUMDUTY REQUIREUNTWS FOR ILOJEDL47E CLEAN- GENERAL CLEANING WANWALLYWILL MAUNTAIN ING_SPILLSAW STAINS 7MATSHOULD TMISIVOtRKSUFFI•CIEAMY COME OFF M M OUR 06 SOLU71ONS OF ORVUSAJ0 DIS17LLED WATER. COPS PUBLIGARTPROPOSAL INTERSECUNG CUBES r � 774E Wt7RK IS IN EXCELLENT CON'DITIONAND WILL TAKE ONLYA SCHEDULE OF REGULAR LIAINTENANCETO ENSURE ITS PERFECT CO1f.4 MOIV ABFANNUALUTASHING WITH DISMLED WATER WILL BE SA77SFAGTCPX REMOVINGTHEBRANCHESOFTHENEARBY TREE WILL hELF TO ENSUREABRASIONSAND ` SAPS DO NOT OCCUR MARK THE SURFACE. f , 77iEBRO,VZE PLAQUEFOR THE=MC LWLL 8E CLEAhtDAND WAXEDEAAMNUALLY Page 24 of 63 Revised:1/31/18 720599.1 COPS PUBLICART PROPDSAL MRKPLAN 42 LUCILLEBALL SOMLESEEIALLAMOMNTS OF GRAF- FITI EMLL NEED TO BE CLEANED OFF,THE MAX LAYER IS MINIMAL RESENT.ME WORK WILL BE OLEAISAND°1TH &LEDL SOLUTION OF ORVUSAM7 DiSTTLL®ENATERAND THEN WAXED 317HRENAISSANCE MVCROGRYSTALLINE WAX DUE TO THE HIGHTPAFFIC OF THIS AREA SOMEEPOR77ONS OF 7HEBRONZE \ HAVE BEEN POLISHED THROUGH CONTACT-REGULAR WAXING WILL —� NOT HME MESEAREAS BUT ME J BRONZE UNDERNEATH WLL BE +(/ •\` PROTECTED-COLORED WAXES COULD BE INTRODUCED,TO Mw J MLIZETHESEFOUSHEDAREASBUT MW NOTBEABLE TO CONCEAL THEM COMPLETELY TRIMMING THE PLANTS BACK MLL HELP DEMNISH BIRD DROPPINGS AND ORGANIC MATERIAL FROM AFFECTING 7HEBRRONZE. AREGULAR SAANNUAL CLEANING AND 115WNG WILL MALNTAINTHE SAFE7YOFTHE:BRONZE CCPSFUBUCARTPROPOSAL WORK PLAN 13 CHAIRMAN OFTF1SL M{S THE PATMA OF THE BRONZE iS IN DECENT CONDI- 710NMMA REGULAR C41WIT/OMf1G OF WAX LAYERS WILL ENSURE THAT THE GOND,T,ON IS AWNTA➢NED 7HE MRK EMLL BE CLEANED MTHA 24e SOLUTION OFORVUSAND DIS71LLED WATER AND TFIEN WAXED IV17H A LAYER OF RENAISSANCE MIGROCRYSTALUNEWA,LABAANNUAL CLEANING AND WAXING MILLENSUP.E THEMAINTEQANGE OF THE WORK. , O Page 25 of 63 Revised:1/31/18 720599.1 COPS PUSLICARTPROPOSAL WORKFEAN 14 LAWNCHAIR 1 SOl!ELIGHTFIXTURES THELAW3VOF THE CHAIR THESTEELAM14TURE THEERONZE AREIN&SEDOFREPAIR. MLLEE41ACULUAEDFOR SHOWSSOMERUST PL9CSUE1WLL MAINTENANCEE!-ANNUALY A.`i0A}.RF14CTnW CLEAR MALUTAINED COATCOULDBEAPPLIED WITHBI-ANNUAL AFTERA CLEANING 710 CLE•MAIGAND ENSURE 73LIEDISCONTINU4170111 WAMNG OFTMS PROCESS COF-S PUBLICAR iT F'RO+POSAL LTORKPLAN 9S STANDING MOMAN THEPATINA]SIX DECENTCONDITION,A REGLLAR SCHEDULE OFCLEANINGAND 3AX/NG WSRLL ENSURETHAT THE QUALITYDOES NOT DIA17NISH. COATED VWHA AYECLEANEOANDTHEN CCWTED W?TRIA LAYER OFRENA/SSANCE MICRO- CRYSTALLINE WAX BFANNUAL CLEANING AND AAXING WILL BE SUFFICIENT FOR UPKEEP THERE 15A BUILD UP OF OLD WAX LOLYER ON THE BODY WS 41CH MAY BEABLE TO BE REMOVED MTH A 29%SOLUTIOX OF ORVUSAND DISTILLED SKATER IN COWUNCTION WITH SOFT BRISTLE BRUSHES AND TEFLON TOOLS THEREARESOME SPOTS ON THE LOWER POR- TION OFTHEBASETHATAPPEAR TO BE RUSTING, THIS WOULD INDICATE THATSOI.6E FOREIGN CONTAMINANT HAS AMDE ITS WAY TO THE BRONZEAND IS REACTING WITH IT THESES7ERRY OFTMS 147LL NEED TOBEASSESSED BYACON- i SERYATOR A REUEDYFOR THIS PROBLEM WILL FOLLOW THE CONSERVATORSASSE.SA4ElVT. THE GONCRETE.6ASENEEDS REFiR4liSH1NG. Page 26 of 63 Revised:1/31/18 720599.1 COPS PUBUCARTFROPOSAL WORK FLAN 7E a'Y}9JPL ARND IL7 774E FIECEIS INNEED OFA THOROUGH CLEANING THEREISSLIBSTAUTIAL SCALE BUILD UPFROMNEARSYSPRINKLERS ONCE CLEANEDABI-ANNUAL RINSING 14TTH DISTILLED WATER WILL KEEP 774E WORK IN MOOD CONDITION. THERE IS WHATAPFEARS TO BEA SUBSTAA.L 71AL SCALE BUILD UP11VEARWHEP.ETHE 1 STAINLESS STEEL MEETS THEPEDESTAL ! BUILD UPTO 77EPOINT OFFLAKING.A CON- SERVEP.ATOR WILL BE CONSULTED BEFORE J, REMOVAL TOASSURE PROPER PROCEDURES THE SPRINKLERS WILL NEED TO BEREDI- .ECTED SOASTONOTFURTHER DAMAGE THE PIECE I 1 7RPEP.EIS 1474ATAPPEARS TO BE DOh9IN0 IPS THATHAVEBEEN GLUED TO THE CON- CRETE BASEASSUMED TO BEAFORMOF VANDALISM THESE WILL BE REMOVED UPON CONFIRMATION. CIaPs PLrBracARTPRDPosAL WORKFLAN 17 NIAESANDELEIIENS •o - THERE IS SUBS7AN77AL SUN 7NEREIS GRAFFM WHICH THEARTWORK V,® BE AND71MEDETERIORATIONTO WILLNEEDTOBEREMOVED. SLOSTAA77ZALLYBWROVE DIF THEPAIIYTED S7EE TH.- CWGEPM' OVEDAND THE LIGHTING SYSTEM WERE WORKSAREI.NNEEDOFA REPAINTED THE WORKS 4MLL UPGRADED NE%VCOATOFPAlNT.THE BEAWNTAINED WITH ARTISTS STUDIO WILL BE BI-AWMAL WASHING VVR% CONTACTED FIRSTAN D THEN DISIMLED WATER /F 7HEYARIE UNABLE OR UNWILLING,A CONSERVATOR WILL BE CONSULTED TO DE7ERUI,%''E 7HEBESTPAINT AND TERMS CFAPFLICATION. Page 27 of 63 Revised:1131/18 720599.1 COPS PUBLIGART PROPOSAL WOW FLAW M BUTCM �^ 7HEStIR94GECOATING OFPAINT➢SIN DECENTCO/ MONWITHONLVA MOR FADINGAAD IMFERFEG710N5 IF KEPRO- DETOPAINTTHE07HER 1170JOHN CLEII ANT PIECES IT WOULD BE REC01% AMMED TOPAWT IBUTCWAT THESAME 71MEFOR COHESIOAL ABJ-ANNUAL CLEANING MW DISMIM &VATERAAHI SOFTRAGS WILL SUFFICE TO AMMAIN7HISAMWORIC 7HEARTWORK COULD USER FLAQU.E 7HE CONCRE7E PEDESTAL COULD USER COATOFPA/IUT COPS PUBLIC ART PROPOSAL WORK PLAN 188 SQUEEZE THE PAINT ON THIS WORK WAS FADED SUBSTAI"LLY IN AREA S OF GREATEST EXPOSURE RE-AUPM14G IS EC01A- 11EI1DED FOR THE IIEAR FUTURE TO RESTORE THE WORK TO ITS NF11R ORIGINAL CONDITION. ART WORK!MAYBE CLEARED WITHA A 2%SOLUTION OFORYUS AIID DISTILLED WATER A BIANNUAL RINSING VATH DISTILLED WATER LIML EE S UFFI- CIEUTFOR UPKEEP. AT THE PO1=K'HERE THE SCULFTURTE DIPS Ul.'DERGROUI9 ITAPPEARS THAT RUST15 BEGUIIllldG TO FORAK.THIS IS AN AREA OFECTRE.IIE CO1dCERNAS 7HE WORK COULD UNKNOWINGLYBE RUST- DIG THROUGH THE STEEL CAUSL`IG A CRIRCAL FAILURE IT WOULD BERECOId- 460MED TO CLEAR THE GROUND AROUND THE SCULPTUREAND PLACE THE SCULPTURE.AFRESH ON ROCK ONA CONCRETE PAD.THE SPRIM ERS ZHOULDALSO BE REWRECTED TO L1.NdT SCALE BUILD UP. ADDITION OFA PLAQUE MOULD BE BENEFICIAL FOR ENJOYWG THE.PORK Page 28 of 63 Revised:1/31/18 720599.1 COPS PUBUCARTPROPOSAL AVRKPLANIGO I7HIEL 7HEPA/NT HAS SUBSTANTIALLYFADED CM THIS WORN TO THE POINT WHERE ! \ RE-PRARMIG IS fA=J%FNL 714E WORKCOLLD ` BECLEANED IT77HA 2?6 SOLUTION OFORVUS \ AND DISTRLED SLATER-ABI-AUNVAL CLEAN- ING L,LL BE SUFFICIENT UPKEEP.FOR REPAINTING,THEART/STSSTIADSO WL L BE CONTACTED HRSTAND IF 714EYARE UNAEL.E OR UMMLLING TO RE-PAINTA CONSEFFVATOR LNLL BECONSULTED_714E WORK SHOULD BE ABLE TO P.0WWJ ON-SITE FOR RAIM A'S APFUCATIOAL THE CONCRETEPAD IS OVERGROKN SVITH GRASSA&V DIRE 774E PAD SHOULD BE CLEARED BACK.IT IMULDALSO BERECOMU MENDED TO CLEAR BACK THE LASLNAROUND \ THE CONCJ%=FEDES7AL 2 TO FEET-AND ` \ FILL INMTH GRAVEL TO REMEDY 774EOVER- ( GROMYTH COMPLETELYAND TO GETTHE ! ORGANIC WTERIAL.SASSAYFROM THE SCULPTURE Mu LIGATION SPRMNLERS VWTLL ALSO NEED TOBEADJUSTED. ANAMMONAL BRONZE FLAQUE WCX&D GREATLYENMICE THE 0UALTTYOF THE VIEIMNG OFTNEARTMRK COPS PUSUCARTPROPOSAL. LYORKF%M 19A A PERSONAL RASTORYOFPALMSPRINGS 774E V A?RKIS IN EXCELL ENT SHAPE AND REQUIRES NO IMMEDIATE: CARE OR RESTORATION.AN ANNUAL DUSUNG WALL SUFFICE TO KEEPTNIS MRKINP87FECT CONDMOIL Page 29 of 63 Revised:1/31/18 720599.1 CL6PS PUBLICART PROPOSAL 14VRKPLAN19B THE EMERTAINER 771EPA77N4 IS 1! OCCELLENTS14APEAND G NEEDS ONLYAN OCCASIONAL CLEANING TD M41PMINITS QUALITY ANANNUAL ' CLEANING WRHASOFTCLOTHOR UACUUMA&V BRUSHES WILLBESUFFI- \ CIENT FOR THE UPIEEP OF THE OBJECT. 1 THE CONCRETE PEDESTAL SHMVS SIGNS L �F ttE7RANDAG.4;RF FINISHING LVDULD GREATLYd]YHANCE THEARTWORK COPS PUBL1CART FROPOSAL VA3RK PLAN ISC SVWA17GO J THEFA77NA IS IN EXCELLENrSHAPE ALL j THAT IS REQUIRED ISASCHEDlILE of RDU- TINEMAINTFNANCE T141S LMLL CONSISTOFA J EJ ANNUAL CLEANINGAND WAXING. Page 30 of 63 Revised:1/31/18 720599.1 COPS PLIMCARTPROPOSAL WORKPLANISD CROUCHING LION T EPATINA1SINEXCELLENTSHAPE THE WAX LAVER IS NON-E)OSTANT ON THE PYES7ERN SIDE OFT14E SCULPTURE.MEVJOW MLLBE CLFANM YVIMA2S6 SOLLMON OF ORVUSANDDISTUEDLVATERAND THEN WAXED WITH RENNAISANCE MICROCRYSTA AIEWAXALL7MT IS REQUIRED ISA SCHEDULE OF ROUTINE MAINTENANCE 7HISWILL CONSIST OFABI-ANNLLAL CLEANING AND WAXING. COPS PUELICART PRCPOSAL MRKPL AN20A-D CHIHULY i 6 THE WCRKIS SAFELY UNDER GLASSAND MERFLYAREQUIRESANANNUAL VACUUMING OF THE=RKAND VITRINE TO MAINTAIN ITS QUALITYAND VISUAL CLARITY Page 31 of 63 Revised:1/31/18 720599.1 COPS PLIBLICARTPROPOSAL VMJ:ZK PLAN 20E SONNYBONO THE MUM OF 7HEBROW-EIS W DECENTCONDI— TIONANDAREGULAR CONDITIONING OF WAX C LAYERS WILL ENSURE THAT TYE CON,DMON IS 1 MAJAMAIAED.THE WORK MLL BECLEANED MTHA 2%SOLU77ON OF ORVUSAND DIS7ILLED WATER AND THEN WAXED WITHALAYER OF RENAISSANCE ,AND EWAXA 74EJIINUAL CLEANING Ah'D WAXING 3A/!LL ENSURE THE MAINTENANCE OF THE VMRK. COPS PUBUCARTPROPOSAL WRKPLAN2aF JOhW F_KENNEDY THE PATINA 1S/NEXCELLENT SHAPE ALL THAT IS REQUIRED ISA SCHEDULE OFROUTINE AMINTENANCE THE ZURKWILLBEYACii- UMEDANNUALLYAND WAXED EVERY OCHER YEAR 1 Page 32 of 63 Revised:1/31/18 720599.1 COPS PUBLICART FROPOSAL n'CRx PLAN 20G THEREIS SOtbIE SCALE BUILD UP ON THE BASE OF THE / SCULFTURE THAT WILL NEED TO BE REMOVED BEFORE PROPER MAJUTENANCE CAN COMWENCE AN INITIAL / CLEANING OWMA 2%SOLUTION OF ORVI/SAND DISTILLED f/ WATER 4MLL BE LMLIZED./F THAT DOES NOT REMOVE THE SCALE BUILD UPA CONSERVATOR IVILL BE CONSULTED. 1 / THE SPRINIQ ERS IN THE SURROUNDING GARDEN BEDS 1 AILL HAVE TO BE REDIRECTED IN ORDER TO MMI MEE CONTACT IVHH'i74E SCULPTURE A BOURNE WASHING t MJMH DISTILLED WATER MLL ENSURE THESCULPTURE I(( REMAINS IN GOOD CON017701V_ l � r Page 33 of 63 Revised:1/31/18 720599.1 .THE ART COLLECTIVE FINE ART SERVICES 34-330 Gateway Drive Unit 110 Palm Desert CA 92211 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs CA 92262 Attn:Leigh Gileno,Office of Procurement and Contracting Department Subject:RFP#07-19 Cleaning and Restoration of Palm Springs Public Artwork Section A:Contractor,staff,team,references,qualifications,and experience. The Art Collective,LLC is a newly formed Fine Art Services and Fine Art Storage entity.Our organization's team members have offered fine art expertise in the Coachella Valley for the past fifteen years. Though a new company,each team member offers considerable experience and meets the requested RFP qualifications. - Arlene Amick, Owner of The Art Collective and Project Manager for RFP#07-19. - Kyle Elder,Owner of Elder Art Services, Partner of The Art Collective and Contract Manager for RFP#07-19 - Matthew Roberts,Senior Art Technician of The Art Collective and Senior Art Technician for RFP #07-19. - Andrew Elder,Fine Art Technician of The Art Collective and Fine Art Technician for RFP#07-19. - Travis Crittenden, Fine Art Technician of The Art Collective and Fine Art Technician for RFP #07-19. REFERENCES: 1. The Palm Springs Art Museum 101 Museum Drive Palm Desert CA 92263 T.760.322.4800 Contact:Alicia Thomas,Director of Exhibitions and Collection Management athomasQpsmuseum.org 760.322.4800 Contact:Debra Preston,Acting Vice President of Operations dpreston(a)psmuseum.org 760.322A819 2. Austin Art Projects PO Box 1916 Palm Desert CA 92260 Contact:David Austin,President david(a)a ustinartprolects.com 760.636.2834 3. Phillip K.Smith, PKS3 Studio 34-330 Gateway Drive,Unit 100 Palm Desert CA 92211 Contact: Phillip K.Smith,Artist Pks3(&Pks3.com 760.668.0000 Page 34 of 63 Revised:1/31/18 720599.1 ARLENE AMICK The Art Collective Owner,Project Manager Arlene has an established presence in the Coachella Valley art community due to her previous positions and community efforts.Arlene was hired by the Palm Springs Art Museum to open their Palm Desert facility in 2012;her initial objectives were to open the Faye Sarkowsky Sculpture Garden and establish a relationship with the City of Palm Desert. The Faye Sarkowsky Sculpture Garden opened with ten sculptures and expanded to fifteen.Arlene also worked closely with the City of Palm Desert to create the First Weekend initiative and the museum's participation event:Galen First Fridays. Arlene partnered with Elder Art Services to establish The Art Collective and expanded fine art services to include collection management and art storage.Arlene brings experience in project management,public art direction,and, city policy understanding.Her experience,,vith public art and community initiatives is essential to the City of Palm Springs Public Art RFP. PROFESSIONAL EXPERIENCE 2019—Present The Art Collective,Palm Desert,CA Owner&Project Manager 2018—Present Phillip K.Smith Studio,Palm Desert,CA Studio Coordinator 2018-2019 Austin Art Projects, Indian Wells,CA Exhibition Coordinator 2017-2018 Palm Springs Art Museum,Palm Springs,CA Director of Audience Engagement and Communications 2012-2016 Palm Springs Art Museum in Palm Desert,Palm Desert,CA Managing Director 2004-2012 Imago Galleries,Palm Desert,CA Assistant Gallery Director,Event Coordinator EDUCATION Louisiana College,Pineville,LA 71360 COMMUNITY City of Palm Desert Marketing Committee 2012-2018 Women's Leadership Forum Board Member 2013—2015 Washington Charter School Governing Board 2014—2015 Leadership Coachella Valley Graduate 2014 Pathfinders,2013-2014 Nominee, Top Women in Business,2013 Palm Springs Life, Top 40 Under 40,2010 Page 35 of 63 Revised:1131/19 720599.1 KYLE ELDER The Art Collective Partner,Contract Manager Kyle has offered art installation,art transportation,and fine art services in the Coachella Valley since 2012. He established Elder Art Services in 2015 and has maintained a considerable institution,gallery and private clientele list in the Coachella Valley,Southern California and Santa Fe.The Palm Springs Art Museum frequently requests Kyle and his team for large scale installations and exhibition assistance.He established The Art Collective with Arlene Amick in 2019 to expand his Fine Art Services business into Collection Management,Art Storage and Exhibition Coordination.Kyle offers project management,fine art services expertise,and substantial sculpture experience to the City of Palm Springs Public Art maintenance and cleaning RFP. PROFESSIONAL EXPERIENCE 2019—Present The Art Collective,Palm Desert,CA Partner&Project Manager 2015-Present Elder Art Services,Coachella Valley,CA Owner&Art Preparator 2013—2016 Austin Art Projects, Indian Wells,CA Lead Preparator 2012-2013 Imago Galleries,Palm Desert,CA Gallery Preparator 2009—2012 Vector Marketing,Rapides Parish District Manager EDUCATION Louisiana Tech Page 36 of 63 Revised:1/31/18 720599.1 MATTHEW ROBERTS The Art Collective Senior Art Technician Matt has over ten years of fine art and sculpture experience. During his time at Palm Springs Art Museum,Matt was responsible for conservation grade care at the forefront of collection maintenance. Matt is the senior art technician accountable for all requested restoration,maintenance,and sculpture cleaning.His knowledge of sculpture offers considerable expertise to the City of Palm Springs Public Art. PROFESSIONAL EXPERIENCE 2019-Present The Art Collective,Palm Desert,CA Senior Art Technician 2017-2019 Palm Springs Art Museum,Palm Springs,CA Lead Art Preparator 2016-2017 Art Installer Network,Metro Detroit,MI Art Handler/Installer Freelance 2015-2017 Cranbrook Academy of Art,Bloomfield Hills, MI Woodshop Technician Department Assistant/Metal Shop Tech 2014 JumpstArt,Oregon State University,Corvallis,OR Frame Making Workshop 2013 ArtWorks Fine Art Services,Portland,OR Art Handler Precision CastParts Aerospace,Milwaukee,OR Titanium/Steel Welder 2009-2012 Oregon State University,Corvallis,OR 2009-12 Art 100 Freshman Sculpture Seminar Advanced Sculpture Teaching Assistant EDUCATION 2017 MFA Sculpture Cranbrook Academy of Art 2008 BFA Applied Visual Arts Cum Laude Oregon State University RESIDENCIES 2016 Signal Fire-Unwalking Lewis and Clark,Oregon—Montana 2013 The Chinati Foundation,Marfa,TX 2012 Salem Art Works,Salem, NY AWARDS 2017 William and Dorothy Yeck Purchase Prize,Miami University 2012 Oregon Opportunity Grant,Oregon Arts Commission Graduate with Distinction,Oregon State University Art Department 2011 Plinkiewisch Scholarship 2010 Wayne Takami Memorial Scholarship Page 37 of 63 Revised:1/31/18 720599.1 ANDREW ELDER The Art Collective Fine Art Technician,Warehouse Manager Andrew has fine art services,large-scale sculpture,and art storage experience.He handles all warehouse needs and is the art technician delegated for transportation and installation. PROFESSIONAL EXPERIENCE 2019-Present The Art Collective,Palm Desert,CA Fine Art Technician,Warehouse Manager 2017-2019 Elder Art Services,Coachella Valley,CA Art Handler 2013-2015 Timmons Truck Center,Alexandria,LA Shipping and Receiving Attendant EDUCATION 2015 Associate of Arts Upper Iowa University, LA 2017 Associate of Science University of Monroe,LA CERTIFICATIONS Certified Fork Lift License TRAVIS CRITTENDEN The Art Collective Fine Art Technician Travis managed fine art exhibitions and pop-up exhibition installations in Chicago and Seattle for Austin Art Projects.He has experience with public art and maintaining large exterior sculpture. PROFFESSIONAL EXPERIENCE 2019-Present The Art Collective,Palm Desert,CA Fine Art Handler 2018—Present Hideaway Country Club Personal Trainer 2017-2019 Elder Art Services,Coachella Valley,CA Fine Art Handler 2017—2014 Austin Art Projects, Indian Wells,CA Art Handler,Warehouse Manager 720599.1 ATTACHMENT"B" OM FORM MUST BE COMPLETED AND SUBMPI'PED WITH YOURTBCHNICAL/WORK PROPOSAL (Ravelope#1)0 NON-COLLUSIONAPmAVITTO BB EaEurED BYBIDDERAND NOTARIED AND SUBMfrM WITH BID STATE OF CALIFORNIA)ss COUNTY OF RIVERSIDE) The undersigned,being first duly sworn,deposes and says that he or she is OW N-� of Z4V Nem, r n E-r_-t tYE.the party making the foregoing Proposal. That the Proposal is not made In the interests of,or on the behalf of,any undisclosed person, partnership,company,association, organization,or corporation;that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired,- connived,or agreed with any Proposer or anyone else to put In a sham Proposal,or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement,communication,or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit,or cost element of the Proposal price,or of that of any other Proposer,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the Proposal are true;and,further, that the Proposer has not,directly or indirectly,submitted his or her Proposal price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereof,or paid,and will not pay,any fee to any corporation,partnership,company,association,organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal. 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Commission a 221E3260 My Comm.Expires Noy 11,2021 Ptrbdc limaNalwyNe)AboYO piP7K711(At Thmo f b swffa+b apbwmt compb&v thb ktlbmntbn am dWW Nbratbn of are ducumwd or Awc6 brrt nzffpp*rprt of Wa tonn to sn unfttrtdtd daawmit D"o46on d Attaclrsd Doam+trd Title or Type of Domwnwit] >: ('•f c Z' ✓77^ Doax^�D.s,�ts Nutdrar d Papoi_I S4w(u)C)Uwr That Fivrmd Abo.w CWpacRyood aahned by> y 3lprdo NN".- S�atkurw: O Capagit Otsr w—TB@(k ❑Corpords Otr——Tmlq* ❑ft brtr O Lkrded ❑Gwm ❑Pmbw— O Cur A ©t3.4 ❑buRvida ❑Attarwy it Fact 13, ❑Attwray it Fad O Trualos ❑aLmtksn or Cormanrrdar ❑Tnubpe O OLwdwr or Carte q Ottw... ❑cww. W9 abRaprK-fdra aq—b &M4 N25onf NaWy Avaocdicn•wwwhx bon ryoap••t-txts NOTARY(14EDZ7aaezn 1lfn taoor Page 40 of 63 Revised:1/31118 720599.1 ATTACHMENT"A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK PROPOSAL(Envelope#1)* REQUESTS FOR PROPOSALS (RFP)#07-19 CLEANING AND RESTORATION OF PALM SPRINGS PUBLIC ARTWORK SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): The Art Collective BUSINESS ADDRESS: 34-330 Gateway Drive, Unit 110 Palm Desert CA 92211 TELEPHONE:760.262.7741 CELL PHONE 760.580.5934 FAX CONTACTPERSON Arlene Amick EMAIL ADDRESS Arlene@t eartco ective.com A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. Arlene Amick Owner&Proiect Manager P DNA DTI SIGNATLJRE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful,the contract language should refer to me/my company as: An individual; A partnership, Partners'names: X A company; A corporation If a corporation,organized in the state of: 2. My tax identification number is: 83-3564970 Please check below IF your contractor qualifies as a Local Business as defined in the RFP: X A Local Business(licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below,please acknowledge receipt of each Addenda: Addendum(s)# 1 is/are hereby acknowledged. Page 41 of 63 Revised:1/31/18 720599.1 r pA1p,S COY 1 RFP#07-19 11 �s.1 CLEANING &RESTORATION OF ° f PALM SPRINGS PUBLIC ART ro� '`' ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: The Cost Proposal form, Attachment C, states: "Please provide a detailed methodology, approach and cost that will be used to clean and/or restore each art work listed below." The form provides space only for the cost to clean each piece. Also, the methodology and approach are to be described in Section C (Cl) of the Technical Proposal. Do you want a repeat of the methodology and approach included with the Cost Proposal? If so, is that information meant to fit on the form provided as Attachment C or can that be attached in a separate document? A 1: We are requesting that you provide your specific methodology and approach for how you would clean or restore each piece. If there is not enough space on the Cost Proposal page,you may simply fill in the Cost line and then attach a separate document that describes your methodology and approach for each. Sorry for any confusion caused. Q 2: The cost proposal asks for a lump sum for each art piece, but the written RFP asks the Proposer to account for the cost of materials, supplies and supervision. Do you want these 'overhead" costs allocated across the pieces, to create a lump sum for each piece, or should I provide a separate document explaining the cost of overhead, materials and supplies, and then list the labor cost for each piece on the form. The totals of these items would make up the lump sum contract amount. A 2. On the Cost Proposal page simply enter the full cost, inclusive of materials, supplies,supervision and labor to clean or restore EACH piece. At the end of the Cost Proposal enter the grand Total of ALL of the Costs to arrive at the "Lump Sum"for all of them. You do not need to provide costing information anywhere else except on the Cost Proposal page. Page 42 of 63 Revised:1/31/18 720599.1 BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA _Ue' . giteme Procurement Specialist Il DATE:July 8,2019 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Th rt Collectiv Authorized Signature: ��A Date: July 12,2019 Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your RFP being deemed non-responsive. Page 43 of 63 Revised:1/31118 720599.1 ATTACHMENT "C" *THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED ENVELOPE#2 "Cost Proposal',NOT with Envelope#1,Technical/Work Proposal*) REQUEST FOR PROPOSAL (RFP#07-19) CLEANING AND RESTORATION OF PALM SPRINGS PUBLIC ARTWORK COST PROPOSAL Responding to Request for Proposal No. 07-19 for Public Art Cleaning & Restoration, IIWE will accept as payment for providing all labor, supervision, services, materials equipment, and supplies to complete the Cleaning &Restoration of the Palm Springs Public Art Collection. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver cleaning and restoration services as defined in the Scope of Work herein. Please provide a detailed methodology, approach and cost that will be used to clean and/or restore each art work listed below. 1. "Agua Caliente Woman",Intersection of Tahquitz Canyon Way and Indian Canyon Way. $ 5675 The patina of the bronze is in good condition.The wax layer has severly eroded in high exposure areas.The work is in need of dust and bird dropping removal.Work will be thoroughly cleaned with a 2%orvus solution mixed in distilled water. See next page for additional details. 2. "Young Basketmaker",Intersection of Tahquitz Canyon Way and Sunrise: $ 3575 The patina on the bronze is in good condition.The wax layer has eroded heavily in areas of greatest exposure.Some graffiti marks are visable on the back side of the sculpture.See next page for additional details. 3. "Charlie Farrell',Palm Springs Airport entrance at El Cielo and Tahquitz Canyon Way, north side. $ 800 The bronze is being negatively affected by the consistant soaking from adjecent sprinklers.The hardness in the irrigation water has left a thick scale on the work.See next page for more details. 4. "Help Is on The Way",200 S.Civic Drive,in front of Palm Springs Police Station: $ 575 The patina is in excellent shape.All that is required is a schedule of routine maintenance.This will consist of bi-annual cleaning and waxing. 5. "Machine Age,Forget me Not,and Le Campas de Vulcan",along Kirk Douglas Way, between Ramon Road and Airport: $1880 The rusted steel surface is in good condition and appears to have reached stable condition for this kind of metal, meaning that the rust has formed a seal against further weathering and negative rusting.See next page for more details. 6. "The Batter",Sunrise Park: $ 555 A regular cleaning would consisit of washing with a 2%solution of orvus and distilled water with soft cloths and brushes.See next page for detailed information. 7. "Wave Rhythms",Sunrise Park. $ 625 There are significant issues with this piece that include damage,paint loss and graffiti.See next page for mor details. Pase 14 of 43 Page 44 of 63 Revised:1/31/18 720599.1 ATTACHMENT"C"(continued) 8. "R.Hero",300 Sunrise Way.- $ 575 There are numerous points of interest for restoration on this sculpture.There is significant fading of the color on areas of high exposure to sunlight.See next page for more details. 9. "Monsieur Pompadour and Mademoiselle Coco"4575 E. Mesquite Ave., Palm Springs Animal Shelter., $ 550 9A.This artwork is in excellent shape and only requires routine maintenance to ensure its perfect condition. See next page for additional details and for information on 96. 10. "Jungle Red", Intersection of Warm Sands and Ramon Road:$ 1025 This work is in a condition that requires medium duty cleaning. Spills and stains will be treated with our 2%solution of orvus and distilled water.See next page for additional details. 11. "Intersecting Cubes",803 N. Palm Canyon Drive: $ 615 This work will require a schedule of regular maintenance to ensure its perfect condition.A bi-annual washing with distilled water will be satisfactory. See next page for additional details. 12. "Lucille Ball", 100 N. Palm Canyon Drive: $ 1005 Some small amounts of graffiti will need to be cleaned off.See next page for additional details. 13. "Chairman of the Links", 124 S. Palm Canyon Drive: $ 775 A regular conditioning of wax layers will ensure that the condition is maintained.See next page for additional details. 14. "Lawn Chair", 1466 N. Palm Canyon Drive: $ 365 The lawn chair will be vacuumed for maintenance bi-annually. See next page for additional details. 15. "Standing Woman", 221 S. Palm Canyon Drive: $ 1025 The patina is in decent condition,a regular schedule of cleaning and waxing will ensure that the quality does not diminish.See next page for additional details. 16. "Whirlwind VI", Ruth Hardy Park: $ 1915 The piece is in need of thorough cleaning,there is substantial scale build up from nearby sprinklers. See additional details on next page. 17. "Nines and Elevens", Demuth Park $ 1915 There is substantial sun and time deterioration on the painted steel.The works are in need of a new coat of paint.See next page for additional details. 18. John Clement Pieces: See next page for details on John Clement work o Red: "Butch", 370 San Rafael Drive$ 570 ,j Yellow: "Squeeze", 538 N. Palm Canyon Drive$ 1025 o Orange: "Ithiel", 777 E. Tahquitz Canyon Way$ 1025 Doan 14 nf1Q Page 45 of 63 Revised:1/31/18 720599.1 19. Palm Springs Convention Center Pieces(277 North Avenida Caballeros): o "A Personal History of Palm Springs" $ 325 This work is in excellent shape and requires no immediate care or restoration. An annual dusting will suffice to keep this work in perfect condition. o d`The Entertainer"$ 325 The patina is in excellent shape and needs only an occasional cleaning to maintain its quality. See next page for additional details. o "Sympatico" $ 775 The patina is in excellent shape. Regular maintenance is required. See next page for additional details. o "Crouching Tiger" $ 775 The patina is in excellent shape. The wax layer is non-existant on the western side of the sculpture. See next page for additional details. 20. Pieces at the Palm Springs International Airport(3400 Tahguitz Canyon Way): See next page for detlo Four Chihuly glass pieces $ 575 work. on PSP o Sonny Bono bust $ 575 o John F. Kennedy bust $ 375 AD "Balzac" by Christopher Georgesco $ 375 Page 46 of 63 Revised:1/31/18 720599.1 ATTACHMENT"C"SIGNATURE PAGE NAME OF CONTRACTOR SUBMITTING THIS COST PROPOSAL: Arlene Amick,The Art Collective TOTAL FOR CLEANING AND/OR RESTORING OF 31 PIECES OF ART WORK: $ 30,170 (PRICE IN FIGURES) Thirty thousand,one hundred seventy dollars and zero cents. (PRICE IN WORDS) NOTE: This page MUST be manually signed. Certified b i„ ; Signature of Authorized Person Arlene Amick,The Art Collective Printed Name Owner&Project Manager Title July 12,2019 Date Page 47 of 63 Revised:1/31/18 720599.1 Attachment"C" Continued: 1. Aqua Caliente Woman THE PATINA OF THE BRONZE IS IN GOOD CONDITION THE WAX LAYER HAS SEVERELY ERODED IN HIGH EXPOSURE AREAS. THE WORK IS IN NEED OF DUST AND BIRD DROPPING REMOVAL. WORK WILL BE THOROUGHLY CLEANED WITHA 2% ORVUS SOLUTION MIXED IN DISTILLED WATER. THE BRONZE WILL THEN RECEIVE AN INITIAL COATING OF RENNAISANCE MICROCRYSTALLINE WAX WHICH WILL SEAL IN THE PATINA, THUS PROTECTING THE ACTUAL BRONZE FROM DAMAGE. REPEATED MAINTENANCE WILL BE A BIANNUAL CLEANING AND WAXING. 2. Young Basketmaker THE PATINA ON THE BRONZE ISIN GOOD CONDITION. THE WAXLAYER HAS ERODED HEAVILY IN AREAS OF GREATEST EXPOSURE. SOME GRAFFITI MARKS ARE VISIBLE ON THE BACK SIDE OF THE SCULPTURE.BRONZE WILL BE THOROUGHLY CLEANED WITH A 2% SOLUTION OF ORVUS AND DISTILLED WATER. IF THIS DOES NOT REMOVE THE GRAFFITI, A CONSERVATOR SHOULD BE CONSULTED AS TO THE APPROPRIATE MEASURES TO TAKE.AFTER CLEANING THE BRONZE WILL BE WAXED WITH A GOOD LAYER OF RENNAISANCE MICROCRYSTALLINE WAX. ROUTINE MAINTENANCE WILL CONSIST OF A BI-ANNUAL CLEANING AND WAXING. Note: Conservator review if graffiti is still an issue after cleaning is not included in the proposed scope of work and would be an additional cost. 3. Charlie Farrell THE BRONZE IS BEING NEGATIVELYAFFECTED BY THE CONSISTENT SOAKING FROM ADJACENT SPRINKLERS. THE HARDNESS IN THE IRRIGATION WATER HAS LEFT A THICK SCALE ON THE WORK SPRINKLERS WILL NEED TO BE REDIRECTED. THE WAX LAYER IS NON- EXISTENT. THE WORK WILL BE CLEANED WITH A 2% SOLUTION OF ORVUS AND DISTILLED WATER. IF SCALING STILL PERSISTS, A CONSERVATOR SHOULD BE CONSULTED FOR BEST APPROACH FOR SCALE REMOVAL. THE WORK WILL THEN BE WAXED WITH RENNAISANCE MICROCRYSTALLINE WAX. A ROUTINE CLEANING AND WAXING WILL OCCUR BI-ANNUALLY. THE BRONZE PLAQUE IS ALSO BEING NEGATIVELYAFFECTED BY THE SPRINKLERS. THE PLAQUE WILL BE TREATED IN THE SAME WAYAS THE MAINFIGURE. Note: Conservator review if scaling is still an issue after cleaning is not included in the proposed scope of work and would be an additional cost. 4. Help is on The Way THE PATINA IS INEXCELLENT SHAPE.ALL THAT IS REQUIRED IS A SCHED ULE OF ROUTINE MAINTENANCE. THIS WILL CONSIST OF A BIANNUAL CLEANING AND WAXING. Page 48 of 63 Revised:1/31/18 720599.1 5. Machine Age BIRD DROPPINGS WILL NEED TO BE REMOVED WITH THE GENTLE SPRAY OF DISTILLED WATER. THERE IS AN ACCRETION OF SCALE FROM THE ADJACENT SPRINKLERS WHICH WILL NEED TO BE ADDRESSED. ONCE THESE SURFACE ISSUES ARE ADDRESSED A ROUTINE MAINTENANCE OF RINSING WITH DISTILLED WATER WILL OCCUR BI-ANNUALLY. SPRINKLERS WILL NEED TO BE REDIRECTED FROM HITTING THE SCULPTURE. AN ADDITIONAL RECOMMENDATION WOULD BE TO CLEAR THE GROUND AROUND THE SCULPTURE OF GRASS COMPLETELY, 17V FILLING WITH GRAVEL OR SAND, THUS MOVING THE WORK AWAY FROM ORGANIC MATERIAL AND MOISTURE WHICH EXACERBATE THE RATE AT WHICH THE STEEL R USTS.PLACING THE WORK ONA CONCRETE PAD OR ONTO DIRT WO ULD INCREASE THE WORKS LONGEVITYIN THIS ENVIRONMENT Note:Pad, gravel and/or sand not included 5. Forget Me Not BIRD DROPPINGS WILL NEED TO BE CLEANED FROM THE SURFACE WITH GENTLE SPRAYING OF DISTILLED WATER. THE RUSTED STEEL SURFACE IS IN GOOD CONDITION AND APPEARS TO HAVE REACHED THE STABLE CONDITION FOR THIS KIND OF METAL,MEANING THAT THE R UST HAS FORMED A SEAL AGAINST FURTHER WEATHERING AND NEGATIVE R USTING.LIMITED SURFACE CONTACT IS NEEDED TO MAINTAIN THE VISUAL QUALITY OF THE WORK. A BI-AN1V UAL RINSING WITH DISTILLED WATER WILL BE SUFFICIENT. IT IS RECOMMENDED THAT WE ASSESS THE ARTWORK LIGHTING AND POTENTIALLY ADD FIXTURES TO INCREASE THE ARTWORKS VISIBILITY. Note: Cost of additional fixtures not included in the proposed scope of work 5.Ise Campas de Vulcan BIRD DROPPINGS WILL NEED TO BE CLEANED FROM THE SURFACE WITH GENTLE SPRAYING OF DISTILLED WATER. THE RUSTED STEEL SURFACE IS IN GOOD CONDITION AND APPEARS TO HAVE REACHED THE STABLE CONDITION FOR THIS KIND OF METAL, MEANING THAT THE RUST HAS FORMED A SEAL AGAINST FURTHER WEATHERING AND NEGATIVE RUSTING. LIMITED SURFACE CONTACT IS NEEDED TO MAINTAIN THE VISUAL QUALITY OF THE WORK. A BI-ANNUAL RINSING WITH DISTILLED WATER WILL BE SUFFICIENT. 6. The Satter THIS WORK SHOWS SIGNS OF NEEDING TO BE REPAINTED; THERE ARE SOME RUST SPOTS AS WELL AS MANY SCUFFS AND SCRATCHES IN THE SURFACE. THE ARTISTS STUDIO WOULD FIRST BE CONSULTED ONREPAINTING AND THEN SUBSEQUENTLYA CONSERVATOR IF THE STUDIO WAS NOT WILLING OR ABLE TO RE-SURFACE THE ARTWORK. A REGULAR CLEANING WOULD CONSIST OF WASHING WITH A 2% SOLUTION OF ORVUS AND DISTILLED WATER WITH SOFT CLOTHS AND BR USHES A BI- ANNUAL ROUTINE OF CLEANING WOULD THEN BE ESTABLISHED. THERE IS A LARGE DENT IN THE SIDE OF THE STEEL PEDESTAL. REPAIRS ON THIS WOULD BE NIGH Page 49 of 63 Revised:1/31/18 720599.1 IMPOSSIBLE WITHOUT A SIGNIFICANT INTERVENTION. THE PEDESTAL ALSO REQUIRES A REPAINTING. Note: Painting, Artist fees, and conservator review not included in the proposed scope of work. 7.Wavy Rhythms THERE ARE SIGNIFICANT ISSUES WITH THIS PIECE THAT INCL UDE DAMAGE, PAINT LOSS, AND GRAFFITI. THE PAINT LOSS IS THROUGHOUT THE WORK, WITH WIDESPREAD LOSS AND PEELING. IN ORDER TO RESTORE THIS WORK OF ART THE ARTISTS STUDIO WILL NEED TO BE CONTACTED AND IF THEY ARE UNABLE OR UNWILLING TO PROCEED WITH RESTORATION A CONSERVATOR WOULD BE EMPLOYED. REGARDLESS THE WORK WILL HAVE TO BE DISSASEMBLED AND TAKEN OFF-SITE TO ACCOMPLISH THE REFINISHING AND REPAINTING. A CRANE WOULD BE REQUIRED TO ACCOMPLISH THIS TASK. MORE DETAILS UPON REQUEST. AFTER NECESSARYRESTORATIONHAS OCCURRED AND WORKIS ONCEAGAININSTALLED ON LOCATION, SPRINKLERS WILL HAVE TO BE ADJUSTED IN ORDER TO AVOID SCALE BUILD UP. REGULAR MAINTANENCE WILL OCCUR BI-ANNUALYAND WILL CONSIST OF A WASHING AND RINSING WITH DISTILLED WATER. GRAFFITI IN LOWER PORTIONS WILL NEED TO BE REMOVED IN ORDER TO SEE HOW MUCH DAMAGE THE STEEL SUSTAINED FROM ITS CONTACT WITH UNKNOWN MATERIALS. THE BRONZE PLAQUE WILL BE CLEANED AND WAXED AND MAINTAINED ONA BI-ANNUAL ROTATION. Note: This work requires additional needs outside the scope of the proposal. It's recommended to have a further evaluation from a conservator. Conservator, conservation recommendation, disassembly, crane equipment, and painting not included in this RFP scope of work. The Art Collective will provide initial cleaning, recommended next steps, and bi-annual cleaning and wax only. 8.R. Hero THERE ARE NUMEROUS POINTS OF INTEREST FOR RESTORATION ON THIS SCULPTURE. THERE IS A SIGNIFICANT FADING OF THE COLOR ON AREAS OF HIGH EXPOSURE TO SUNLIGHT. IT IS RECOMMENDED THAT THE ARTISTS STUDIO BE CONTACTED FOR RESTORATION AND REFINISHING, THERE ARE MANY SMALL CHIPS IN THE PAINT WHICH APPEAR TO BE FROM SMALL ROCKS MAKING HIGH-VELOCITY CONTACT WITH THE SCULPTURE, PERHAPS FROM A WEED EATER OR SOME OTHER LANDSCAPING EQUIPMENT BEING OPERATED TOO CLOSE.ADHESIVE RESIDUE FROM STICKERS WILL NEED TO BE REMOVED. SPRINKLERS WILL NEED TO BE REDIRECTED IN ORDER TO STAVE OFF THE SCALE AND DEPOSITS BEING LEFT FROM THE HARD WATER. GENERAL CLEANING WILL BE ACCOMPLISHED BI-ANNUALLY AND WILL CONSIST OFRINSIIVG WITHDISTILLED WATER AND A SOFT CLOTH. Note: This work requires additional needs outside the scope of the proposal. It's recommended to have a further evaluation from the artists on recommended repairs. Artists fees, conservation recommendation, disassembly, crane equipment and painting are not included in this RFP scope of work. The Art Collective will provide initial cleaning, recommended next steps and bi-annual cleaning only. Page 50 of 63 Revised:1/31/18 720599.1 9.Monsieur Pompadour THE ARTWORKISINEXCELLENTSHAPEAND ONLYREQUIRESROUTINEMAINTENANCE TO ENSURE ITS PERFECT CONDITION. A BI-ANNUAL CLEANING WITH DISTILLED WATER AND A SOFT CLOTH WILL SUFFICE 9.Mademoiselle Coco THE ARTWORK IS IN EXCELLENT SHAPE AND ONLY REQUIRES ROUTINE MAINTA- NENCE TO ENSURE ITS PERFECT CONDITION. A BI-ANNUAL CLEANING WITH DISTILLED WATER AND A SOFT CLOTH WILL SUFFICE. 10.Jungle Red OVERALL THE ARTWORK IS IN GOOD CONDITION WITH ONLY MEDIUM DUTY REQUIREMENTS FOR IMMEDIATE CLEANING. SPILLS AND STAINS THAT SHOULD COME OFF WITH OUR 2% SOLUTIONS OF ORVUSAND DISTILLED WATER. THERE ARE SOME SMALL FLAKES OF PAINT NEAR THE BASE THAT COULD BE TOUCHED UP. GENERAL CLEANING BI- ANNUALLY WILL MAINTAIN THIS WORK SUFFICIENTLY. 11.Intersecting Cubes THE WORK IS IN EXCELLENT CONDITION AND WILL TAKE ONLY A SCHEDULE OF REGULAR MAINTENANCE TO ENSURE ITS PERFECT CONDITION. A BI-ANNUAL WASHING WITH DISTILLED WATER WILL BE SATISFACTORY. REMOVING THE BRANCHES OF THE NEARBY TREE WILL HELP TO ENSURE ABRASIONS AND SAPS DO NOT OCCUR MARR THE SURFACE. THE BRONZE PLAQUE FOR THE WORK WILL BE CLEANED AND WAXED BI-ANNUALLY 12. Lucille Ball SOME SMALL AMOUNTS OF GRAFFITI WILL NEED TO BE CLEANED OFF. THE WAX LAYER IS MINIMALLY PRESENT. THE WORK WILL BE CLEANED WITH A 2% SOL UTION OF ORVUS AND DISTILLED WATER AND THEN WAXED WITH RENAISSANCE MICROCRYSTALLINE WAX.DUE TO THE HIGH TRAFFIC OF THIS AREA SOME PORTIONS OF THE BRONZE HAVE BEENPOLISHED THROUGH CONTACT.REGULAR WAXING WILL NOT HIDE THESE AREAS, BUT THE BRONZE UNDERNEATH WILL BE PROTECTED. COLORED WAXES COULD BEINTROD UCED TO MINIMIZE THESE POLISHED AREASB UT WOULD NOT BE ABLE TO CONCEAL THEM COMPLETELY. TRIMMING THE PLANTS BACK WILL HELP DIMINISH BIRD DROPPINGS AND ORGANIC MATERIAL FROM AFFECTING THE BRONZE. A REGULAR BI-ANNUAL CLEANING AND WAXING WILL MAINTAIN THE SAFETY OF THE BRONZE. 13. Chairman of the Links THE PATINA OF THE BRONZE IS 11V DECENT CONDITION, AND A REGULAR CONDITIONING OF WAXLAYERS WILL ENSURE THAT THE CONDITIONIS MAINTAINED. THE WORK WILL BE CLEANED WITHA 2%SOLUTION OF ORVUSAND DISTILLED WATER AND THEN WAXED WITH A LAYER OF RENAISSANCE MICRO CRYSTALLINE WAX. A BI- ANNUAL CLEANING AND WAXING WILL ENSURE THE MAINTENANCE OF THE WORK. Page 51 of 63 Revised:1/31/18 720599.1 14.Lawn Chair THE LAWN OF THE CHAIR WILL BE VACUUMED FOR MAINTENANCE BI-ANNUALLY. THE STEEL ARMATURE SHOWS SOME RUST; A NON-REACTIVE CLEAR COAT COULD BE APPLIED AFTER A CLEANING TO ENSURE THE DISCONTINUATION OF THIS PROCESS. THE BRONZE PLAQUE WILL MAINTAINED WITH BIANNUAL CLEANING AND WAXING SOME LIGHT FIXTURES ARE IN NEED OF REPAIR. Note: New light fixtures and any electrical required are not included in the scope of work. 15. Standing Woman THE PATINA IS IN DECENT CONDITION, A REGULAR SCHEDULE OF CLEANING AND WAXING WILL ENSURE THAT THE Q UALITY DOES NOT DIMINISH. THE BRONZE WILL BE CLEANED AND THEN COATED WITH A LAYER OF RENAISSANCE MICROCRYSTALLINE WAX.A BI-ANNUAL CLEANING AND WAXING WILL BE SUFFICIENT FOR UPKEEP. THERE IS A BUILD-UP OF OLD WAX LOWER ON THE BODY WHICH MAY BE ABLE TO BE REMOVED WITH 2%SOL UTION OF ORVUS AND DISTILLED WATER IN CONJUNCTION WITH SOFT BRISTLE BRUSHES AND TEFLON TOOLS. THERE ARE SOME SPOTS ON THE LOWER PORTION OF THE BASE THAT APPEAR TO BE RUSTING; THIS WOULD INDICATE THAT SOME FOREIGN CONTAMINANT HAS MADE ITS WAY TO THE BRONZE AND IS REACTING WITH IT. THE SEVERITY OF THIS WILL NEED TO BE ASSESSED BY A CONSERVATOR. A REMEDY FOR THIS PROBLEM WILL FOLLOW THE CONSER VATORS ASSESSMENT. THE CONCRETE BASE NEEDS REFINISHING. Note: Conservation fees are not included in the proposed scope of work. 16. Whirlwind Vl THE PIECE IS IN NEED OF A THOROUGH CLEANING; THERE IS SUBSTANTIAL SCALE BUILD-UP FROM NEARBY SPRINKLERS. ONCE CLEANED A BI-ANNUAL RINSING WITH DISTILLED WATER WILL KEEP THE WORK IN GOOD CONDITION. THERE IS WHAT APPEARS TO BE A SUBSTANTIAL SCALE B UILD UP NEAR WHERE THE STAINLESS STEEL MEETS THE PEDESTAL. BUILD-UP TO THE POINT OF FLAKING. A CONSER VERA TOR WILL BE CONSULTED BEFORE REMOVAL TO ASSURE PROPER PROCEDURES. THE SPRINKLERS WILL NEED TO BE REDIRECTED SO AS TO NOT FURTHER DAMAGE THE PIECE. THERE IS WHAT APPEARS TO BE DOMINO CHIPS THAT HAVE BEEN GLUED TO THE CONCRETE BASE. ASSUMED TO BE A FORM OF VANDALISM THESE WILL BE REMOVED UPON CONFIRMATION. Note: Conservator fees not included in the proposed scope of work. 17.Nines and Elevens THERE ARE SUBSTANTIAL SUN AND TIME DETERIORATION TO THE PAINTED STEEL. THE WORKS ARE IN NEED OF A NEW COAT OF PAINT. THE ARTISTS STUDIO WILL BE CONTACTED FIRST,AND THENIF THEYARE UNABLE OR UNWILLING,A CONSERVATOR WILL BE CONSULTED TO DETERMINE THE BEST PAINT AND TERMS OF APPLICATION. THERE IS GRAFFITI WHICH WILL NEED TO BE REMOVED. ONCE REMOVED AND REPAINTED, THE WORKS WILL BE MAINTAINED WITH A BI-ANNUAL WASHING WITH Page 52 of 63 Revised:1/31/18 720599.1 DISTILLED WATER THE ARTWORK WOULD BE SUBSTANTIALLY IMPROVED IF THE LIGHTING SYSTEM WERE UPGRADED. Note: Artist fees, Conservator fees, new lighting, and painting not included in the scope of work. 18. Red: Butch THE SURFACE COATING OF PAINT IS IN DECENT CONDITION WITH ONLY MINOR FADING AND IMPERFECTIONS. IF WE PROCEDE TO PAINT THE OTHER TWO JOHN CLEMENT PIECES, IT WOULD BE RECOMMENDED TO PAINT `B UTCH'AT THE SAME TIME FOR COHESION. A BIANNUAL CLEANING WITH DISTILLED WATER AND SOFT RAGS WILL SUFFICE TO MAINTAIN THIS ARTWORK. THE ARTWORK COULD USE A PLAQ UE. THE CONCRETE PEDESTAL CO ULD USE A COAT OF PAINT. Note: Painting of work,recommended plaque not included in the scope of work. 18.Yellow: Squeeze THE PAINT ON THIS WORK HAS FADED SUBSTANTIALLY IN AREAS OF GREATEST EXPOSURE.REPAINTING IS RECOMMENDED FOR THE NEAR FUTURE TO RESTORE THE WORK TO ITS NEAR ORIGINAL CONDITION. THE ARTWORK MAYBE CLEANED WITH A 2% SOLUTION OF OR V US AND DISTILLED WATER. A BI-ANNUAL RINSING WITH DISTILLED WATER WILL BE SUFFICIENT FOR UPKEEP. AT THE POINTS WHERE THE SCULPTURE DIPS UNDERGROUND IT APPEARS THAT RUST IS BEGINNING TO FORM. THIS IS AN AREA OF EXTREME CONCERN AS THE WORK COULD UNKNOWINGLY BE RUSTING THRO UGH THE STEEL CAUSING A CRITICAL FAIL URE. WITH APPROVAL WE AGREE TO CLEAR THE GROUND AROUND THE SCULPTURE. IT IS ALSO RECOMMENDED TO PLACE THE SCULPTURE AFRESH ONROCK ONA CONCRETE PAD. THE SPRINKLERS SHO ULD ALSO BE REDIRECTED TO LIMIT SCALE B UILD UP. THE ADDITION OF PLAQUE WOULD BE BENEFICIAL FOR ENJOYING THE WORK. Note: Painting of work, concrete pad, and recommended plaque not included in scope of work. 18. Orange: Ithiel THE PAINT HAS SUBSTANTIALLY FADED ON THIS WORK TO THE POINT WHERE REPAINTING IS IMMINENT. THE WORK COULD BE CLEANED WITHA 2%SOLUTION OF ORVUS AND DISTILLED WATER. A BIANNUAL CLEANING WILL BE SUFFICIENT UPKEEP. FOR REPAINTING, THE ARTISTS STUDIO WILL BE CONTACTED FIRST AND IF THEY ARE UNABLE OR UNWILLING TO REPAINT A CONSERVATOR WILL BE CONSULTED. THE WORK SHOULD BE ABLE TO REMAIN ON-SITE FOR PAINTING APPLICATION. THE CONCRETE PAD IS OVERGROWN WITH GRASS AND DIRT. THE PAD SHOULD BE CLEARED BACK. IT WOULD ALSO BE RECOMMENDED TO CLEAR BACK THE LAWNAROUND THE CONCRETE PEDESTAL 2 TO 3 FEET AND FILL IN WITH GRAVEL TO REMEDY THE OVERGROWTH COMPLETELY AND TO GET THE ORGANIC MATERIALS AWAY FROM THE SCULPTURE. IRRIGATION SPRINKLERS WILL ALSO NEED TO BEADJUSTED.ANADDITIONAL BRONZE PLAQUE WOULD GREA TL Y ENHANCE THE QUALITY OF THE VIEWING OF THE ARTWORK. Page 53 of 63 Revised:1/31/18 720599.1 Note: Artist fees, Conservator fees, landscape, and painting not included in the scope of work. 19.A Personal History of Palm Springs THE WORK IS IN EXCELLENT SHAPE AND REQUIRES NO IMMEDIATE CARE OR RESTORATION.ANAAWUAL DUSTING WILL SUFFICE TO KEEP THIS WORKINPERFECT CONDITION. 19. The Entertainer THE PATINA IS IN EXCELLENT SHAPE AND NEEDS ONLY AN OCCASIONAL CLEANING TO MAINTAIN ITS QUALITY. AN ANNUAL CLEANING WITH SOFT CLOTH OR VACUUM AND BRUSHES WILL BE SUFFICIENT FOR THE UPKEEP OF THE OBJECT. THE CONCRETE PEDESTAL SHOWS SIGNS OF WEAR AND AGE, RE-FINISHING WOULD GREA TL Y ENHANCE THE ARTWORK. 19. Sympatico THE PATINA IS IN EXCELLENT SHAPE. ALL THAT IS REQUIRED IS A SCHEDULE OF ROUTINE MAINTENANCE. THIS WILL CONSIST OF A BIANNUAL CLEANING AND WAXING. 19. Crouching Lion (*Note RFP shows Crouching Tiger as title,plaque by work says Crouching Lion) THE PATINA IS IN EXCELLENT SHAPE. THE WAX LAYER IS NON-EMSTANT ON THE WESTERN SIDE OF THE SCULPTURE. THE WORK WILL BE CLEANED WITH A 2% SOL UTION OF ORVUS AND DISTILLED WATER AND THEN WAXED WITH RENNAISANCE MICROCRYSTALLINE WAX. ALL THAT IS REQUIRED IS A SCHEDULE OF ROUTINE MAINTENANCE. THIS WILL CONSIST OF A BIANNUAL CLEANING AND WAXING. 20.Four Chihuly Glass Pieces THE WORK IS SAFELY UNDER GLASS, AND MERELY A REQUIRES A BI-ANNUAL VACUUMING AND CLEANING OF THE WORK AND VITRINE TO MAINTAIN ITS Q UALITY AND VISUAL CLARITY. 20. Sonny Bono THE PATINA OF THE BRONZE IS IN DECENT CONDITION AND A REGULAR CONDITIONING OF WAXLAYERS WILL ENSURE THAT THE CONDITIONIS MAINTAINED. THE WORK WILL BE CLEANED WITHA 2%SOL UTION OF ORVUSAND DISTILLED WATER AND THEN WAXED WITH A LAYER OF RENAISSANCE MICROCRYSTALLINE WAX. A BI- ANNUAL CLEANING AND WAXING WILL ENSURE THE MAINTENANCE OF THE WORK. 20. John F.Kennedy THE PATINA IS IN EXCELLENT SHAPE. ALL THAT IS REQUIRED IS A SCHEDULE OF ROUTINE MAINTENANCE. THE WORK WILL BE VACUUMED ANNUALLY AND WAXED EVERY OTHER YEAR. Page 54 of 63 Revised:1/31/18 720599.1 20.Balzac THERE IS SOME SCALE BUILD UP ON THE BASE OF THE SCULPTURE THAT WILL NEED TO BE REMOVED BEFORE PROPER MAINTENANCE CAN COMMENCE. AN INITIAL CLEANING WITH A 2% SOLUTION OF ORVUS AND DISTILLED WATER WILL BE UTILIZED. IF THAT DOES NOT REMOVE THE SCALE BUILD UP A CONSERVATOR WILL BE CONSULTED. THE SPRINKLERS IN THE SURROUNDING GARDEN BEDS WILL HAVE TO BE REDIRECTED IN ORDER TO MINIMIZE CONTACT WITH THE SCULPTURE. A ROUTINE WASHING WITHDISTILLED WATER WILL ENSURE THE SCULPTURE REMAINS IN GOOD CONDITION. Note: Conservator fees not included in the proposed scope of work. Page 55 of 63 Revised:1/31118 720599.1 ATTACHMENT "Y *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment,without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANTNENDOR: Arlene Amick,The Art Collective NAME and TITLE of Authorized Representative: (Print) Arlene Amick Signature a sentative: (Sign) (Date) July 12,2019 Page 56 of 63 Revised:1/31/18 720599.1 Lti1 S. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM �4��voaN•? 1. Name of Entity The Art Collective 2. Address of Entity(Principle Place of Business) 34-330 Gateway Drive, Unit 110, Palm Desert CA 92211 3. Local or California Address(if different than#2) 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in Califomia?0 Yes EJ No 5. Type of Entity ❑Corporation ❑x Limited Liability Company ❑Partnership ❑Trust ❑Other(please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Arlene Amick ❑Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ®Other Owner Kyle Elder ❑Officer ❑Director ❑Member ❑Manager [name] ®General Partner ❑Limited Partner ❑Other ❑Officer ❑Director ❑Member ❑Manager [name] []General Partner ❑Limited Partner Other Page 57 of 63 Revised:1/31/19 720599.1 7. Owners/Investors with a 5%beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50116,ABC COMPANY,Inc. [name of owner/investor] [percentage of beneficial interest in entitv and name of entity] A. Arlene Amick 100%,The Art Collective, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of ownerlinvestor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature f Disclosing P t# Pttnt�d Name,Title Date Arlene Amick, wrier 8,Project Manager July 12,2019 Page 58 of 63 Rcviscd:1/31/18 720599.1 70 I I Y 0 F P 01 M U E S E R I License Number,BLIC2019-0324 1--S10 Fred WcrinL:,Div ' Expiration Dave 06/30/20 °01n;OPSC:1.CA 92260 761) ` 1 BUSINESS LICENSE { BUSINESS NAME: ART COLLECTIVE THE LLC BUSINESS LOCATION: -CERTIFICATE', 3433D GATEWAY OR'110 NOT TRANSFERABLE { FINE AFT SERVICES/ART STORAGE g.a S BUSINESS OWNER: - 3 THE ART COLLECTIVE LLC 3,330 GATEWAY DR UNIT 110 "���` — .r.n r.�t:cram•.:ter;••na r...,:. a c ... { ,r PAIfJI DESERT,CA 92260 ,II•e nr:-:. r.�._•u,� •:� ••�,_.,e.�o� - �•,,,,;f Page 59 of 63 Revised:1/31/18 720599.1 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Page 60 of 63 Revised:1/31/18 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement,including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City,its elected officials,officers,employees,agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability(errors and omissions)insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it. For Workers' Compensation and Page 61 of 63 Revised:1/31/18 720599.1 Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance,Contractor shall also agree in writing either(1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor's services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better,unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all workperformed with the City"may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representative" is not acceptable and must be crossed out. Page 62 of 63 Revised:1/31/18 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. Page 63 of 63 Revised:1/31/18 720599.1