Item 1AA - Page 6
. ,. ,. ... - .. --11_, ___________ .. __ .....__
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe 50%, ABC Company, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Stephen S. Rados 17.91 %, Steve P. Rados, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Derek W. Rados 17.89%, Steve P. Rados, Inc.
[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 entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Date
March 31, 2022
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
Digester No. 2, Gas Flare, Filtrate PS
CITY PROJECT NO. 20-25
DECEMBER 2021
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Attachment B
Item 1AA - Page 7
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER NO. 5
CP 20‐25 & 21‐07 WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station
Contractor: Steve P. Rados, Inc. Date: February 1, 2024
CONTRACT CHANGE ORDER SUMMARY
This lump sum Contract Change Order No. 5 is to address missing items in the Cable and Conduits Schedule for the Gas Holder system. The contractor submitted RFI No. 23.1 asking for clarification was prepping the site to layout the duct bank and underground conduit plan when it was discovered several utility conflicts above and below ground. After verifying the conflicts, the Contractor submitted a new routing plan. The new routing plan was reviewed and approved by the City’s design team and construction management team. The new routing plan provides better access for maintenance and repairs of the duct bank and electrical conduit.
After the plan was approved, the Contractor submitted his cost for the new routing plan. Steve P. Rados is requesting $65,145.83 for the new routing of the duct bank and underground conduit for Digester No. 2.
For the Digester Tank, Steven P. Rados submitted a RFI proposing keyways at stater wall connections to prevent tank leakage through the joints. The contract drawings have keyways called out at the footings but not verticals. Steven P. Rados’ RFI stated that additional keyways vertically will prevent leakage at the joints.
Stantec reviewed the additional keyways vertically and agreed this will prevent leakage at the joints. Stantec reviewed Steven P. Rados and agreed and approved the additional keyways. After approval, the Contractor submitted his cost for additional keyways vertically to prevent the leakage at the joints. Steven P. Rados is requesting $107,685.94 for the additional keyways to be set vertically. The Construction Management team reviewed the cost and found it acceptable.
During construction, it was discovered that several utilities and sewer piping were not located as identified on the contract drawings. City Staff, Veolia Staff and the Construction Management team reviewed the existing as‐builts for the wastewater treatment plant and discovered the utilities and sewer piping were not at the locations as depicted on the as‐builts. It was agreed that the Construction Management team will track and keep records of all the incorrect locations. The Contractor hasfinished potholing and relocated all utilities needed to prevent damage and keep the existing utilities in service. Steven P. Rados is requesting $75,456.99 for the additional potholing and relocation of unforeseen utilities conflict. The Construction Management Team has reviewed the cost and agrees on the amount.
CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Gas Holder Conduits and Fill 1 LS $65,145.83
02 Digester Keyways and Joint Sealant 1 LS $107,685.94
03 Additional Potholing – Relocate Unforeseen Utilities 1 LS $75,456.99 Total Lump Sum Change Order Amount: $248,288.76
Item 1AA - Page 8
CHANGES TO CONTRACT TIME
The contractor is requesting sixty (60) working days to be added to the contract time.
SOURCE OF FUNDS
Sufficient funds are available in Account No. 4207500‐80000‐ 20‐25‐WWTP‐WASTEWATER‐DGSTR2GAS.
SUMMARY OF COSTS
Original Contract Amount: $15,905,500.00 Construction Start Date: 07/21/2022 Previous Change Orders: $67,143.32 Previous Agreed Completion Date: 01/22/2024 This Change Order Amount: $248,288.76 Working Days Added: 60 Revised Contract Amount: $16,284,193.34 Revised Completion: 04/12/2024 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.
Steve P. Rados, Inc.
Jason Riedel, Project Manager Date
City of Palm Springs
Recommended By:
Joel Montalvo, City Engineer Date
Approved By:
Scott C. Stiles, City Manager Date
Attest By:
Brenda Pree, City Clerk Date
Item 1AA - Page 9
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 3 WITH UNIFIED FIELD SERVICES CORPORATION IN THE AMOUNT OF $825,376.90 FOR THE
WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS
REHABILITATIONS, CITY PROJECT 21-05
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
This is a request for approval of Contract Change Order No. 3 in the amount of $825,376.90 for demolition of a concrete block wall for sludge drying beds 16 to 18, installation of new concrete walls with footings for sludge drying beds 19 to 26, removal of existing block beam for sludge drying beds 19 to 26, and removal of underlaying substrate for sludge drying beds 16 to 18.
RECOMMENDATION:
1. Approve Contract Change Order No. 3 in the amount of $825,376.90 with Unified Field Services Corporation (“Contractor”) for the WWTP Sludge Drying Beds 16- 18 and 19-26 Rehabilitations, City Project No. 21-05 (“Project”).
2. Authorize the City Manager or designee to execute all necessary documents.
3. Appropriate $825,376.90 from the Wastewater Fund balance.
BUSINESS PRINCIPAL DISCLOSURE:
A Public Integrity Disclosure Form from Unified Field Services Corporation is included as Attachment A.
BACKGROUND:
On June 5, 2023, the City Council awarded a construction contract to Unified Field Services Corporation in the amount of $2,167,854 for the Project. The initial scope of Item 1BB - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Approve CCO No. 3 CP 21-05
work included eleven (11) sludge drying beds that required rehabilitation, which were installed and placed into operation in 1982.
Since construction of the Project started on September 25, 2023, there have been two contract change orders approved for the following reasons:
• Contract Change Order No.1 – Additional concrete needed to be demolished, removed, and new concrete poured on both sides of the center trench for sludge drying beds 16 to 18. The City also requested the Contractor provide additional concrete testing that was not covered in the Project specifications. • Contract Change Order No. 2 – The existing, buried 30 mil PVC liner was found to be brittle and not suitable to adhere to the proposed 30 mil PVC liner. The City requested that the subject material should be removed and replaced.
STAFF ANALYSIS:
During excavation and demolition of the concrete ramps at sludge drying beds 19 through 26, it was discovered that the existing cast-in-place retaining walls were not built on conventional, continuous shallow foundations. Rather, the retaining walls consisted of 16x16 unreinforced concrete columns not suitable for re-use as originally depicted in the bidding documents for this Project. The design used for bidding was based upon recorded as-built drawings from the Wastewater Treatment Plant Expansion, City Project 79-44.
Typical sludge drying beds are designed with a concrete masonry unit wall or cast-inplace, reinforced concrete wall with a continuous shallow footing to allow future rehabilitation.
In addition, the soil conditions encountered under sludge drying beds 16, 17, and 18 consisted of very dense and strongly cemented poorly graded gravel with silt and cobbles.
This soil condition was not encountered at the other sludge drying beds and was not anticipated during design. Since the cemented layer could not be easily removed, scarified, or compacted with conventional earthwork, it was recommended by the design consultant to remove it completely and replace with approved engineered fill.
Due to these unforeseen conditions discovered during field operation, and as vetted by Engineering Staff, Construction Management team, and the design consultant, additional out of scope work is needed to bring the sludge drying beds to industry standards for continued use and operations. Engineering Services is recommending approval of Contract Change Order No. 3, and a copy of the change order is included as Attachment B.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or Item 1BB - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Approve CCO No. 3 CP 21-05
reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the WWTP Sludge Drying Beds 16-18 and 19-26 Rehabilitations, City Project No. 21-05, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority “Community Infrastructure”, specifically 2A, Improve City Facilities.
FISCAL IMPACT:
There is sufficient funding in the Wastewater Fund balance to cover the appropriation for this change order. Funds not used for the construction project will be returned to the Wastewater Fund account.
REVIEWED BY:
City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form – Unified Field Services Corporation B. Contract Change Order No. 3
Item 1BB - Page 3
Attachment A
Item 1BB - Page 4
Item 1BB - Page 5
PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM
1. Name of Entity
UNIFIED FIELD SERVICES CORPORATION
2. Address of Entity (Principle Place of Business)
6906 DOWNING AVENUE BAKERSFIELD CA 93308
3. Local or California Address (if different than #2)
SAME AS ABOVE
4. State where Entity is Registered with Secretary of State
STATE OF CALIFORNIA
If other than California, is the Entitv also registered in California? • Yes • No
5. Type of Entity
129 Corporation • Limited Liability Company • Partnership • Trust • Other (please snecif"'
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/he member, manager, trust or other entity Wesley R Furrh, Jr., President/CEO/Secretary/Treasurer 129 Officer • Director • Member • Manager • General Partner • Limited Partner
• Other
Joseph Watkins, Vice President IZl Officer • Director • Member • Manager
SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023
• General Partner • Limited Partner
• Other
• Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1BB - Page 6
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe 50%, ABC Company, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Wesley R Furrh, Jr. PresidenUCEO/Secretary/Treasurer 75%, Unified Field Services Cor12oration [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Joseph Watkins, Vice President 25%, Unified Field Services Corporation [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 owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE ST ATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Date
April 24, 2023
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1BB - Page 7
Who Must File?
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals) What Must I Disclose?
1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity.
Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form.
2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Attachment B
Item 1BB - Page 8
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER No. 3
CP 21-05 WWTP Sludge Drying Beds
Contractor: Unified Field Services Date: February 8, 2024
CONTRACT CHANGE ORDER SUMMARY
During the demolition of the concrete ramps at Drying Beds No's 16, 17 and 18, a concrete block wall was discovered under the full length of the ramps. This wall served as a foundation to support the ramps. This discovery has impacted the demolition of the contract work, Bid Item No. 04. Staff has verified the subject block wall was not found within City records or within design plans. The City requests the Contractor remove and legally dispose of the conflicting portions on a 'Time & Materials' basis.
The existing records for Drying Beds 16-18 depict and are confirmed to be concrete block walls. This previous design was assumed to be similar for Beds 19 through 26. However, at the pre-construction inspection, it was discovered that the now exposed walls of Beds 19-26 were constructed as 16” X 16” cast-in-place concrete without a footing on which to fasten the proposed water-stop material. The existing walls cannot be used for the rehabilitation of Beds 19-26. It was discussed and agreed by the City and Veolia staff that the concrete walls will be replaced with new reinforced concrete walls that will be incorporated into the overall bed structures and allow for the installation of a water-stop where needed (exterior walls only). The Construction Management team has reviewed the proposed cost from the Contractor, prepared a cost analysis, and negotiated a cost that is now acceptable to the City.
The existing records for Sludge Drying Beds 19-26 depict a cast-in-place retaining wall around the perimeter and interior walls of the sludge drying beds. In the field, it was discovered that the perimeter and interior walls were 16”x16” poured in place concrete walls with no footings. It was discussed and agreed by the City and Veolia staff that the perimeter and interior walls will be demolished, removed, and replaced with new reinforced concrete walls that will have a footing, allowing installation of the water stop per plan. The City requests the Contractor to remove and legally dispose of the perimeter and interior walls of Sludge Drying Beds 19-26. Due to the impact on the schedule the Contractor is also requested to prosecute the work on a 'Time & Materials' basis.
During the demolition, Bid Item No. 04, of Drying Beds No's 16, 17 and 18, it was discovered the underlying substrate could not be removed, scarified and recompacted as shown on the project plans and specifications. The existing materials contained a 'cemented' cobble material which could not be processed as required and needed to be removed. The Contractor's geotechnical consultant examined the substrate and provided a written report and directions to proceed. The City requests the Contractor remove and legally dispose of the unsuitable material and replace and compact an approved material.
Due to the impact on the schedule the Contractor is also requested to prosecute the work on a 'Time & Materials' basis.
The City's Consultant Construction Manager has reviewed and prepared an independent cost analysis for the work. The CM's combined estimates are in line with the Contractor's pricing.
Item 1BB - Page 9
CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
04 Remove CMU wall for Sludge Beds 16–18 1 LS $11,762.88 07 Redesign of interior and exterior walls for Sludge Beds 19-26 1 LS $668,000.97 08 Demolish and dispose of interior and exterior walls of Sludge Beds 19-26 1 LS $45,000.50 09 Soil conditions under Sludge Beds 16-18 1 LS $100,612.55 Total Lump Sum Change Order Amount: $825,376.90
CHANGES TO CONTRACT TIME:
The contractor is requesting sixty-nine (69) additional working days.
Source of Funds:
Sufficient funds are available in the Wastewater Fund Balance.
Summary of Costs:
Original Contract Amount: $2,167,854.00 Construction Start Date: 09/25/2023 Previous Change Orders:
This Change Order:
$208,096.38 Previous Agreed Completion Date: 2/23/2024
This Change Order Amount: $825,376.90 Working Days Added: 69 Revised Contract Amount: $3,201,327.28 Revised Completion: 5/30/2024 I have received a copy of this Change Order, and the above AGREED PRICES are acceptable to Contractor.
Unified Field Services
Scott Reynolds, Project Manager Date
City of Palm Springs
Recommended By:
Joel Montalvo, City Engineer Date
Approved By:
Scott Stiles, City Manager Date
Attest By:
Brenda Pree, City Clerk Date
Item 1BB - Page 10
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT VICTORIA PARK AND $50,000 FOR THE ARTSCAPE IN THE PARKS PROJECT AT JAMES O. JESSE PARK
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:
The Public Arts Commission recommends the City Council approve appropriating Public Arts Funds in the amount of $100,000 to be used for the Artscape in the Parks Project (Artworks) at James O. Jessie Park ($50,000) and Victoria Park ($50,000). The project concept is to honor the cultural history of James O. Jessie Park and Victoria Park and their surrounding communities through art.
RECOMMENDATION:
1. Appropriate Public Art Funds (Fund 150) in the amount of $100,000.
2. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks at James O. Jessie Park Project.
3. Approve expenditure of Public Art Funds in the amount of $50,000 for the Artscape in the Parks at Victoria Park Project.
BACKGROUND:
On February 1, 2024, at a Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $50,000 of Public Arts Funds for the proposed Artwork.
STAFF ANALYSIS:
The proposed Artworks are in the conceptual phase. As the concept evolves and advances, it is anticipated that a Call for Artists will be issued. Before advertising and Item 1CC - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Artscape in the Parks
promoting the Call for Artists to the artist community it would be prudent to appropriate and allocate sufficient funding for the proposed Artworks. At this time, the Public Arts Commission is seeking approval for the use of $100,000 of Public Art Funds to proceed with implementing the proposed Artwork.
As described in the attached Project Statement by the Public Art Commission (Attachment A), the proposed Artwork:
• May be any shape form or design.
• May be one large piece, or multiple smaller pieces which enhance each other. • The Artwork should feature imagery and a color palette that is welcoming, with the focus on themes that promote community, healthy living, family, and mutual collaboration.
• It should explore an expanded notion of public sculpture and engage the community members.
• The maximum amount for the entire project will be $50,000.
As with past public art projects in parks, the Public Art Commission will coordinate and work closely with the Parks and Recreation Commission. The Public Arts Commission will facilitate communication, oversee the artist selection process, and the production and installation of the Artworks.
It is anticipated that the call for artists will be released in June 2024 and the installation of the artwork will occur April 2025 in conjunction with World Art Day 2025. After the Call for Artists is complete, staff will return to City Council for approval of the artists and proposed Artworks.
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.
In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.
Item 1CC - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Artscape in the Parks
ALIGNMENT WITH STRATEGIC PLANNING:
Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:
Approval of this action will authorize the appropriation of $100,000 of Public Arts Funds from the Public Arts Fund Balance and allocate these funds to account 1502550 60030, Public Art - Acquisition. There is sufficient funding in the account for the proposed project.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Art Commission Project Statement
Item 1CC - Page 3
The Palm Springs Public Arts Commission:
Artscape in the Parks
The City of Palm Springs Public Arts Commission is seeking artwork for their inaugural Artscape In The Parks program.
The artwork will be part of a public art expansion and park improvement project lead by the Palm Springs Public Arts Commission in conjunction with the Palm Springs Parks & Recreation Commission. The goal of this project is to honor the rich cultural history of the each community and to bring art into each neighborhood hub—their local park.
The first two commissions will be for two installations: one in Victoria Park and one at the James O. Jessie Desert Highland Unity Center.
Future installations in other parks will be announced separately.
Each commission is for 50k.
The sculpture can be any shape, form or design.
The installation can be one large piece, or multiple smaller pieces which enhance each other. The total commission amount per park does not change.
The proposed site-specific artwork should feature imagery and a color palette that is welcoming, with the focus on themes that promote community, healthy living, family, and mutual collaboration.
Works that explore an expanded notion of public sculpture and engage the community members are encouraged.
The Artscape program is open to all artists 18 years of age or older. All entries must be original work and artists are encouraged to be creative in their selection of materials while considering safety requirements common to publicly accessible works of art.
All work must be safe, tamper-resistant, and easily maintained, regardless of ease of public reach.
Artwork must withstand a public and desert environment, mainly extreme heat but including windy conditions, for the duration of the installation.
In addition to being relevant to the demographics of each community, the artwork must satisfy reasonable standards of permanence and safety, meet all relevant codes required for public places, and offer reasonable proof of soundness against theft, vandalism or excessive maintenance and repair.
Item 1CC - Page 4
As the two sites where the works will be displayed are in high pedestrian traffic areas, the safety of the public, including children, must be taken into consideration. Work must be as vandal-proof as possible and cannot have sharp edges or be easily breakable or bendable. Work must be of sufficient size to minimize possibility for theft.
All work entered must be freestanding and suitable for long-term outdoor public display.
All accepted entries must be capable of being properly secured to a concrete pad, or securely anchored in the ground.
In making their decision, the Arts Commission will consider the submission of appropriateness to each community; the applicant’s professional qualifications; proven ability to undertake projects of a similar scope; and artistic merit as evidenced by the submitted materials and professional history.
One artist can submit distinct proposals for each commission opportunity, but will only be awarded for park. The winners will not be eligible for future Artscape opportunities.
Rough timetable (coincidentally aligns with World Art Day 2025) Feb 1: Arts Commission approves
March 14/28 Council approves
April 1- May 24: Contract work
June 10- Call For Artists goes live
August/September Submissions chosen by the Arts Commission.
September: Council approval.
April 15 2025: Installation in Parks.
Note: Timing is conditional on Council approval at the beginning and the end of the process.
Item 1CC - Page 5
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 29, 2024 CONSENT CALENDAR
SUBJECT: APPROVE FUNDING FOR MAINTENANCE OF THE “NINES AND ELEVENS” PUBLIC ARTWORK
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:
Approve use of Public Art Funds in the amount of $2,690 to correct the colors on the public art piece Nines and Elevens (Artwork) located in Demuth Park. The Public Arts Commission has recommended approval of this repair.
RECOMMENDATION:
Approve Public Art Funds in the amount of $2,690 to have Signature Sculpture repaint the Nines and Elevens Public Art Piece located in Demuth Park.
BACKGROUND:
On June 14, 2023, the Public Arts Commission voted to approve a budget request of $2,690 to repaint the Public Art piece Nines and Elevens located in Demuth Park to the artist’s specifications.
STAFF ANALYSIS:
The Nines and Elevens sculptures in Demuth Park was created in 1999 by artist James Jared Taylor (Artist) as part of the Interactive Community Arts Project (ICAP). Over the years the Artwork had been repainted and the Artist informed staff of this alteration and has requested it be corrected.
The Artist informed staff the sculptures are close to the correct colors except for the curve or “Hill” which is now painted in orange. See Image 1 below:
Item 1DD - Page 1
City Council Staff Report
February 29, 2024 -- Page 2
Nines and Elevens Public Art
The “Hill” (currently in orange)
Image 1
The "Hill" element was originally fuchsia to represent the color tones on the hills and mountains in the morning light. See Image 2 below:
The “Hill” (originally in fuchsia)
Image 2
Item 1DD - Page 2
City Council Staff Report
February 29, 2024 -- Page 3
Nines and Elevens Public Art
In addition, the protective boxes over the lights are painted the same orange instead of a neutral sand color which the artist selected so that those boxes would match the sand, and the plaque for the Artwork has also been damaged and is on the ground and needs to be replaced. The work to be performed includes sanding, painting, and installing a bronze plaque into the existing concrete footing.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
According to Section 15378(b), a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:
Approval of this action will require City Council approval to use $2,690 of Public Arts Funds. There are sufficient funds available in the Public Arts Fund account 1502550 50105, Repairs and Maintenance.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1DD - Page 3