Revised: 2.9.22
AMENDMENT NO. 1 TO THE A9206 CLEANING AND MAINTENANCE
OF PUBLIC ART
BETWEEN THE CITY PALM SPRINGS AND SAME DAY EXPRESS dba
SIGNATURE SCULPTURE
1. Parties and Date.
This Amendment No. 1 to the Cleaning and Maintenance of Public Art is made and entered into as of this 13 day of March 2023, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture , a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California . City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art ” dated September 12, 2022 (“Agreement” or “Contract”) for the purpose of retaining the services of Contractor to provide the Ci ty with Cleaning and Maintenance of Public Art (“Project”).
2.2 Amendment. T he City and Contractor desire to amend the Agreement to include repair of art piece Chairman of the Links due to damages found during routine cleaning.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.3 of the Agreement.
3. Terms.
Compensation of Contractor. 3.1 of the Agreement is hereby amended in its entirety to read as follows:
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 $129,800.00.
Exhibit A Item F13. “Chairman of the Links” , 124 S. Palm Canyon Drive: - bi-annual cleaning
“Exhibit A” Item F 13. is hereby deleted in its entirety and replaced with Item F 13. “Chairman of the Links” , 124 S. Palm Canyon Drive: - bi-annual cleaning and repairs needed , attached hereto and incorporated herein by reference.”
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04
Revised: 2.9.22
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04
Revised: 2.9.22
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND SIGNATURE SCULPTURE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 3/13/2023
3/15/2023
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Performance
And
Schedule of Compensation
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04
1.1 Background: There are over 75 pieces in the City’s public art collection, ranging from outdoor sculptures, installations at the Palm Springs Airport, murals, and to art that is on loan to the city. Some pieces are over 30 years old. The City and Public Arts Commission believe the public arts collection beautifies and enriches the City and are dedicated to the maintenance and upkeep of the collection. Cleaning and maintenance issues in the collection may result from our harsh environment, age, graffiti, and the original siting of art.
At this time the City of Palm Springs has prioritized the cleaning and maintenance of certain art pieces. The Contractor will provide the cleaning and maintenance services for these pieces.
1.2 Scope:
A. The Contractor shall provide various levels of cleaning and maintenance of the art pieces outlined below that are located throughout the City to maintain a high standard of cleanliness and appearance for public viewing and enjoyment.
1. Cleaning includes dusting, washing, waxing. It also includes removing graffiti (if graffiti can be removed with standard cleaning procedures), grime, residue from irrigation, bird droppings, gum and other environmental factors according to American Instit ute for Conservation Code of Ethics and Guidelines for Practice for each work.
2. Maintenance includes work such as removing corrosion, flaking paint, removing/reapplying protective surface / coatings, etc., according to American Institute for Conservation Code of Ethics and Guidelines for Practice for each work.
B. Repairs and Restoration– The Contractor shall repair and restore the pieces that have been identified as needing to be repaired and restoration. This may involve repairing breaks, creating replacement pieces for areas of loss, and filling cracks.
C. The City of Palm Springs relies on the professionalism and competence of the Contractor to be knowledgeable of the general areas identified in this scope of work and to have included in its proposal all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments to the Contractor’s agreement which do not involve a substantial change from the general scope of work iden tified in this Scope of Work.
D. The Contractor will be required to provide high resolution color photographs of all artwork of the before and after treatment with their invoice outlining details of work performed and any condition issues encountered as a part of their work.
E. Due to the security set forth by the TSA, please carefully review the following section below:
WORK REQUIREMENTS FOR SECURED AREA OF AIRPORT
Palm Springs International Airport (PSP) is dedicated to the safety and security of all operations, Landside and Airside. To ensure this, separate procedures have been established for individuals and vehicles entering restricted areas of the DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 Airport. Contractor will be required to comply with all federal security programs and will be resp onsible for all time and costs associated with obtaining Security IDs.
PSP security compliance will be reviewed with the successful contractor for the project. For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $95.00 and requires approximately four hours of time and two trips to the Airport.
The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “Authorized Signatory Letter”. The signatory verifi es and approves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available on the Airport website at www.palmspringsAirport.com
For more information on badging requirements, please visit:
http://www.palmspringsca.gov/government/departments/aviation-palm- springsinternational-airport-psp/doing-business-at-psp/airport- administration/operationsand-security
F. The following Art collection and Locations to be cleaned and maintained are as follows:
1. “Agua Caliente Woman”, Tahquitz Canyon Way and Indian Canyon Way:
Piece – repair needed and then bi-annual cleaning.
2. “Young Basket maker”, Tahquitz Canyon Way and Sunrise – bi-annual cleaning.
3. “Charlie Farrell”, Palm Springs Airport at El Cielo: Severe calcium damage to lower half of sculpture - needs restoration and then bi-annual cleaning
4. “Help Is on The Way”, In front of Palm Springs Police Station: bi-annual cleaning.
5. “Machine Age, Forget me Not, and Le Campas de Vulcan”, along Kirk Douglas Way – bi-annual cleaning.
6. “The Batter”, Sunrise Park – repainting and repair needed and then bi-annual cleaning.
7. “Wave Rhythms”, Sunrise Park: – bi-annual cleaning.
8. “R.Hero”, 300 Sunrise Way: - repair needed and then bi-annual cleaning.
9. “Monsieur Pompadour and Mademoiselle Coco” at Palm Springs Animal Shelter: repair needed and then bi-annual cleaning.
10. “Jungle Red”, Warm Sands and Ramon Road – bi-annual cleaning.
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04
11. “Intersecting Cubes”, 803 N. Palm Canyon Drive – bi-annual cleaning.
12. “Lucille Ball”, 100 N. Palm Canyon Drive – bi-annual cleaning and spot waxing.
13. “Chairman of the Links”, 124 S. Palm Canyon Drive: - bi-annual cleaning and repairs needed.
14. “Lawn Chair”, 1466 N. Palm Canyon Drive – bi-annual cleaning.
15. “Standing Woman”, 221 S. Palm Canyon Drive – repair needed and then biannual cleaning.
16. “Whirlwind VI”, Ruth Hardy Park – repair needed and then bi-annual cleaning.
17. “Nines and Elevens”, Demuth Park – repainting needed and then bi-annual cleaning.
.
18. John Clement Pieces: bi-annual cleaning o Red: “Butch”, 370 San Rafael Drive o Yellow: “Squeeze”, 538 N. Palm Canyon Drive
o Orange: “Ithiel”, 777 E. Tahquitz Canyon Way
19. Palm Springs Convention Center Pieces (277 North Avenida Caballeros):
o “A Personal History of Palm Springs” – bi-annual cleaning o “The Entertainer” – bi-annual cleaning
o “Sympatico” – bi-annual cleaning and annual waxing
o “Crouching Tiger” - bi-annual cleaning and annual waxing
20. Pieces at the Palm Springs International Airport (3400 Tahquitz Canyon Way):
o Four Chihuly glass pieces - bi-annual vacuuming and cleaning of work and vitrine to maintain quality and improve visual clarity. o Sonny Bono bust – bi-annual cleaning and waxing.
o John F. Kennedy bust bi-annual cleaning and waxing – current condition patina is in poor condition and will need review by conservator to determine repair and maintenance going forward. o “Balzac” by Christopher Georgesco – biannual cleaning and routine washing.
21. Additional Pieces
o City Hall Dog Park Gate/Fence
▪ “Desert Reflections” by Phil Evans – repair of welded elements and biannual cleaning.
o Jackie Lee Houston Plaza, Convention Center
▪ “Audry”, 2002 by John Kennedy – bi-annual cleaning.
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 o Palm Springs Library
▪ “RHero” (Red) by Karen & Tony Barone – bi-annual cleaning.
o Ruth Hardy Park
▪ “Whirlwind VI” by Gary Slater – bi-annual cleaning.
22. Art Cleaning Allowance – a cleaning allowance has been established that will be used solely at the discretion of the City to authorize additional art cleaning requests on an emergency type basis.
1.3 Compensation:
Work will be compensated on a lumpsum per piece basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope.
The Contractor may request monthly payments based on the work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
ITEM DESCRIPTION ANNUAL LUMP SUM
CLEANING/
MAINTENANCE
ONE TIME
RESTORATION
1 “Agua Caliente Woman”,
Intersection of Tahquitz
Canyon Way and Indian
Canyon Way
$2,335.00 $3,800.00
2 “Young Basketmaker”,
Intersection of Tahquitz
Canyon Way and Sunrise
$2,800.00
3 “Charlie Farrell”, Palm
Springs Airport entrance at El
Cielo and Tahquitz Canyon
Way, north side
$2,000.00 $3,800.00
4 “Help Is on The Way”, 200 S.
Civic Drive, in front of Palm
Springs Police Station
$2,400.00
5 “Machine Age, Forget me
Not, and Le Campas de
Vulcan”, along Kirk Douglas
Way, between Ramon Road
and Airport
$1,800.00
6 “The Batter”, Sunrise Park $1,000.00 $2,400.00
7 “Wave Rhythms”, Sunrise
Park
$2,400.00
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 8 “R.Hero”, 300 Sunrise Way
(PS Library)
$600.00 $700.00
9 “Monsieur Pompadour and
Mademoiselle Coco” 4575 E.
Mesquite Ave., Palm Springs
Animal Shelter
$900.00 $700.00
10 “Jungle Red”, Intersection of
Warm Sands and Ramon Road
$1,800.00
11 “Intersecting Cubes”, 803 N.
Palm Canyon Drive
$800.00
12 “Lucille Ball”, 100 N. Palm
Canyon Drive
$750.00
13 “Chairman of the Links”, 124
S. Palm Canyon Drive
$600.00 $895
14 “Lawn Chair”, 1466 N. Palm
Canyon Drive
$600.00
15 “Standing Woman”, 221 S.
Palm Canyon Drive
$675.00 $500.00
16 “Whirlwind VI”, Ruth Hardy
Park
$815.00 $3,800.00
17 “Nines and Elevens”, Demuth
Park
$3,000.00 $7,900.00
18 John Clement Pieces
18A Red: “Butch”, 370 San Rafael
Drive
$600.00
18B Yellow: “Squeeze” , 538 N.
Palm Canyon Drive
$800.00
18C Orange: “Ithiel”, 777 E.
Tahquitz Canyon Way
$900.00
19 Convention Center Pieces
19A “A Personal History of Palm
Springs”
$600.00
19B “The Entertainer” $595.00
19C “Sympatico” $595.00
19D “Crouching Tiger” $645.00
20 Palm Springs International
Airport Pieces
20A Four Chihuly glass pieces $1,200.00
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04 20B Sonny Bono bust $675.00
20C John F. Kennedy bust $675.00 *TBD –
Conservator to
review for
direction
20D “Balzac” by Christopher
Georgesco
$725.00
21 Additional Pieces
21A “Desert Reflections”, City
Hall Dog Park
$750.00 $1,400.00
21B “Audry”, Convention Center $600.00
22 Art Cleaning Allowance $4,000.00
Annual Total
Cleaning/Maintenance
$34,635.00
Three Year Total
Cleaning/Maintenance
$103,905.00
Year One Restoration total $25,000.00
Three-year
Cleaning/Maintenance and
One-time Restoration Total
Plus Allowance
*$129,800.00
*Cost for John F. Kennedy Bust to be restored to be determined at a later date and added to the cost of the one-time restoration
DocuSign Envelope ID: 36B89ADB-5B9E-4BC4-984A-004D397FDA04