HomeMy WebLinkAbout06267 - WILLIAM G. KILEINDIENST, ARCHITECT WELWOOD MURRAY MEMORIAL LIBRARY Qi
r
AMENDMENT NO. 5
AGREEMENT NO. 6267 —ARCHITECTURAL DESIGN SERVICES
THIS FIFTH AMENDMENT ("Fifth Amendment") to Agreement No. 6267 for
Architectural Design Services services, (herein "Amendment") made and entered into
on the 1st day of October, 2014, by and between the CITY OF PALM SPRINGS (herein
"City") and William G. Kleindienst, a Sole Proprietor and licensed professional architect
("Architect"), as follows:
RECITALS
A. City and Architect entered into the Agreement on August 17, 2012 for space
utilization studies described in a Proposal from the Architect dated August 14, 2012
("Original Proposal") and attached to the Agreement as a part of Exhibit "A" of the
Agreement entitled "Consultant's Scope of Services/Work."
B. The parties wish to amend the Agreement to add construction administrative,
structural design and interior design services.
NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows:
Section 1.
Add additional services as outlined in ASR-7 (Additional Service Request) dated
September 15, 2014 for Structural Engineering and Interior Design service extras; add
$6,863.76.
Section 2.
Add additional services as outlined in ASR-8 (Additional Service Request) dated
September 15, 2014 for increase construction administration phase services for the
architect; add $4,800.
Section 3.
Full Force and Effect: Except as previously modified herein, all other provisions of the
Agreement shall remain unmodified in full force and effect.
Page 2
Amendment No. 5 To Agreement No. 6267
IN WITNESS WHEREOF, the parties have executed and entered into the Amendment
as of the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
B By�
ity Clerk City Manager
APPROVED A TO FORM:
APPRO''En Ey njr(r^I' ;Cn
---� e1
By:
/&/
City Attorney
CONSULTANT:
By:
William G. Kleindienst, Architect
Name:
Title:
AMENDMENT NO. 4
AGREEMENT NO. 6267 —ARCHITECTURAL DESIGN SERVICES
THIS FOURTH AMENDMENT ("Fourth Amendment") to Agreement No. 6267 for
Architectural Design Services services, (herein "Amendment") made and entered into
on the 7th day of November, 2013, by and between the CITY OF PALM SPRINGS
(herein "City") and William G. Kleindienst, a Sole Proprietor and licensed professional
architect ("Architect"), as follows:
RECITALS
A. City and Architect entered into the Agreement on August 17, 2012 for space
utilization studies described in a Proposal from the Architect dated August 14, 2012
("Original Proposal") and attached to the Agreement as a part of Exhibit "A" of the
Agreement entitled "Consultant's Scope of ServicesNVork."
B. The parties wish to amend the Agreement to add services related to interior design
and landscape design.
NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows:
Section 1.
1. Add additional landscape and exterior design services as outlined in ASR-3
(Additional Service Request) dated October 30, 2013, copy attached, for a total
fee increase of$12,800.
2. Add the services of an Interior Designer, per ASR-4 dated November 14, 2013,
copy attached, to this Architect's Agreement in an amount not to exceed
$30,000.
Section 2.
Full Force and Effect: Except as previously modified herein, all other provisions of the
Agreement shall remain unmodified in full force and effect.
ORIGINAL BID
A 4010R AGREEMF,&4T
Page 2
Amendment No. 4 To Agreement No. 6267
IN WITNESS WHEREOF, the parties have executed and entered into the Amendment
as of the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
ty Clerk City Manager
APPROVED AA TO FORM: APPROVED BY C;Ti
�� 11.1,•8ou �I�__�.� ab�
By: /ll
City Attorney
CONSULTANT:
By. .
l
William G. Kleindienst, Architect
Name: William G. Kleindienst
Title: Architect
2
G. KLEINDIENST,ARCHITECT
963 Mira
963 Mira Grande
Palm Springs, CA 92262-1211
760-831-6777
November 14, 2013
Al Smoot Re: Additional Service Request -ASR-4
Assistant City Manager Professional Interior Designer
City of Palm Springs Welwood Murray Memorial Library (WMML)
3200 E. Tahquitz Canyon Way City of Palm Springs PO No.: 3-0432
Palm Springs, CA 92262 WGK Project No: 120801
Dear Mr. Smoot,
I am pleased to provide you with this proposal for additional consulting services due to changes in the
SCOPE OF WORK requesting a Professional Interior Designer.
The Architect will attend interviews of potential Interior Designers with the PS Public Library (PSPL)
sub-committee. The PSPL will make the selection.
INTERIOR DESIGN
The following is to be performed by the Professional Interior Designer:
1. Fixtures, Furniture and Equipment (FF&E) selection and/or design
2. Interior room signage, window coverings, finishes and colors
3. Millwork and cabinet design, including review of Cabinet Shop Drawings
4. Lighting Fixture Selections
5. Staff Kitchen and Restroom Design
6. Design and construction drawings
7. Preparation of Purchase Orders (PO) and tracking of orders.
8. Assist Procurement in the biding and/or sole sourcing contracting
9. Oversee installation, placement and compliance with design
ADDITIONAL SERVICE REQUEST: ASR4
The services described above will be performed for a NOT TO EXCEED SUM of:
THIRTY THOUSAND DOLLARS ($30,000.00)
Al, I trust that the above proposal for ASR-4 meets with your approval. Please provide your acceptance
and approval of this service and the fee by signing below.
Sincerely, ACCEPTED and APPROVED:
William G. Kleindienst, Architect Al Smoot
CA License No.C13125 Assistant City Manager
Date:
G. KLEINDIENST,ARCHITECT
963 Mira
963 Mira Grande
Palm Springs, CA 92262-1211
760-831-6777
November 14, 2013
Al Smoot Re: Additional Service Request-ASR-4
Assistant City Manager Professional Interior Designer
City of Palm Springs Welwood Murray Memorial Library (WMML)
3200 E. Tahquitz Canyon Way City of Palm Springs PO No.: 3-0432
Palm Springs, CA 92262 WGK Project No: 120801
Dear Mr. Smoot,
I am pleased to provide you with this proposal for additional consulting services due to changes in the
SCOPE OF WORK requesting a Professional Interior Designer.
The Architect will attend interviews of potential Interior Designers with the PS Public Library (PSPL)
sub-committee. The PSPL will make the selection.
INTERIOR DESIGN
The following is to be performed by the Professional Interior Designer:
1. Fixtures, Furniture and Equipment (FF&E) selection and/or design
2. Interior room signage, window coverings, finishes and colors
3. Millwork and cabinet design, including review of Cabinet Shop Drawings
4. Lighting Fixture Selections
5. Staff Kitchen and Restroom Design
6. Design and construction drawings
7. Preparation of Purchase Orders (PO) and tracking of orders.
8. Assist Procurement in the biding and/or sole sourcing contracting
9. Oversee installation, placement and compliance with design
ADDITIONAL SERVICE REQUEST: ASR-4
The services described above will be performed for a NOT TO EXCEED SUM of:
THIRTY THOUSAND DOLLARS ($30,000.00)
Al, I trust that the above proposal for ASR-4 meets with your approval. Please provide your acceptance
and approval of this service and the fee by signing below.
Sincerely, ACCEPTED and APPROVED:
N-4S46. <1a;4.0" !�E
William G. Kleindienst, Architect Al Smoot
CA License No.C13125 Assistant City Manager
Date:
Mira G.KLEINDIENST,ARCHITECT
983 Mira
963 M Grande
Palm Springs,CA M262-1211 76"31-6M LUi3 23 i h ' 2D
September 25, 2013
AI Smoot
Assistant City Manager C/A,
City of Palm Springs Y q�
3200 E. Tahquitz Canyon Way s .Q9,
� j�
Palm Springs, CA 92262
Re: Welwood Murray Memorial Library(WMML) c/ �FpgC�j '
City of Palm Springs PO No.: 3-0432 s'°R//��s
WGK Project No: 120801
Dear Mr. Smoot,
This letter is to serve as my notification that I am rescinding my LETTER OF RESIGNATION dated
September 17, 2013.
After discussions with members of the city staff and the Sub-Committee, I am prepared to resume the
work until completion of the WMML Project. 1 will continue to work with you in revising the Project
Schedule as needed to track the work flow.
I am attaching the executed CONTRACT EXTENSION and ASR-2 as per your request.
Your patience, support and assistance were greatly appreciated.
Sincerely,
William G. Kleindienst, Architect
CA License No.C13125
WILLIAM G.KLEINDIENST,ARCHITECT
963 Mira Grande '
Palm Springs,CA 92262-1211
760-631-6777
September 17, 2013
Al Smoot
Assistant City Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Welwood Murray Memorial Library(WMML)
City of Palm Springs PO No.: 3-0432
WGK Project No: 120801
Dear Mr. Smoot,
The Welwood Murray Memorial Library (WMML) is one of the most valued and historic buildings in the
City of Palm Springs. The City Council's assigned me the challenge of creating a design solution for the
practical and legal use of this neglected Class 1 Historic Building.
After a long, lengthy and detailed Needs Assessment Analysis and the development of a Space Plan this
office was proud to secure the approval from all of the review boards. Every suggestion offered or revision
requested was incorporated into the design. The Project Sub-Committee, the Palm Springs Library Board
and the Historic Site Preservation Board all gave their unanimous consent for the design as submitted.
Each Stakeholder was solidly behind the design, Council's efforts and the opportunity offered to house
their new place of operations.
As the Architect of record I was very proud of that accomplishment.
This project is one of the most exciting opportunities for Palm Springs, and I have been honored to assist
my city in recapturing and revitalizing the WMML.
I have been working to continue to provide the city with the highest caliber professional service, while
attempting to keep this project on schedule and juggling other office and personal demands. With the
recent lapsing of my contract I am notifying you and the city that I am unable to execute the Contract
extension at this time. This letter is to serve as my Letter of Resignation.
I will assist you in the transfer of this project and the active files to the Architectural firm of your choice
once we have established a close-out of my work. It has been a difficult decision, but I feel that it is best
for all parties involved.
Sincerely,
t:
William G. Kleindienst, Architect
CA License No.C13125
AMENDMENT NO. 3
AGREEMENT NO. 6267—ARCHITECTURAL DESIGN SERVICES
THIS THIRD AMENDMENT ("Third Amendment") to Agreement No. 6267 for
Architectural Design Services services, (herein "Amendment") made and entered into
on the 30 day of May, 2013, by and between the CITY OF PALM SPRINGS (herein
"City") and William G. Kleindienst, a Sole Proprietor and licensed professional architect
("Architect"), as follows:
RECITALS
A. City and Architect entered into the Agreement on August 17, 2012 for space
utilization studies described in a Proposal from the Architect dated August 14, 2012
("Original Proposal") and attached to the Agreement as a part of Exhibit "A" of the
Agreement entitled "Consultant's Scope of Services/Work."
B. The parties wish to amend the Agreement to add services related to electrical panels
and exterior modifications not previously envisioned in the project.
NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows:
Section 1.
Add additional services as outlined in ASR-2 (Additional Service Request) dated August
19, 2013 for a total fee increase of$13,900.00, copy attached.
Section 2.
Full Force and Effect: Except as previously modified herein, all other provisions of the
Agreement shall remain unmodified in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into the Amendment
as of the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By:
Clerk
City Manager
APPROVED BY CITY iCiii'. ORIGINAL BID
( .& .0 & P\6�61 AXWOR AGREEMENT
Page 2
Amendment No. 3 To Agreement No. 6267
APPROVED AS TO FORM:
By: �plti�t/i
City Attorney
CONSULTANT:
By: 4
9--
William G. Kleindienst, Architect
Name: William G. Kleindienst
Title: Owner/Architect
2
r
August 19, 2013
AI Smoot
Assistant City Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Additional Service Request -ASR-2
Change in the Scope of Work
Welwood Murray Memorial Library (WMML)
City of Palm Springs PO No.: 3-0432
WGK Project No: 120801
Dear Mr. Smoot,
I am pleased to provide you with this proposal for additional services due to SCOPE OF WORK
increases and required DRAWING CHANGES. These increases include the following:
BUILDING ENVELOPE $ 8,800.00
The original SCOPE OF WORK of the WMML remodel was limited to the interior of the
building only. The following design changes require work to include the building envelope:
1. Design new exterior Electrical Closet and exterior walls on east elevation.
2. Flat roof patching due to numerous penetrations scheduled to be removed.
3. The work requested on the existing door and sidelights in the Administrative Offices
4. The re-paint of the entire exterior of the building
ADDITIONAL SERVICES: Design, Construction Documents, Specifications, Bidding, Plan
Check and Construction Administration
ELECTRICAL SERVICE $4,200.00
The original SCOPE OF WORK of the WMML remodel was limited to only the building's
electrical needs. The as-built drawings provided by the City did not accurately depict the
location of the existing electrical service equipment The REVISED Schematic Plans require
a relocation, reconfiguration and redesign of the electrical equipment. Additionally, existing
meter demands and switchgear currently provide electrical service beyond the building's
needs. This entails modifications to the existing exterior walls and has created additional
work for the Electrical Engineer and Architect. New custom designed electrical gear is
required.
1. Design of a new Electrical Closet
2. Design of new electrical equipment, meter boxes and switchgear
3. Design of new electrical equipment to service off-site city traffic signal
4. Design of new electrical equipment to service off-site city castle banner street lighting
ADDITIONAL SERVICES: Consultant Work and Coordination, Design, Construction
Documents, Specifications, Plan Check, Bidding and Construction Administration
City of Palm Springs WMML-ADDITIONAL SERVICE REQUEST:ASR-2 August 19,2013
DRAWING CHANGES:DEMOLITION DRAWINGS $900.00
The DEMOLITION DRAWINGS were completed by the ARCHITECT during the DESIGN
DEVELOPMENT(DD)phase.Subsequently,a COST ESTIMATE was prepared based on these
drawings. Recently,the City of Palm Springs staff preformed on-site demolition in the BASEMENT,
RESTROOMS and COURTYARD AREA that required two actions by the ARCHITECT:
1. On-site visit to review and record the areas noted above and take photographs of the actions in the
areas of work to adjust the drawings
2. Revisions to the DEMOLITION DRAWINGS were performed to represent the SCOPE OF WORK
for bidding and construction.
ADDITIONAL SERVICES: Construction Documents
ADDITIONAL SERVICE REQUEST: ASR-2
The services described above will be performed for a FIXED FEE of:
THIRTEEN THOUSAND NINE-HUNDRED DOLLARS ($13,900.00)
Al, I trust that the above proposal for ASR-2 meets with your approval. Please provide
your acceptance and approval of this service and the fee by signing below.
Sincerely, ACCEPTED and APPROVED:
William G. Kleindienst, Architect AI Smoot
CA License No.C13125 Assistant City Manager
Date: August 19, 2013
WILLIAM G.KLEINDIENST,ARCHITECT
963 Mira Grande, Palm Springs,CA 92262-1211 P:760-831-6777 E: WILLKAIACa?aol.com 2
AMENDMENT NO. 2
AGREEMENT NO. 6267—ARCHITECTURAL DESIGN SERVICES
THIS SECOND AMENDMENT ("Second Amendment") to Agreement No. 6267 for
Architectural Design Services services, (herein "Amendment") made and entered into
on the 30 day of May, 2013, by and between the CITY OF PALM SPRINGS (herein
"City") and William G. Kleindienst, a Sole Proprietor and licensed professional architect
("Architect"), as follows:
RECITALS
A. Cityand Architect entered into the Agreement on August 17, 2012 for space
9
m
utilization studies described in a Proposal from the Architect dated August 14 2012
("Original Proposal") and attached to the Agreement as a part of Exhibit "A" of the
Agreement entitled "Consultant's Scope of Services/Work."
B. The parties wish to amend the Agreement to extend the overall contract period, as
there have been delays beyond the Architect's control and additional time is needed for
completion of this project.
NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows:
Section 1. Section 4.4 Term, is hereby amended to reflect "a contract end date of
August 31, 2014".
Section 2.
Full Force and Effect: Except as previously modified herein, all other provisions of the
Agreement shall remain unmodified in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into the Amendment
as of the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
V:
e
rk )o�c�� �ar--5 City Manager
APPROVED BY CITY MANAGER
ww\ 1'1 (K\C'�,01\Ot\____��A���� A DIOR AGREEMENT
Page 2
Amendment No. 2 To Agreement No. 6267
APPROVED S TO FORM:
By:
_ 44al�z
City Attorn y
CONSULTANT:
By: ,
William G. Kleindienst, Architect
Name: William G. Kleindienst
Title: Owner/Architect
2
AMENDMENT NO. 1
AGREEMENT NO. 6267 —ARCHITECTURAL DESIGN SERVICES
THIS FIRST AMENDMENT ("First Amendment") to Agreement No. 6267 for
Architectural Design Services ("Agreement"), is made and entered into on the 7th day of
November, 2012, by and between the CITY OF PALM SPRINGS (herein "City") and
William G. Kleindienst, a Sole Proprietor and licensed professional architect
("Architect"), as follows:
RECITALS
A. City and Architect entered into the Agreement on August 17, 2012 for space
utilization studies described in a Proposal from the Architect dated August 14, 2012
("Original Proposal") and attached to the Agreement as a part of Exhibit "A" of the
Agreement entitled "Consultant's Scope of Services/Work."
B. The parties wish to amend the Agreement to provide for architectural design
services for the preparation of plans, specifications, and construction drawings and
related professional architectural services for the completion of the Welwood Murray
Memorial Library remodel project in a manner generally consistent with the Space Plans
attached to this First Amendment as Attachment 1.
NOW, THEREFORE, for good and sufficient consideration, the parties agree as follows:
Section 1. The original scope of work as outlined the Original Proposal and attached to
Exhibit A of the Agreement is hereby labeled and described as "Phase 1 Scope of
ServicesiWork."
Section 2. Phase 2 Scope of Services/Work is hereby added to Exhibit A of the
Agreement to read:
Phase 2
Scope of Services/Work
1. Project Description:
The City of Palm Springs (CITY) is intending to remodel the building interiors and the
exterior courtyard of the Welwood Murray Memorial Library (WMML), a Class 1
Historic Site. This remodel will include upgrades to the mechanical, electrical and
plumbing systems of the existing building. The WMML will undergo an interior
remodel with new interior finishes as generally depicted in Attachment 1. There are
no architectural modifications made to the existing building.
CF tt i i_
; iu
Page 2
Amendment No. 1 To Agreement No. 6267
The remodeled WMML will serve the citizens and visitors of Palm Springs with
Library Services and Visitor Information. The Palm Springs Historical Society (a
Private 501-C-3 Organization) will house their archival collection and provide
research services to the public.
A multi-purpose room will offer meeting and lecture opportunities to the building's
stakeholders as well as to the public at large.
2. Professional Services Included in this Phase 2:
2.1 Architectural
2.2 Mechanical, Electrical and Plumbing Engineering (MEP). The initial amount of
$2,800 will be paid directly to the MEP Engineer under an existing Purchase Order
for the work and is outside the contract amount.
2.2.1 New HAVC Systems
2.2.1 New Electrical System, including main electrical panel
2.2.3 New domestic water system and revised sewer lines for new needs
2.3 Interior Design
2.3.1 Review the furniture, fixtures and finishes with the HSPB
2.4 Landscape Architecture
2.4.1 Limited to the courtyard only
2.5 Cost Estimating
2.6 Civil Engineering
2.6.1 Limited to the courtyard only
2.7 Coordination of Security Systems
2.7.1 Coordinate with private security provider
2.7.2 Coordinate with the PS Police Department surveillance camera network
in courtyard
3. Review Members
The review and approval process shall include the following Governing Bodies, City
Boards and/or Stakeholders. Meetings shall be with each entity's appointed
representative(s), staff or the entire body as needed and required.
3.1 Palm Springs City Council
3.2 Palm Springs Historic Site Preservation Board (HSPB)
3.3 Palm Springs Public Library (PSPL) Board
3.4 Palm Springs Historical Society (PSHS)
3.5 Palm Springs Bureau of Tourism (PS BOT)
3.6 Palm Springs Architectural Advisory Committee (AAC) and/or Planning Staff
3.6.1 This review is limited to the Landscape Design of the courtyard only
4. Scope of Work
4.1.As-Built Drawings: Work completed and compensated under previous
phase/purchase order.
4.2.Schematic Design (SC)
2
Page 3
Amendment No. 1 To Agreement No. 6267
This set of drawings adjusts the Space Plan as required by the As-Built
drawings. The input of the Interior Designer and Landscape Architect will be
included.
4.2.1. First Floor Plan
4.2.2. Basement Floor Plan
4.2.3. Preliminary Site Plan - Courtyard Design
4.2.4. Interior Perspective of the Main Library Space and Lobby
4.2.5. Cost Estimate at 90% of Completion
4.2.6. City Review and Approval (Prior to Commencement of Work under
Sections 4.4 and 4.5 below.)
4.3.Design Development (DD)
Refine and enrich the building design with input from engineers and consultants
during this phase.
4.3.1. Architectural design
4.3.2. Mechanical, Electrical and Plumbing (MEP) systems
4.3.3. Landscape Design of Courtyard
4.3.4. Interior Design
4.3.5. Civil Engineering
4.3.6. Security System
4.4.Construction Documents (CD)
Prepare Construction Documents for the construction of the project. Integrate
the mechanical, electrical, plumbing, security and other building systems into the
architectural envelope. Coordinate with the system designers, consultants and
engineers to insure a fit within the building.
4.4.1. Architectural Drawings
4.4.2. MEP Engineering Drawings
4.4.3. Landscape Drawings
4.4.4. Interior Design Drawings
4.4.5. Civil Engineering
4.4.6. Security Design
4.4.7. Specifications !General Notes
4.4.8. General Conditions prepared by CITY
4.4.9. Cost Estimate at 75% of Completion
4.5.Biddinq
Assist the CITY during the BIDDING process.
4.5.1. Prepare Bidding Documents with PS Procurement Department
4.5.2. Perform Mandatory Pre-Bid walk with Bidders
4.5.3. Respond to Pre-Bid Requests for Information (RFI)
4.5.4. Prepare Addenda as needed
4.5.5. Attend bid opening
4.5.6. Assist CITY in bidding process
4.6.Permitting
3
Page 4
Amendment No. 1 To Agreement No. 6267
The project will require approved plan check and building permits from PS
Building Department
4.6.1. Submit CDs to Palm Springs Building Department for plan check review.
4.6.2. Plan check fees by CITY
4.6.3. Prepare plan check revisions for re-submittal
4.6.4. Complete plan check as necessary for building permit
4.6.4.1. Building permit pulled by General Contractor
4.6.4.2. Permit fees by CITY
4.7.Construction Administration (CA)
As your representative, we will observe the progress of construction for
conformance with the drawings and specifications, and provide clarifications to
our drawings, as needed. Review the Contractor's Requests for Payment
verifying the bill is accurate. Review general construction progress for
conformance to budget and schedule.
4.7.1. Perform Pre-Construction Meeting
4.7.2. Perform Construction Meetings
4.7.3. Perform On-Site Visits
4.7.4. Review and Approve Submittals
4.7.5. Prepare Clarification Drawings as needed
4.7.6. Review Change Orders
4.7.7. Review General Contractor Pay Requests
4.7.8. Prepare a "Punch List"
4.7.9. Perform project Close Out
5. Assumptions
The following are to be considered part of this proposal:
5.1.The CITY has designated the WMML as a Class 1 Historic Site.
5.2.Presentations, meetings and approvals are limited to the Review Members listed
in Section 3 (above).
5.3.Remodeling is limited to the building interior only.
5.4.Existing building conditions:
5.4.1. These services are the responsibility of the CITY (work by others) and
shall not be a part of this Contract, or the responsibility of the
ARCHITECT. The CITY will conduct this abatement and demolition work
prior to the commencement of the ARCHITECT's work.
5.4.1.1 The existing ceilings in the vaulted space of the Main Library
and the Cornelia White Room (Multi-Purpose Room) require
asbestos abatement services.
5.4.1.2 Demolition of existing bookcase
5.4.1.3 Removal of existing carpeting throughout
5.4.2. The building will require new air conditioning systems throughout.
5.4.3. The existing electrical service panel will require replacement. The Scope
of Work shall include new or replacement lighting fixtures, electrical outlets
and switching.
4
Page 5
Amendment No. 1 To Agreement No. 6267
5.4.4. The domestic water system will require replacement throughout the
building.
5.5.The CITY, and the Palm Springs Building and Fire Departments have reviewed
the existing building to determined the following:
5.5.1. Existing ADA building access, currently provided via the ADA compliant
doorway located on the building's south elevation in the Courtyard, meets
the ADA Access needed. The CITY has accepts this doorway as the
approved ADA Entry and path of travel. Neither the Main Entry nor the
Meeting Entry will require any ADA modifications.
5.5.2. ADA upgrades are limited to building's interior circulation
5.5.3. Public Restroom requirements for the users of the WMML are to be
provided via the neighboring Wessman Building. No additional restroom
facilities are required.
5.5.4. There is no requirement for a Fire Sprinkler System in the WMML
5.5.5. There is no requirement for a Structural Analysis of the building.
5.5.6. There is no requirement for a Historical Architectural Consultant.
5.5.7. This is not a USGBC LEED Certified project
6. Excluded Services, unless included as Additional Services as
The following services are not included as a part of this proposal:
6.1. Meetings with groups, organizations or persons not noted in the list of Review
Members in Section 3 (above)
6.2. Additional Architectural renderings or presentation quality drawings
6.3. USGBC LEED Certification
6.4. Changes requested by the CITY after the Schematic Phase is approved
7. Fee
Architectural Services described in the Scope of Work shall be provided for a FIXED
FEE of: SEVENTY-THREE THOUSAND, FOUR HUNDRED AND FIFTY DOLLARS
($73,450.00). In the event the City does not award a construction contract for the
construction of the work for any reason at the completion of the bidding process as
described in Section 4.6 of the Phase 2 Scope of Services/Work, the FIXED FEE
amount shall be reduced to FIFTY-FOUR THOUSAND, SEVEN HUNDRED
DOLLARS ($54,700.00) and Architect shall be relieved of his obligation to perform
the services described in Sections 4.7 and 4.8 of this Phase 2 Scope of
Services/Work.
THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS PHASE 2
SCOPE OF SERVICES OF THE AGREEMENT IS THE FIXED FEE AMOUNT AS
PROVIDED IN THIS SECTION 7 OF THE PHASE 2 SCOPE OF SERVICES. IF
THE CITY'S MAXIMUM OBLIGATION IS REACHED BEFORE THE ARCHITECT'S
SERVICES UNDER THIS PHASE 2 OF THE SCOPE OF SERVICES ARE
COMPLETED, ARCHITECT WILL NEVERTHELESS COMPLETE THE SERVICES
WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND
THE MAXIMUM AMOUNT.
5
Page 6
Amendment No. 1 To Agreement No. 6267
Section 3. As provided in Section 3.3 of the Agreement, any change or changes in the
scope of work shall require an amendment to the Agreement. Any request for additional
work outside of and not included within the Phase 2 Scope of ServicesNVork shall also
require an amendment to the Agreement.
Section 4. The City will pay up to One Thousand Five Hundred Dollars ($1,500) for all
reimbursable expenses, which may include reproductions, printing, or other
miscellaneous costs approved by the Contract Officer. Any increase in the amount for
reimbursable expenses shall require an amendment to the Agreement.
Section 5. This First Amendment is also governed by the terms of the Purchase Order
as provided in Attachment 2 to this First Amendment.
Section 6. Except as previously modified herein, all other provisions of the Agreement
shall remain unmodified in full force and effect.
SIGNATURES ON FOLLOWING PAGE
6
Page 7
Amendment No. 1 To Agreement No. 6267
IN WITNESS WHEREOF, the parties have executed and entered into the Amendment
as of the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By:_. B '
City Clerk i 2(«�zo�L City Manager
APPROVE TO�F�OR�M:
APPROVED BY CITY COUNCIL
By.
City Attomey
ARCHITECT:
By:
William G. Kleindienst, Architect
Name: William G. Kleindienst
Title: Owner/Architect
7
Page
Amendment No. , 2 Agreement om 6267
ATTACHMENT "1'
October 17, 2012
SPACE PLANS
. , , ,
e
\
INEW
. _� .
FLOOR PLAN:MAIN_FLOW_
_FLU_:____ __ , - w
8
Page 9
Amendment No. 1 To Agreement No. 6267
ATTACHMENT s 2"
September 17, 2012
City of Palm Springs Purchase Order (PO) No. 13-0432
Purchase Order
-'.�J" '.' ••••."®' vunceuse onceanwnnxocaxonioxs _ _
x.
OONFRMINrOADrR
„m,.m�......m... ,...e,.a....,...�..,.....a...,......e
DO NOT DUPUI
9
Page 10
Amendment No. 1 To Agreement No.6267
10
Page 11
Amendment No. 1 To Agreement No. 6267
11
CONSULTING SERVICES AGREEMENT
William G. Kleindienst
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement') is made and
entered into on August 17, 2012, by and between the City of Palm Springs, a California charter
city and municipal corporation ("City"), and William G. Kleindienst, a Sole Proprietor ,
("Consultant'). City and Consultant are individually referred to as "Party" and are collectively
referred to as the "Parties".
RECITALS
A. City requires the services of a Consultant, for interior space planning of the
Welwood Murray Memorial Library, ("Project').
B. Consultant has submitted to City a proposal to provide Architectural Design
Services, to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Architectural Design, services to 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. Consultant 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 terns set forth in this Agreement
shall govern.
1.2 Compliance with Law. Consultant 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. Consultant 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.
ORIGINAL BID
A[ZD/OR AGREEMMT
1 Revised:6/16/10
720599.1
1.4 Familiarity with Work. By executing this Agreement, Consultant 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 Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant 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 Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant 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 $8,000.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant 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 Consultant for all expenses stated in the invoice
that are approved by City and consistent with this Agreement, within thirty (30) days of receipt
of Consultant'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 Consultant'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.
2 Revised:6/16/10
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 Consultant, if Consultant 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 Consultant 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 for a period of one year,
commencing on August 17, 2012 and ending on August 16, 2013, 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 Consultant. Where
termination is due to the fault of Consultant 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, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant 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. Consultant may
terminate this Agreement, with or without cause, upon thirty(30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: William G. Kleindienst. 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 Consultant and devoting sufficient time to personally supervise the
services under this Agreement. The foregoing principal may not be changed by Consultant
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"). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
3 Revised:6/16/10
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 Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant 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 Consultant, its agents or employees, perform
the services required, except as otherwise specified. Consultant 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 Consultant's work product,
result, and advice. Consultant 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. Consultant agrees to assign the following individuals to perform the
services in this Agreement. Consultant 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
Consultant by providing written notice to Consultant.
Name: Title:
William G. Kleindienst, Architect Sole Proprietor
6. INSURANCE
Consultant 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, Consultant shall
defend (at Consultant'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 (Consultant's employees included), for
damage to property, including property owned by City, from any violation of any federal, state,
4 Revised:6/16/10
720599.1
or local law or ordinance, and from errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant'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 Consultant's indemnification obligation or other liability
under this Agreement. Consultant'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
parry Indemnified Parties not otherwise a party to this Agreement.
7.2 Desi¢n Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8,then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually "Indemnified Party'; collectively "Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or
death of persons (Consultant's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the negligence, recklessness or willful misconduct of
Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-
design-professional sub-contractors, used or sub-contracted by Consultant to perform the
Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be
required by Contract Officer.
8. RECORDS AND REPORTS
8.1 Reports. Consultant 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.
720599.1 5 Revised:6/16110
8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant
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 Consultant in the performance of this Agreement
shall be the property of City. Consultant shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. Consultant 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. Consultant may retain copies
of such documents for Consultant's own use. Consultant 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 Consultant 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. Consultant shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant 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 Consultant 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.
720599.1 6 Revised:6116/10
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 Consultant. 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-DISCRIMINATION
10.1 Non-Liability of City Officers and Emnlovees. No officer or employee of City
shall be personally liable to the Consultant, 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 Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. No officer or employee of the City shall have any direct or
indirect financial interest in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects their financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. 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.
10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, national origin, or ancestry.
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.
720599.1 7 Revised:6/15/10
To City: City of Palm Springs
Attention: City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: William G. Kleindienst
963 Mira Grande, Palm Springs Calif. 92262
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 Severabilitv. 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.
11.8 Authori . 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.
8 Reviwd:6/16/10
720599.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
c� City of PalmSprings n
Date: U-�D (71 B MrmkA iX
David H.Rea
City Manager APPROVED BY CU MANAGER
f\�-�k1a�D°— U�bab1
APPROVED AS TO FORM: ATTEST
�v/D/o�vuglas�CjIloltand, James Thompson;
City Attorney City Clerk
"CONSULTANT"
William G.Kleindienst,Architect
Date: By
William G. Kleindienst
Sole Proprietor
Date:
720599.1 Revi4etl'.&18110
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
10 Revised:6/16110
720599.1
Scope of Services: Consultant to provide Architectural Design services for the Welwood
Murray Memorial Library Project as outlined in the Consultant's Proposal attached.
Timeline: See attached preliminary schedule. Note that the time line may change based on
availability of players schedules.
Fees: See attached consultant proposal.
1 I Revised:6/16110
720599.1
WILLIAM G.KLEINDIENST,ARCHITECT
963 Mira Grande
Palm.Springs,CA 92 262-1 21 1
760-831-6777
August 14, 2012
At Smoot
Assistant City Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Proposal for Space Utilization Studies(SUS)
Welwood Murray Memorial Library(WMML)
WGK Project No: 120801
Dear Mr. Smoot,
Based on the scoping meeting held on Thursday, August 9, 2012 at City Hall and the materials
provided, it is my understanding that City of Palm Springs is undertaking an interior remodel of
the Welwood Murray Memorial Library (WMML).
This is the First Phase of work to remodel and re-open the WMML located at 100 South Palm
Canyon Drive in Downtown Palm Springs.
The following is my proposal for Architectural Services for the above referenced projects.
1. Project Description:
The City of Palm Springs (CITY) has determined the Welwood Murray Memorial Library
(WMML), a Class 1 Historic Site, requires remodeling of its interiors.ARCHITECT to compile
input from stakeholders and prepare a Findings Report and Space Plan for the proposed
interior remodel.
The Project Sub-Committee (PSC), whose appointed members are from the Palm Springs
City Council (PSCC) and the Palm Springs Public Library (PSPL) Board of Trustees (BOT),
shall review, revise and approve the input of the Stakeholder Committee (SC). The
Stakeholder Committee, comprised of a number of organizations listed in Section 3, will
provide input to the remodeling process. These organizations will become service-providers
at the WMML.
The resulting Findings of the Project Sub-Committee and Stakeholder Committee will be the
determinants used for the Space Utilization Studies (SUS) of the WMML. A small "for profit"
Library-related gift shop is to be included in the SUS.
The SUS will require review and approval from the Palm Springs Library Board, Historic Site
Preservation Board (RSPB) and final approval by the Palm Springs City Council.
City of Palm Springs WELWOOD MURRAY MEMORIAL LIBRARY-SPACE UTILIZATION STUDIES August 14,2012
2. Project Sub-Committees (PSC) Members
2.1 Councilmember Chris Mills (PSCC)
2.2 Councilmember Paul Lewin (PSCC)
2.3 Library Board Member David Gray (PSPL)
2.4 Library Board Member Willison (PSPL)
3. Stakeholder Committee (SC) Members
The following organizations are authorized stakeholders and approved to participate in the
remodeling process. Each organization shall appoint a representative(s)to this committee.
3.1 Palm Springs Historical Society
3.2 Palm Springs Bureau of Tourism
3.3 Agua Caliente Cultural Museum
3.4 Palm Springs Art Museum
3.5 Palm Springs Air Museum
4. Scope of Work
4.1. As-Built Drawings
4.1.1. The CITY will provide ARCHITECT with as-built drawings
4.1.2. ARCHITECT will field verify accuracy of the as-built drawings in areas of work
4.1.3. Additional as-built drawings are not required in this phase of work
4.2. Needs AssessmenttProg ramming
4.2.1. Meet with PSC to validate process
4.2.2. Meet with SC members individually to establish requirements and contributions
4.2.2.1 Establish spatial requirements; public and secured areas
4.2.2.2 Determine Furniture, Fixture and Equipment(FIFE) needs
4.2.2.3 Review electrical, HVAC, security and data needs
4.2.2.4 Quantify staffing provided
4.2.3. Prepare Findings
4.2.4. Confirm Findings with PSC
4.2.5. Present Findings to each member of the SC separately
4.2.6. Present Final Report to full SC; secure their support
4.3. Space Planning - Floor Plan Only
4.3.1. Prepare Preliminary Space Plan
4.3.2. Review Space Plan with PSC; secure their support prior to review by SC
4.3.3. Present PSC approved Space Plan to full SC; secure their support prior to review
by others
4.4. Palm Springs Public Library Board of Trustees
4.4.1. Submit Space Plan to PSPL BOT
4.4.2. Respond and revise as needed
4.5. Historic Site Preservation Board
4.5.1. Submit Space Plan to HSPB
4.5.2. Respond and revise as needed
WILLIAM G.KLEINDIENST,ARCHITECT RLTI
963 Mira Grande, Palm Springs, CA 92262-1211 P:760-831-6777 E: WILLKAIA@aol.com 2 ffg
City of Palm Springs WELWOOD MURRAY MEMORIAL LIBRARY-SPACE UTILIZATION STUDIES August 14,2012
4.6. Palm Springs City Council
4.6.1. Submit Findings Report and Space Plan to PSCC
4.6.2. Secure PSCC Final Approval
5. Assumptions
The following are a part of this proposal:
5.1. The WMML is a Class 1 Historic Site
5.2. Informational meetings and interviews are limited to the PSC and SC.
5.3. Presentations and approvals are limited to PSPL BOT, HSPB and PSCC.
5.4. Remodeling is limited to the building interior only; no changes to building exterior.
5.5. ADA upgrades limited to interior circulation and a single unisex ADA public restroom
5.6. Mechanical, Electrical and Plumbing (MEP) design by MRC Engineering
5.7. Asbestos abatement work by others
5.8. The CITY will be conducting demolition during this SUS process
6. Excluded Services, unless included as Additional Services
The following services are not included as a part of this proposal:
6.1. Meetings with other groups, organizations or persons not noted
6.2. Additional presentations not noted
6.3. Architectural renderings or additional presentation quality drawings
7. Proposed Fee
Architectural Services described in the Scope of Work provided for a FIXED FEE of:
SEVEN THOUSAND TWO HUNDRED FIFTY dollars ($7,250.00).
ATTACHMENT "A"
The attached hourly rates are included in this proposal for additional tasks performed
outside the Scope of Work. Prior to the commencement of an additional service,
ARCHITECT will prepare an Additional Service Request(ASR)for your approval.
Reproductions needed for the work as described are included in Proposed Fee. Additional
copies billed at the rate described under REIMBURSABLE EXPENSES.
Al, I submit this proposal for your review and approval. I look forward to working with you, the
PSC and the SC on this phase of the project. If you have any questions or revisions, please do
not hesitate to give me a call.
Sincerely,,
William G. Kleindienst, Architect
CA License No.C13125
WILLIAM G.KLEINDIENST,ARCHITECT
963 Mira Grande, Palm Springs,CA 92262-1211 P: 760-631-6777 E: WILLKAIA@aol.com 3
City of Palm Springs WELWOOD MURRAY MEMORIAL LIBRARY-SPACE UTILIZATION STUDIES August 14,2012
ATTACHMENT "A"
August 14, 2012
HOURLY RATES
LEAD ARCHITECT .........................................................$150.00/HOUR
SUSTAINABILITY TEAM LEADER .....................................$150.00/HOUR
PROJECT ARCHITECT ...................................................$125.00/HOUR
CAD OPERATOR 1 ..........................................................$80.00/HOUR
CAD OPERATOR 2 ..........................................................$60.00/HOUR
CLERICAL .....................................................................$45.00/HOUR
REIMBURSABLE EXPENSES
Reimbursable expenses include printing, reproduction, authorized out of town mileage,
long distant phone calls, postage and other expenses directly applicable
or associated with the project.
Printing required for internal work not charged to CITY.
The reimbursable expenses billed at cost plus 15% as an administrative charge.
WILLIAM G.KLEINDIENST,ARCHITECT
963 Mira Grande, Palm Springs, CA 92262-1211 P: 760-831-6777 E: WILLKAIA@aol.00m 4
CITY OF PALM SPRINGS,CALIFORNIA
WELWOOD MURRAY MEMORIAL LIBRARY
100 South Palm Canyon Drive,Palm Springs,CA 92262
ID Task Name Duration Sun Finish
_____
2 PROJECT SETAP .
_ -- --- Zit, Wed SY2W12 Thu 8MW12 0122 PROJECTSETuP
3 .. __._
4 NEEDSASSESSMENTIPROURM 44 do, Fd 812VI2 Wed 10OV12
5 PSC-VgLIDATE PROOES6 1day F48aV12 Ftl W24112OCESS T
In4 -NAlSO-INT-INTERVIEW
8 SC-INTERVIEW MEETINGS _ Ytlaya Mon WYTltt Tue Sn9ni BC-INTERVIEW MEETINGS
] ---- PS Hlstonwl9aGelY-- - - - 1daY_-Mon$RTn Mon W2]/12 0127 PS Historical Society
e _ _ PS Bureau of Ttunsm-- - - 1 tleY on Bn7/12 Men 8427/12 W27 PB address of Totalam
B Ague Celi.nt.Mweum y ----
1 day
Tue 8/2W12 Tue BR8112 $128 A9ua Must Museum
10 PS AN Museum idey Tua BnWi2 Tne 9n8/u ens PS qrl Munum
11 PSAIr Museum �itlm Tue8128112 Tueen$/12 W39 PS girMweum
12 PREPARE FINDINGS2tlays Web 821112 Thu B/30/12 W2B PREPARE FINDINGS
13 PSC CONFIRM FINDINGS itlay Ftl L31112 Full W31/12 tni .CONFRM FINDINGS
14 SC-PRESENTFINDINGS 3Gya Mon913n2 Tw 9/4n3 -PRESENTFINDINGS
/s - - -PSHktobtel Sodely - -- _-idi Mon on112 Mon913/1] So
W) P8 HialmkM Society
13 PS Bureau of Tounfm ---
i OeY Mon 913112 Mon 913112 'in PS Bureau of Tounem
9 A ua CelieMa Museum ---B 1daY Tua WW12 Tue e%{/12 '. 9/4 ABua<alknle Museum
18 PS Ad Museum 1 it, The W4/12 To e B14/4112 014 P8 Art Museum
19 PSAIIMweum - - - _ - _-1de Tua elWl2 Tue 9 /1T 914 PS Air Mo...
20 PREPARE FINAL REPORT 2days Wetl 9I5112 Thu 915/12 915 PREPARE FINAL REPORT
21 PSC-FINAL REPORT ttlay FR 9O712 F119O112 8R .FINAL REPORT
22 SC-FINAL REPORT loss Man WIO/12 Mon RMW12 29 8C-FINAL REPORT
-.._ _._ .-. __.---.__ _-___. _—_. _
24 SPACE PLANNING- 8 tlays Tw 9111/12 Mon gn)112 SPACE PLANNING
25 �REPAREE 6PACE PtAN(S) 3days Tue B/if%12 Thu W13/12 9111 PREPARE SPACE PLAN(S)
M PSC-REVIEW SPACE PLANS) iday Put 9114/12 Ftl e/14112 'I_ 8n6 .REVIEW SPACE PLAN($)
17 --_SC-REVIEW 8PACE PLAN iCaY- Mon Mon911W12 B/1] PUN.
28
28 --APPROVALPROCESS --_...
-_---- — 1e MYa --Ftl 9nW11 Wed 10nW11
30 PSPL MEETING 1day Ftl enW12 Ftlon3/1- APPROVALPROCESS
8n9 LMEETIN6
31 SUBMITTOPLANNINO lday Man IM12 The10/9A2 iW1��-$WMH3 NNINO
3T PS HSPS MEETING t0ey Tue f0l9/1T The 10n/12
3] PS CITY COUNCIL AP PROVAL 1day Wed 1W2{/12 Wed IV24112
n
10n{(.:,PS CITY COUNCIL APPROVAL
This sahaeth Presents the se0tence or agents Wnhis Mied PRELIMINARY PROJECT SCHEDULE
AA dale Mp as demanded by attendees onw the work beBlne. August 15.2012 N1lW M G.KLEINMENBT,RRCNRECT
Page l ae3 Mits. 1d
Pan 3pnn9a Cgs
)26Y-1211
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)
12 Revised:6/16/10
720599.1
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's performance under this Agreement.
Consultant 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.
Consultant 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 Consultant'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:
_X 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 Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Consultant'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 Consultant'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
13 Revised:6/16/10
720599.1
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 Consultant provides claims made professional liability insurance, Consultant 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 Consultant'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 Consultant's
services under this Agreement. Consultant 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. Consultant 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
Consultant'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 Na" 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 work performed 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.
720599.1 14 Revised:6/16110
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
Consultant'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) Consultant 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. Consultant 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.
720599.1 15 Revised:6/16/10