HomeMy WebLinkAboutAgenda Package - StudySession_Feb13_2025
PALM DESERT CITY COUNCIL
STUDY SESSION MEETING
AGENDA
Thursday, February 13, 2025
3:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
NOTICE IS HEREBY GIVEN that the purpose of the Study Session is to review the items listed on the
agenda. No action will be taken.
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Board of Library Trustees.
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public
access via teleconference or in person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
https://palmdesert.zoom.us/ or on the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
Send your comments by email to: CityClerk@palmdesert.gov.
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. Emails will not be read aloud at the meeting.
Pages
1.CALL TO ORDER - STUDY SESSION
2.STUDY SESSION TOPICS
2.a UPDATE ON THE CIRCULATION ELEMENT GENERAL PLAN UPDATE
CASE NO. GPA25-0002
3
RECOMMENDATION:
Receive an update on the General Plan Amendment of the Circulation
Element.
2.b UPDATE ON NEW LIBRARY FACILITY PROJECT 29
RECOMMENDATION:
Receive an update on the current design and progress of the New Library
Facility project.
3.ADJOURNMENT
4.PUBLIC NOTICES
NOTE: Pursuant to Assembly Bill 2449, this meeting may be conducted by
teleconference. Study Session is accessible in person or on the City’s website:
www.palmdesert.gov under the Council Agenda link at the top of the page.
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the City will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Michelle Nance, Acting Assistant City Clerk of the City of Palm Desert, do
hereby certify, under penalty of perjury under the laws of the State of California,
that the foregoing agenda for the Palm Desert City Council, Successor Agency
for the Palm Desert Redevelopment Agency, and Housing Authority, was posted
on the City Hall bulletin board and City website www.palmdesert.gov no less
than 72 hours prior to the meeting.
/S/ Michelle Nance
Acting Assistant City Clerk
City Council Study Session
February 13, 2025
2
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 13, 2025
PREPARED BY: Richard D. Cannone, AICP, Director of Development Services
Nick Melloni, AICP, Principal Planner
SUBJECT: UPDATE ON THE CIRCULATION ELEMENT GENERAL PLAN UPDATE
CASE NO. GPA25-0002.
RECOMMENDATION:
Receive an update on the General Plan Amendment of the Circulation Element.
BACKGROUND/ANALYSIS:
On July 11, 2024, the City Council approved a contract with Fehr & Peers (Contract No. C48060)
for the preparation of an amendment to the Circulation Element (Chapter 4 - Mobility) of the
Palm Desert General Plan. The City of Palm Desert adopted its current general plan, including
the Mobility Element on November 10, 2016, by Resolution No. 2016-87. Since its adoption,
several updates to state laws and regulations have been implemented which necessitate
updates to the circulation element in addition to updating internal inconsistencies within the
General Plan.
Fehr & Peers will provide an overview of five key topics and considerations for the update.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
ATTACHMENTS:
1. City of Palm Desert Circulation Element Update Presentation
3
4
City of Palm Desert
Circulation Element
Update
City Council Study Session
FEBRUARY 13, 2025
2/13/2025 15
BACKGROUND
& EXISTING
CONDITIONS
RECENT
CHANGES
CONSIDERATIONS
FOR PALM
DESERT
NEXT STEPS
Agenda
KEY
DISCUSSION
AREAS
01 02 03 04 05 06
WHY
WE’RE HERE
2/13/2025 26
S TAT E L A W S
•SB 743 (2013): Vehicle Miles Traveled (VMT) for CEQA
analysis
•SB 932 (2022): “Vision Zero” goal and policies to improve
traffic safety
•AB 98 (2024): Truck Routes
•SB 330 (2019): Objective
Design Standards for Road
Improvements (Housing)
L O C A L
D E V E L O P M E N T
•University Neighborhood
Specific Plan
•University Park
•Refuge Specific Plan
•DSRT Surf
•Millennium
•Affordable Housing
T R A N S P O R TAT I O N
P R O J E C T S + P O L I C Y
•San Pablo Corridor
•CV Link
•Walk and Roll PD
•Vision Zero Study
•Elimination of Portola Interchange
2/13/2025 37
•Set of goals and policies to guide
decision making
•Roadway classifications and map
•Special consideration for bikes,
pedestrians, and transit users
•Goods movement and truck routes
•Priority areas for safety
improvements
A city-wide vision and policy framework for the transportation system.
What is the
Circulation Element?
2/13/2025 48
R O A D W AY S
•Layered roadway network that balances
different modes of
travel
•Opportunities to
reclassify roads based
on lower traffic volumes
B I K E S ,
P E D E S T R I A N S ,
& G O L F C A R T S
•Robust network of on- and off-street bike/golf
cart lanes
•Ongoing investments (CV Link, Walk and Roll PD)
•Safety improvements
near schools and senior areas
P U B L I C
T R A N S P O R AT I O N
•Operated by SunLine Transit Agency
•City plays a supportive
role in transit
•Project team has met with SunLine to discuss long-
term transit vision
2/13/2025 59
Transportation in
Palm Desert Today
•Driving alone is the predominant mode choice for commuters across all income levels
•Traffic volumes have grown ~7% city-wide since 2016
•Housing Unit Growth: 6%
•Employment Growth: 8%
•Population Growth: 6%
69%
71%
63%
7%
14%
20%
1%
2%
2%
4%
5%
21%
10%
10%
0%10%20%30%40%50%60%70%80%90%100%
≥$75k
$35-$75k
<$35k
Commuter Mode Choice by Income (2022)
Drive Alone Carpool Public Transportation Walk/Bike/Other Work From Home
2/13/2025 610
Transportation in
Palm Desert Today
•2,984 recorded collisions from 2019-2023
•18 fatalities
•49 serious injuries
•Collisions in Downtown:
•Causes: Speed (19%), Improper Turns
(18%), Unsafe Start/Stop (12%)
•Types: Rear End (31%), T-Bone (26%),
Sideswipe (21%)
•Collisions outside of Downtown
•Causes: Speed (28%), Improper Turns
(17%), Unsafe Lane Change (10%)
•Types: Rear End (25%), T-Bone (23%),
Hit Object (17%)
All Collisions (2019-2024)
2/13/2025 711
Changes
Since the
Previous
Circulation
Element
2016
2025
2/13/2025 812
What to
Consider When
Developing a
Circulation
Element?
•Policies MUST be Horizontally Consistent (consistent within the element)
•Example: “Maintain free flow vehicle travel within the City.”
•Example: “Become the most transit-supportive City in the State.”
•Policies MUST be Vertically Consistent (consistent between the elements)
•Example: “Promote mixed-use and higher-density development in Downtown.”
•Example: “Maintain free flow vehicle travel within the City.”
•Plan should align with funding, environmental, and political constraints
•All policies should reflect the goals and values of the City
2/13/2025 913
C O N S I S T E N C Y
& S P E C I F I C I T Y
•Update policies to
align with other plans
•Clarify ultimate
configuration of
roadway types
•Simplify policy
language and ensure
all goals reflect City values
N E W
O B J E C T I V E S
•Minimize vehicle miles
traveled (VMT) per capita – reduce distance
and time spent
traveling
•Increase travel choices
•Improve resiliency and
safety
•Optimize existing
network
T O U R I S M &
S E A S O N A L I T Y
•Manage traffic
congestion during peak season
•Determine
appropriate size of roadways
•Travel options for
tourists
Considerations for Palm Desert
2/13/2025 1014
Topic #1: Active Transportation
•Provide a city-wide network of bike and
pedestrian facilities
•Prioritize improvements near
community facilities, schools, and transit
stops
•Education and awareness programs
Current General Plan:
Considerations:
Recommendations:
•Regional investments (CV Link)
•Local investments (Walk and Roll PD, Haystack Traffic Calming)
•Update Circulation Element to align with current projects/plans
•E.g. Corridors with Class II buffered and Class IV separated bikeways
•Policy to evaluate bike/ped access when reviewing new developments
•Design standards for golf cart facilities (minimum width)
•Opportunities for rail connections
AB 1602 (Complete Streets)
AB 932 (Safe Systems)
SB 330 (Road Design Standards)15
Topic #2: Safety
•Safe Pedestrian Routes to School and
Transit
•Pedestrian and Bicycle Safety Campaigns
•Monitor safety conditions including
locations with higher collision rates
Current General Plan:Considerations:
•Vision Zero Plan
•Safe Routes to Schools recommendations
•Safe Routes for Seniors recommendations
•How to implement “regular monitoring” of safety conditions
•Safe movement of heavy vehicles
AB 932 (Safe Systems)
AB 98 (Truck Routes)
16
Topic #2: Safety
Recommendations:
•Incorporate goal on safety that addresses Vision Zero and Safe Systems Approach
•Safety Corridor Prioritization
•Coordinate based on info from Vision Zero Study
•Potential Safety Countermeasures
•Raised medians
•Turn radius reduction
•Pedestrian crossing improvements
•Traffic signal retiming and visibility improvements
•Identify corridors for truck routes that avoid sensitive receptors such as residential uses and steep grades
AB 932 (Safe Systems)
AB 98 (Truck Routes)
17
Topic #3: Roadway Design Standards
•Conceptual roadway cross sections
(do not include measurements)
•Broad policies on roadway design
for non-auto users
•Consider operations and
maintenance costs when planning
improvements
Current General Plan:Considerations:
•SB 330 has prompted the City to develop specific measurements for cross section features
•Consistency with other plan elements (e.g. City Center Area Plan)
AB 1602 (Complete Streets)
SB 330 (Road Design Standards)18
Topic #3: Roadway Design Standards
Best Practices:
•Narrower travel lanes (11’)
•Separated bike facilities when possible
•Sidewalk activation (outdoor dining, landscaping, shade facilities)
•Driveway access management
AB 1602 (Complete Streets)
SB 330 (Road Design Standards)19
Topic #3: Roadway Design Standards
Recommendations:
AB 1602 (Complete Streets)
SB 330 (Road Design Standards)
•Update cross sections with
maximum desired cross section
widths
•Reclassify streets based on traffic
volumes and surrounding land use
•Example: County Club Drive (Vehicle Arterial to Balanced Arterial)
20
Highway
111
Cross
Sections
Circulation Element (Chapter 4)
City Center Area Plan (Chapter 10)
Circulation Element
Update will provide
detail and consistency.
Opportunities:
•Frontage road
activation
•Enhanced bike
facilities
•Class II bike lanes
•Class IV separated
bike facility
•Parallel bike facility
on El Paseo
•Transit-supportive
infrastructure
AB 1602 (Complete Streets)
SB 330 (Road Design Standards)2/13/2025 1721
Topic #4: Traffic Congestion
•Determine “appropriate” service
levels for all modes of
transportation
•Consider roadway capacity
improvements only after
considering improvements to
other modes
•Prioritize improvements to existing
infrastructure (signal coordination)
Current General Plan:Considerations:
•Balance other priorities (walkability, compact downtown, fiscal responsibility)
•Prioritize transportation improvements on key vehicle corridors
•Accommodate growth (focusing on the northern portion of the City)
AB 1602 (Complete Streets)
SB 330 (Road Design Standards)22
Topic #4: Traffic Congestion
Recommendations:
Policy Description Considerations
Peak Season LOS
Policy
Policy to clarify that traffic from
projects should be evaluated
when traffic is highest (Jan-Mar)
-Manages traffic during the peak
season
-Potential to over-build roadways
Downtown Area
LOS Policy
Establish a lower threshold in
Downtown, recognizing
widening is not feasible or
desired
-Promotes Downtown walkability
-Potential increased traffic in
Downtown
Bike/Ped/Transit
LOS
Evaluate how non-auto modes
experience the transportation
system (e.g. pedestrian comfort,
transit speed, etc.)
-Supports other travel modes
-Difficult to require projects to
finance improvements
The City is proposing to update their level of service (LOS) policy which can include one or more of the following:
23
Topic #5: CEQA and VMT
•Leverage State Cap-and-Trade funds for
transportation improvements
•Alternative Fuels for City Vehicles
•Encourage electric vehicles and
neighborhood electric vehicles (NEVs)
Current General Plan:
Considerations:
•State law requires establishing a vehicle miles traveled (VMT) threshold for evaluating projects in CEQA
•Summer heat events and storm events (e.g. Hurricane Hillary) SB 743(VMT)
AB 747/SB 99 (Evacuation Planning)
•Establish VMT policy consistent with
state law and to support
environmental review
•Expand policy to support
installation of EV charging
infrastructure
•Adding resiliency and redundancy
to the transportation system
Recommendations:
24
Topic #5: CEQA and VMT
VMT Policy:
The City will need to adopt a VMT threshold for CEQA. Potential threshold options include:
Threshold Description Considerations
Better than
Existing
Requires new developments to
be more efficient than current
conditions
-Appropriate for areas with growth
and fewer mitigation options
-Less aggressive in achieving GHG
reduction goals
15% Better than
Existing
Requires new developments to
be at least 15% more efficient
than current conditions
(aligns with state guidance)
-Appropriate for developed areas
and more mitigation options
-Additional projects may be
considered “significant”
25
Next Steps
City and Fehr & Peers will work to develop a
set of alternatives for consideration:
•Updated priorities
•Roadway reclassifications
•Multi-modal transportation expansion
Staff will evaluate these alternatives and determine the best alternative that aligns with City goals.
Council will continue to be involved in the
process.
Existing Conditions Assessment
(Fall 2024)
Council Priorities Workshop
(Winter 2025)
Develop and Evaluate Alternatives
(Spring 2025)
Update Policies and Determine
Preferred Alternative (Spring-
Summer 2025)
Adopt Updated Circulation Element
(Fall 2025)
2/13/2025 2226
Questions and Discussion
2/13/2025 2327
28
Page 1 of 4
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 13, 2025
PREPARED BY: Ryan Lamb, Senior Project Manager
SUBJECT: STUDY SESSION FOR UPDATE ON NEW LIBRARY FACILITY PROJECT
RECOMMENDATION:
Receive an update on the current design and progress of the New Library Facility project.
BACKGROUND/ANALYSIS:
On October 12, 2023, the City Council voted to withdraw from the Riverside County Library
System, with the City assuming self-operations of its library beginning July 1, 2024. The
withdrawal agreement, executed in February 2024, includes the transfer of $4 million to the City
for the construction of or improvements to the Palm Desert Library.
On June 8, 2023, the City Council voted to form a Library Taskforce. On September 27, 2023,
City staff presented the site goals to the Library Taskforce, outlining four site options along with
the pros and cons of each.
Option 1: Renovate and continue to use a portion of COD’s building
Option 2: Construct a new facility on the vacant site across Fred Waring Drive
Option 3: Renovate the soon-to-be vacated Sheriff Substation
Option 4: Demolish the soon-to-be vacated Sheriff Substation and construct a new facility
The Taskforce voted unanimously to proceed with Option 4.
The City currently provides library services from a leased facility on the neighboring COD
campus, originally established in the 1990s.
In February 2024, the City and COD entered a new 5-year lease with the understanding that City
library operations would continue at that location until a new facility is designed, constructed,
and equipped on city-owned land.
February 13, 2024, sixteen (16) firms submitted responses to an RFP for Architectural Design
Services. A subcommittee of City staff interviewed the top five (5) firms identified through the
evaluation process. During the interviews, each architect proposed an alternative site for the
new Library, suggesting a location adjacent to the park rather than the Sheriff Substation site.
Upon completion of the evaluation and interview process, Richärd Kennedy Architects (RKA)
was identified as the top firm and awarded the contract on March 28, 2024 .
29
City of Palm Desert
Study Session for Update on New Library Facility Project
Page 2 of 4
During the architect selection process, the City’s Economic Developm ent team also evaluated
the future of the Parkview Office Building. An analysis of the Parkview Office building was
performed by a consultant and found that a minimum of $5.7M to $17.8M would need to be
invested in the facility’s infrastructure for it to remain a viable asset. However, even with this
investment, analysis showed that the facility would not produce positive cash f low before
additional improvements would be needed. In March 2024, the City Council decided to demolish
the building and designate the site for the new Library.
RKA developed two (2) conceptual designs for the project: a “Low Option” based on the
previously approved $20 million budget and a “High Option” in anticipation of Measure G’s
potential passage, which would increase the budget to $30 million. Both options were presented
to the Library Advisory Committee on November 7, 2024, with the discussion primarily focusing
on the High Option, as Measure G was tracking with over 65% voter support.
The committee's feedback was incorporated into the design, and a revised version was
presented on December 9, 2024. At that meeting, the committee voted unanimously to
recommend presenting the conceptual design to the City Council.
In December 2024, City staff met with the Vice President of Administrative Services and the
Interim President of College of the Desert to request an assessment of the existing building and
evaluate the cost feasibility of maintaining the City Library on the college campus. The college
informed City staff that once the City vacated at the end of the lease, the College has plans to
repurpose the space.
In January 2025, following a personnel change at the college in late December, City staff
contacted the college to confirm whether the new administration maintained the same plans for
the existing space. The college confirmed that the space was still scheduled for repurposing.
Had the college considered allowing the City to stay, initial assessments estimated the cost for
necessary HVAC and Plumbing upgrades, flooring replacement, interior paint, and roof repairs
at $2.3M. Cost for ongoing facility maintenance per 5 -year cycle is estimated to be $390K at 5
years, $510K at 10 years, $625K at 15 years, and $625K at 20 years.
As an additional alternative to new construction, City staff explored the availability of commercial
space to accommodate the Library’s programming needs. The existing COD facility is 22,000
square feet. Feedback received from the community, Library Consultant, and City Library staff,
it was determined that the minimum square footage considered should be 21,000 square feet,
with a more ideal size of approximately 25,000 square feet to include other program spaces not
currently available at the COD building.
Currently, commercial space is leased at a rate of $24 per square foot per year, plus an
estimated $0.70 per square foot for insurance, taxes and maintenance. Currently, commercial
space is leased at a rate of $24 per square foot per year, plus an estimated $0.70 per square
foot for insurance, taxes, and maintenance. In addition, tenant improvement costs are estimated
at approximately $400 per square foot. Based on these figures, the initial investment for leasing
and improvements would be approximately $10 million, with an annual cost of approximately
$500,000.
30
City of Palm Desert
Study Session for Update on New Library Facility Project
Page 3 of 4
Current available commercial space:
San Pablo/Hwy 111 (former Angel View) 15,400 square feet
Monterey Shore Plaza (Costco Center) 23,000 square feet
Palm Desert Town Center Plaza (by Trader Joe’s) 14 ,300 square feet
While the Costco Center space does meet the square footage needs, its location does not meet
the City’s goal of a centrally located site.
The City recently evaluated the soon -to-be vacated Sheriff Substation and estimated $1.7M for
basic upgrades like paint, flooring, roof and restroom improvements. However, the cost to fully
renovate the 28,500sf building for library operations would be much higher. At $400/sf and an
additional $3M for seismic upgrades, the total construction cost could exceed $15M.
The path we've taken reaffirms the original goals we set: to create a modern, functional space
that meets the evolving needs of our community. The rationale for building a new facility, focused
on enhancing functionality and improving overall experience, has been validated through our
progress. The benefits of this new building will be evident across all aspects of our operations,
enhancing both efficiency and user satisfaction. We are on track to meet the projected timeline,
ensuring that construction is completed, and operations will commence well before the lease
with COD expires, allowing for a smooth transition and continued success.
The current project timeline is tracking for construction to commence with the demolition of the
Parkview Building in Q1 2026, and completion of the new facility in Q4 2027.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
Library Advisory Committee - December 9, 2024: Recommend presenting conceptual design to
City Council.
FINANCIAL IMPACT:
Funding sources have been identified and will be included as part of the FY 2025 -26 Annual
Budget Request and 5-Year CIP Plan. Current expenditures are being paid from the funds
deposited by the County of Riverside as part of the transition and are reflected below.
Project - CFA00027
New Library Facility Budget Expenditures Available
Budget
*Funding Source: Capital Bond Funds (451) $20,000,000
**Funding Source: Library Capital Project Funds (452) $4,000,000
*Funding Source: Future Tfer from Measure G Funds (110) $6,000,000
Conceptual Design (Richärd Kennedy Architects) $642,865
31
City of Palm Desert
Study Session for Update on New Library Facility Project
Page 4 of 4
Traffic Study (HR Green) $67,570
Cost Estimating (Anser Advisory) $20,620
Survey (TKE Engineering) $48,100
Total Project Budget $30,000,000 $779,155 $29,220,845
*The $20M in Bonds and $6M in Measure G Funds will be requested as part of the FY 2025-26 Annual Budget
Request
**Capital Funds returned from County
ATTACHMENTS:
1. New Library - Conceptual Design Study Session Presentation
2. C47080 Riverside County Withdrawal Agreement
3. C47090 DCCD 5-year Library Lease Agreement
4. 2023-RFP-225 Library Conceptual Design Services Request for Proposal
5. C47340 Richärd Kennedy Architects – Conceptual Design Services
32
NEW LIBRARY FACILITY
City Council Study Session
February 13,2025
Conceptual Design
33
2
LIBRARY PLANNING
June 2023:
•City Council voted to form a Library Taskforce
September 2023:
•Library Consultant, Margaret Sullivan Studios, contracted to ensure the successful
transition to a city-funded and operated library system
•City Council voted to withdraw from the Riverside County Library System, with the City
assuming self-operations of its library beginning July 1, 2024
•City staff presented site g oals and options to the Library Taskforce
February 2024:
•Withdrawal agreement with County of Riverside. Included transfer of $4M to the City for
construction or improvement of the Palm Desert Library
•Entered new 5-year lease with COD
34
3
LIBRARY PLANNING
June 2023:
•City Council voted to form a Library Taskforce
September 2023:
•Library Consultant, Margaret Sullivan Studios, contracted to ensure the successful
transition to a city-funded and operated library system
•City Council voted to withdraw from the Riverside County Library System, with the City
assuming self-operations of its library beginning July 1, 2024
•City staff presented site g oals and options to the Library Taskforce
February 2024:
•Withdrawal agreement with County of Riverside. Included transfer of $4M to the City for
construction or improvement of the Palm Desert Library
•Entered new 5-year lease with COD
35
4
LIBRARY PLANNING
June 2023:
•City Council voted to form a Library Taskforce
September 2023:
•Library Consultant, Margaret Sullivan Studios, contracted to ensure the successful
transition to a city-funded and operated library system
•City Council voted to withdraw from the Riverside County Library System, with the City
assuming self-operations of its library beginning July 1, 2024
•City staff presented s ite goals and options to the Library Taskforce
February 2024:
•Withdrawal agreement with County of Riverside. Included transfer of $4M to the City for
construction or improvement of the Palm Desert Library
•Entered new 5-year lease with COD
Community-driven Strategic Framework
Vision for future growth
Service and Operating models
Future Building Program
36
5
LIBRARY PLANNING
June 2023:
•City Council voted to form a Library Taskforce
September 2023:
•Library Consultant, Margaret Sullivan Studios, contracted to ensure the successful
transition to a city-funded and operated library system
•City Council voted to withdraw from the Riverside County Library System, with the City
assuming self-operations of its library beginning July 1, 2024
•City staff presented s ite goals and options to the Library Taskforce
February 2024:
•Withdrawal agreement with County of Riverside. Included transfer of $4M to the City for
construction or improvement of the Palm Desert Library
•Entered new 5-year lease with COD
37
6
LIBRARY PLANNING
June 2023:
•City Council voted to form a Library Taskforce
September 2023:
•Library Consultant, Margaret Sullivan Studios, contracted to ensure the successful
transition to a city-funded and operated library system
•City Council voted to withdraw from the Riverside County Library System, with the City
assuming self-operations of its library beginning July 1, 2024
•City staff presented s ite goals and options to the Library Taskforce
February 2024:
•Withdrawal agreement with County of Riverside. Included transfer of $4M to the City for
construction or improvement of the Palm Desert Library
•Entered new 5-year lease with COD
38
Option 1 : Renovate and continue to use a portion of COD’s building
Option 2 : Construct a new facility on the vacant site across Fred Waring Drive
Option 3 : Renovate the soon-to-be vacated Sheriff Substation
Option 4 : Demolish the soon-to-be vacated Sheriff Substation and construct a new facility 7
PROJECT SITE
SITE GOALS:
•City-owned property
•Support a comparable size building as the
existing Library (22,000sf building)
•Identify first location and plan for an
additional site
September 2023
1
2
3 &4
39
Option 1 : Renovate and continue to use a portion of COD’s building
Option 2 : Construct a new facility on the vacant site across Fred Waring Drive
Option 3 : Renovate the soon-to-be vacated Sheriff Substation
Option 4 : Demolish the soon-to-be vacated Sheriff Substation and construct a new facility 8
PROJECT SITE
SITE GOALS:
•City-owned property
•Support a comparable size building as the
existing Library (22,000sf building)
•Identify first location and plan for an
additional site
September 2023
1
2
3 &4 Option 4
Pros:
•City-owned
•Location
•Ideal lot size
•Existing access from Fred Waring & San Pablo
•Safe Pedestrian traffic
•Existing utilities and parking spaces will offset
construction costs
•New vs. Renovated
Cons:
•Include cost for demolition in Construction budget40
9
PROJECT SITE
Richärd Kennedy ArchitectsMSR Design
LPAJohnson Favaro
March 2024:
•Architecture firms recommended
alternative site
•Richärd Kennedy Architects awarded
contract for Conceptual Design Services
of new Library on Sheriff Substation
site
Connection to the Civic Center Park
Pedestrian Safety
Road noise nuisance
41
Sheriff
Substation
Parkview
Building
10
PROJECT SITE
Parkview Building
March 2024:
•City Council plans to demolish Parkview
Office Building
•City Council directed staff to use that
site for the new Library
April 2024:
•Richärd Kennedy Architects scope of
work amended for new Library on
Parkview Building site
2 Concepts:
$20M “Low Option”
$30M “High Option”
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11
LIBRARY PLANNING
July 2024:•Library Taskforce was dissolved and Library Advisory Committee formed
December 2024:•Library Advisory Committee voted to recommend presenting the conceptual design to the
City Council
December 2024 - January 2025:•Met with COD Administration to discuss feasibility of maintaining the City Library on the
college campus. COD plans to repurpose the space at the end of the lease.
January 2025: Estimated Cost to Maintain COD Building•$2.3M for necessary HVAC and Plumbing upgrades, flooring replacement, interior paint,
and roof repairs.•O ngoing facility maintenance per 5-year cycle:
$390K (5 yrs.)
$510K (10 yrs.)
$625K (15 yrs.)
$625K (20 yrs.)
43
1244
1345
14
Shared Spaces:
•Veterans Services
•Friends of the Library
•CVAG Meetings
•Special Programs “Green Room”
•Maker Space
Additional Community Spaces:
•Visitor Center
•Café
•Demonstration Kitchen
$30M Budget “High Option”
Cost estimates reconciled with Architect’s
estimator and Construction Manager
46
15
$20M Budget “Low Option”
Cost estimates reconciled with Architect’s
estimator and Construction Manager
Shared spaces:
•Veterans Services
•Friends of the Library
•CVAG Meetings
•Will require book stack augmentation to
enlarge the Multipurpose space
Not Included:
•Special Programs “Green Room”
•Demonstration Kitchen
•Maker Space
•Visitor Center (Visitor Desk in Library)
•Café
•Demonstration Kitchen
47
1648
1749
1850
1951
2052
21
PROJECT BUDGET
Library Description 451 452 110 TOTAL*
451 – Capital Improvement Bond Proceeds $20,000,000 $20,000,000
452 – Library Capital Project Fund Contribution from County $4,000,000 $4,000,000
110 - Future Measure G Revenue $6,000,000 $6,000,000
Total Project Funds Available $30,000,000
Less: Contracts/Expenditures
Conceptual Design (Richärd Kennedy Architects)($642,865)
Traffic Study (HR Green)($67,570)
Cost Estimating (Anser Advisory)($20,620)
Survey (TKE Engineering)($48,100)
Total Contracts/Expenditures ($779,155)
Balance Available*$29,220,845
*The $20M in Bonds and $6M in Measure G Funds will be appropriated with the 2025-26 Annual Budget Request
53
22
NEXT STEPS
•Conceptual Design Approval – Feb. 27, 2025
•Schematic Design Phase (Q1 2025 – Q2 2025)
•Entitlements
•Planning Commission
•Architectural Review Commission
•Design-Build
•Design Development & Construction Documents Phase (Q2 2025 – Q4 2025)
•Demolition of Parkview Building (Q1 2026)
•New Construction (estimated completion – Q4 2027)
54
23
NEXT STEPS
Questions?
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Contract No. C47090
1
LEASE FOR PALM DESERT LIBRARY
73-300 Fred Waring Drive
Palm Desert, California
THIS LEASE is entered into as of February 15, 2024 by and between Desert
Community College District (herein called the “District”) and the City of Palm Desert
herein called the “City”). District and City may be referred to in this Lease individually as
a “Party” or jointly as the “Parties.”
RECITALS
This Lease is entered into upon the following facts, understandings, and intentions
of the District and City.
A. District owns certain real property located at 73-300 Fred Waring Drive,
Palm Desert, California that contains a 41,189 square feet building (“District
Building”), which includes a southern approximately 16,609 square feet
area known as the Palm Desert Library (“Library Premises”) and an
approximately 4,193 square feet area known as the “Common Area,” which
is located on the College of the Desert campus, depicted in Exhibit “A,”
attached hereto and incorporated herein by reference.
B. The District desires to lease to the City, and City desires to lease from
District, the exclusive use of the Library Premises and the nonexclusive,
shared use of the Common Area pursuant to the terms of this Lease.
NOW THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Lease. The District hereby leases the exclusive use of the Library Premises
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and grants the nonexclusive, shared use of the Common Area to the City, and City hereby
leases the Library Premises and shared use of the Common Area from the District on the
terms and conditions set forth in this Lease.
2. Description. The Lease Area leased hereby consists of the southern
approximately 16,609 square feet of the District Building located at 73-300 Fred Waring
Drive, Palm Desert, California, known as the Library Premises, and the approximately
4,193 square feet of Common Area to be commonly shared and used by the City, the
District, and any other tenants of the District Building, if any (hereinafter, the Library
Premises and the Common Area shall be jointly known as the “Lease Area”).
3. Annual Fee. The Lease Area is leased to the City for a base rate of One
Hundred Twelve Thousand Three-Hundred and Thirteen dollars ($112,313.00) annually
Annual Fee”). The Annual Fee due to District under this Lease shall be paid by City to
District by the start of each fiscal year, no later than the first (1st) day of July each year,
at the District’s address set forth hereinafter for notices, or to such other person and/or at
such other address as District may direct by written notice to City. The Annual Fee
includes the costs of rent, utilities, and general maintenance labor, as described below
and as set forth in the Fee Structure in Exhibit “B.” The District may raise the Annual
Fee each year by a rate of no more than three percent (3%) of the prior year’s Annual
Fee amount. However, costs that are assigned to the lease for personnel (e.g.
groundskeeper), which are party to the Annual Fee, may increase by a percentage equal
to no more than the statutory Cost of Living Adjustment for the following fiscal year, as
adopted by the California State Legislature, based on the prior year’s Annual Fee. The
District shall notify the City of the increased annual rate no later than May 31st each year.
Upon proof of work and agreement between the City and the District, the City may deduct
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reasonable charges from the base rent for one-time landscape services described in 3(a)
and 3(b) from the first-year lease agreement. If landscape services are less the not to
exceed amount of $23,000.00, the City will reimburse the District a credit within fifteen
15) days after the work has been completed. The deduction in the not to exceed amount
of $23,000.00 will be applied to year one of the base rent. The City will contract services
for the following one-time cleanup of landscape work around the exterior of the leased
area:
i. An arborist contractor will trim the palms and prune the trees around the
exterior of the leased grounds. Addition of (15) fifteen 24’ box trees be planted on the
exterior of the leased grounds and that (7) seven trees, palms, and their stumps be
removed.
ii. Add decomposed granite to the leased grounds and new plantings be
added to the courtyard.
a) Utilities. District shall provide, or cause to be provided, and pay for all utility
services that City may require or desire in the operation and use of the Lease Area.
b) Maintenance Labor. The District shall provide, or cause to be provided,
and pay for, all reasonable maintenance services within the District Building, including the
Lease Area, as follows: District shall maintain the physical exterior and interior of the
Lease Area and all structural and systematic components thereof, including, but limited
to, roof (including roof membrane), air conditioning equipment, heating equipment,
plumbing, electrical wiring and fixtures, communication wiring and fixtures including all
lights and replacement of light bulbs, windows, gutters, and structural parts, in good
working condition and repair, in accordance with industry standards and in compliance
with all applicable laws, ordinances, rules and regulations. Any maintenance services
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and/or facility improvements to the Lease Area that exceed the standard upkeep and
maintenance of the Lease Area necessary for its regular use as set forth in section 4(a)
shall be addressed as set forth in section 9 and mutually agreed upon by both parties.
Any services performed by the District shall not interfere with City’s use or visibility of the
Lease Area and shall not impede the City’s access to the Lease Area.
4. Use.
a. The Lease Area is leased primarily for the purpose of providing space to operate
and conduct a public library, for use by the City of Palm Desert, but may be used for any
official business by the City of Palm Desert government with the prior written consent of
the District, which shall not be unreasonably withheld, conditioned, or delayed.
b. City shall have the exclusive possession of the Lease Area and shared common
usage of the Common Area, which shall include the walkways, rest rooms, driveways,
vehicular parking spaces, sidewalks, landscaped courtyards, planted areas, monument
signage, and other similar facilities maintained by the District for its own use, other
tenants, and the public.
5. Term.
a) The Term of this Lease shall commence upon execution of this Lease Agreement
and subject to consideration of Section 6 below, continue in full force and effect for a
period of five (5) years.
b) Any holding over by City after the expiration of said term shall be deemed a month-
to-month tenancy upon the same terms and conditions of this Lease.
c) City, in its sole discretion, shall have the right of first refusal as to the renewal of
this Lease at the expiration of said term on whatever terms and conditions the District
may then offer.
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6. Right to Early Termination. The City shall have the option to terminate
the Lease, with a sixty (60) day advance written notice to the District. The District shall
have the option to terminate the Lease, with a sixty (60) day advance written notice to the
City prior to the end of the fiscal year (June 30) to take effect no earlier than the start of
the following fiscal year, e.g. notice to terminate given May, 2024 to be effective July 1,
2024. Upon the termination of the Lease, District and City shall have no further rights,
obligations or claims with respect to each other arising from the Lease, except for those
obligations of under this Lease which expressly survive and continue after the termination
or expiration of the Lease.
7. Consideration. In Consideration for the use of the Lease Area, City shall
provide library services to City residents.
8. Custodial and Grounds.
a. City shall provide their own custodial services within the Lease Area, including the
Library Premises, and Common Areas, as set forth in Exhibit “A.” District shall provide
and pay for custodial services within the remainder of the District Building, not including
the Common Areas.
b. District shall provide, or cause to be provided, and pay for all landscape and other
exterior grounds care for the Lease Area. Such services shall be provided at a level which
shall keep the Lease Area in the same condition as other portions of the District Building.
c. District shall, at its cost and expense, provide maintenance of parking lots
designated for public library use.
d. District represents and warrants that the exterior portions of the District Building,
including access to the Library Premises and Lease Area, are compliant with ADA
including parking areas) as of the commencement of the Term, and that any capital
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expenditures or other expense to comply with Laws in effect as of the commencement of
the Lease shall be at District’s expense and not passed through to City in the Annual Fee
or otherwise.
e. Upon prior written consent by the District, not to be unreasonably withheld,
conditioned, or delayed, the City shall have the right to make reasonable exterior
modifications to accommodate Information Technology (IT) infrastructure needs,
provided it provides the District notice (which may be verbal or written) within five (5) days
of commencing such work, provided the modification is not brought about by an
emergency situation, in which case City may proceed with such work without notice.
District shall approve or disapprove City’s request within ten (10) business days after
District’s receipt thereof.
f. Upon prior written consent by the District, not to be unreasonably withheld,
conditioned, or delayed, the City shall have the right to change the existing monument
sign to better reflect the use of the District Building as a public library only. District shall
approve or disapprove City’s request within ten (10) business days after District’s receipt
thereof. The City shall remove the sign within thirty (30) days of the expiration of the
Lease.
g. City shall not be required to remediate or pay (either as part of the Annual Fees or
otherwise) for the removal or remediation of Hazardous Materials to the extent such
Hazardous Materials exist in an amount in violation of applicable Hazardous Materials
Laws and (i) were present in the Lease Area prior to the commencement of this Lease,
or (ii) are placed in, on under or about the Lease Area by District or any District’s
employees, agents, contractors, other tenants, or third parties.
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9. Maintenance/Alterations.
a) As set forth in section 3, District shall keep, repair, maintain, and replace as
necessary, the physical exterior and interior of the Lease Area and all structural and
systematic components thereof, including, but limited to, roof, air conditioning equipment,
heating equipment, plumbing, electrical wiring and fixtures, communication wiring and
fixtures including all lights and replacement of light bulbs, windows and structural parts,
in good working condition and repair, in accordance with industry standards and in
compliance with all applicable laws, ordinances, rules and regulations.
b) Within thirty (30) days after delivery of an invoice by District, City shall reimburse,
or cause to be provided, and pay for any maintenance services and/or improvements to
the Lease Area, including costs of any supplies, materials, and specialty equipment, that
exceed the standard upkeep and maintenance of the Lease Area necessary for its regular
use under section 4(a). Any such maintenance services and/or improvements as set forth
in this subsection shall be permitted only upon the written request of the City Manager,
or their designee, following the written approval of the Vice President for Administrative
Services and/or Superintendent/President of the District. Any such maintenance services
and/or improvements under this subsection shall comply with any and all applicable
federal, state, local laws, rules, regulations, and any and all applicable District policies,
procedures, regulations, and guidance.
c) Any necessary repairs to the Lease Area shall be made by District as promptly as
possible to keep the Lease Area in the condition necessary for its regular use under
section 4(a). The District understands timely response is required to ensure City
operations continue with minimal interruption to ensure the safety of employees and
delivery of services. To the extent reasonably feasible, the District shall make efforts to
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commence repairs relating to any Base Building Systems, which shall include any
mechanical, electrical, or plumbing system or component of the building, and any HVAC
distribution system, and any fire safety system, within hours one (1) business day from
receipt of written notice of the repair request, and to complete all other repairs within thirty
30) calendar days upon receipt of written notice. If, due to the nature of the particular
repair or maintenance obligation, more than thirty (30) calendar days are reasonably
required to complete the repair, the District shall not be in default under this Section,
provided the District begins work within these thirty (30) calendars day period and
diligently pursue this work to completion. All requests for repairs shall be submitted in
writing by the City to the District.
d) If the City provides written notice to the District of an event or circumstance that
requires the action of the District with respect to the replacement, repair or maintenance
to the Lease Area or Base Building Systems serving the Lease Area as set forth in Section
3(c), above, and the District fails to provide such action as required by the terms of this
Lease within the period specified in Section 9(c), the City may, but shall not be obligated
to, directly address the requested repair if: (1) the City delivers to the District an additional
written notice advising the District that the City intends to take the required action to
address the repair if the District does not begin to schedule the required repair or
maintenance within five (5) business days after the written notice of the repair request;
and (2) the District fails to schedule the required work within the five (5) business day
period. In the event the City makes the requested repair, District shall reimburse City for
the reasonable costs of such repairs, within thirty (30) days of City’s providing District an
invoice.
e) Upon prior written consent by the District, not to be unreasonably withheld,
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Contract No. C47090
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conditioned, or delayed, the City may at any time and from time to time at its expense,
paint and decorate the interior of the Library Premises (including the right to paint the
concrete block and stone walls), install trade fixtures and equipment, and make such
changes, alterations, additions and improvements in and to the Library Premises, all as
will in the judgment of the City better the Library Premises for the purposes for which the
same are permitted to be used hereunder. District shall approve or disapprove City’s
request within ten (10) business days after District’s receipt thereof.
10. Hold Harmless/Indemnification.
a. Each Party to this Lease (“Indemnitor”) shall indemnify and hold harmless the
other, its Agencies, Districts, Special Districts and Departments, their respective directors,
officers, governing boards, elected and appointed officials, employees, agents and
representatives (individually and collectively hereinafter referred to as “Indemnitees”)
from any liability whatsoever, based or asserted upon any services of the Indemnitor, its
officers, employees, subcontractors, agents or representatives arising out of or in any
way relating to this Lease, including but not limited to property damage, bodily damage,
or death, or any other element of any kind or nature whatsoever arising from the
performance of the Indemnitor, its officers, employees, subcontractors, agents or
representatives Indemnitors from this Lease. The Indemnitor shall defend, at its sole
expense all costs and fees, including, but not limited, to reasonable attorney fees, cost of
investigation, defense and settlements or awards, the indemnities in any claim or action
based upon such alleged acts or omissions.
b. With respect to any action or claim subject to indemnification herein by the
Indemnitor, the Indemnitor shall, at their sole cost, have the right to use counsel of their
choice and shall have the right to adjust, settle, or compromise any such action or claim
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subject to the prior consent of Indemnitee; provided, however, that any such adjustment,
settlement or compromise in no manner whatsoever limits or circumscribes the
Indemnitor’s indemnification to Indemnitees as set forth herein.
c. The Indemnitor’s obligation hereunder shall be satisfied when the Indemnitor has
provided to Indemnitee the appropriate form of dismissal relieving Indemnitee from any
liability for the action or claim involved.
d. The specified insurance limits required in this Lease shall in no way limit or
circumscribe the Indemnitor’s obligations to indemnify and hold harmless the Indemnitees
herein from third party claims.
e. In the event there is conflict between this clause and California Civil Code Section
2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation
shall not relieve the Indemnitor from indemnifying the Indemnitees to the fullest extend
allowed by law.
f. Survival of Indemnification. The paragraphs of this Paragraph 11 shall survive the
expiration or earlier termination of this Lease until all claims against Indemnitor involving
any of the indemnified matters are fully, finally, and absolutely barred by the applicable
statutes of limitations.
12. Insurance.
a) City Insurance. Without limiting or diminishing the City’s obligation to indemnify
or hold the District harmless, the City shall procure and maintain or cause to be
maintained, at its sole cost and expense, the following insurance coverages during the
term of this Lease. Notwithstanding the foregoing, District shall accept City’s qualified
self-insurance or risk pool insurance in lieu of the insurance policies set forth below.
b) Workers’ Compensation. If the City has employees as defined by the State of
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California, the City shall maintain statutory Workers’ Compensation Insurance (Coverage
A) as prescribed by the laws of the State of California. Policy shall include Employers’
Liability (Coverage B) including Occupational Disease with limits not less than
1,000,000.00 per person per accident. The policy shall be endorsed to waive
subrogation in favor of the District, its Board of Trustees, and their officers and employees.
c) Commercial General Liability. Commercial General Liability Insurance
coverage, including but not limited to, premises liability, unmodified contractual liability,
products and completed operation liability, personal and advertising injury, cyber liability,
and cross liability coverage, covering claims which may arise from or out of the City’s
performance of its obligation hereunder. Policy shall name the District, its Board of
Trustees, and their officers, employees, volunteers, and agents as Additional Insureds by
endorsement. Policy’s limit of liability shall not be less than $1,000,000.00 per occurrence
combined single limit. If such insurance contains a general aggregate limit, it shall apply
separately to this Lease or be no less than two (2) times the occurrence limit.
d) Vehicle Liability. If vehicles or mobile equipment, which include tractors, trailers
or similarly equipped vehicles, are used in the performance of the obligations under this
Lease, then the City shall maintain liability insurance for all owned, non-owned or hired
vehicles so used in an amount not less than $1,000,000.00 per occurrence combined
single limit. If such insurance contains a general aggregate limit, it shall apply separately
to this Lease or be no less than two (2) times the occurrence limit. Policy shall name the
District, its Board of Trustees, and their officers, employees, volunteers, and agents as
Additional Insureds by endorsement. If minor or patron transportation is provided by
Lessee, the limits shall be changed to an amount not less than $5,000,000.00 combined
single limit.
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e) Property Insurance.
Special perils” form real property insurance covering the
Lease Area including improvements, betterments, and loss of rents or loss of income
providing protection against any covered peril included for an amount not less than the
replacement cost of said Lease Area, including any Improvements thereto. Said policies
shall contain a “Replacement Cost” endorsement and shall include deductible amounts
acceptable to the District. Said policies shall name the District as an additional insured
and loss payee, as its interests may appear.
Special perils” form personal property insurance covering the
City’s personal property on the Lease Area against any peril included in the classification
of “Special Form” for an amount not less than one hundred percent (100%) of the
replacement cost.
f) Sexual Abuse and Molestation Coverage. Sexual abuse and molestation
coverage shall be no less than $4,000,000.00 per occurrence and $6,000,000.00
aggregate.
g) General Insurance Provisions – All Lines.
Any insurance carrier providing insurance coverage
hereunder shall be admitted to the State of California and have an A.M. BEST rating of
not less than an A:VIII (A:8) unless such requirements are waived, in writing, by the
District’s Risk Manager. If the District’s Risk Manager waives a requirement for a
particular insurer such waiver is only valid for that specific insurer and only for one policy
term.
The City must declare its insurance self-insured retention for
each coverage required herein. If such self-insured retentions exceed $500,000.00 per
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occurrence each such retentions shall have the prior written consent of the District Risk
Manager before the commencement of this Lease. Upon notification of self-insured
retention unacceptable to the District, at the election of the District’s Risk Manager, the
City’s carriers shall either: 1) reduce or eliminate such self-insured retention as respects
this Lease with the City, or 2) procure a bond which guarantees payment of losses and
related investigations, claims administration, and defense costs and expenses.
The City shall cause the City’s insurance carrier (s) to furnish
the District with either 1) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as required herein, and 2) if
requested to do so orally or in writing by the District Risk Manager, provide original
Certified copies of policies including all Endorsements and all attachments thereto,
showing such insurance is in full force and effect. Further, said Certificate(s) and policies
of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty
30) days written notice be given to the District prior to any material modification,
cancellation, expiration or reduction in coverage of such insurance. If the City insurance
carrier (s) policies does not meet the minimum notice requirement found herein, the City
shall cause the City’s insurance carrier (s) to furnish a 30-day Notice of Cancellation
Endorsement.
In the event of a material modification, cancellation,
expiration, or reduction in coverage, this Lease shall terminate forthwith, unless the
District receives, prior to such effective date, another properly executed original
Certificate of Insurance and original copies of endorsements or certified original policies,
including all endorsements and attachments thereto evidencing coverage’s set forth
herein and the insurance required herein is in full force and effect. The City shall not
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commence operations until the District has been furnished original Certificates of
Insurance and certified original copies of endorsements and if requested, certified original
policies of insurance including all endorsements and any and all other attachments as
required in this Section. An individual authorized by the insurance carrier to do so on its
behalf shall sign the original endorsement for each policy and the Certificate of Insurance.
It is understood and agreed by the Parties hereto that the
2City’s insurance shall be construed as primary insurance, and the District’s insurance
and/or deductible and/or self-insured retentions or self-insured programs shall not be
construed as contributory.
The City is expressly obligated to provide for the legal defense
and investigation of any claim against the District as an Additional Insured and for all costs
and expenses incidental to such defense or investigation.
The insurance required herein, and the insurance carried by
District, shall not be deemed to limit the respective insured Parties’ liability related to
performance under this Lease. The procuring of insurance shall not be construed as a
limitation on liability or as full performance of the indemnification and hold harmless
provisions of this Lease.
If, during the term of this Lease or any extension thereof, there
is a material change in the scope of services; or, there is a material change in the
equipment to be used in the performance of the scope of work; or, the term of this Lease,
including any extension thereof, exceeds five (5) years; the District reserves the right to
adjust the types of insurance and the monetary limits of liability required under this Lease,
if in the District Risk Management’s reasonable judgment, the amount or type of insurance
carrier by the City has become inadequate.
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If the City fails to procure any coverage require to be
maintained hereunder, or renewal thereof, or to provide written evidence of the
procurement or renewal thereof on a timely basis, the District may, but is not required to,
after having given five (5) working days written notice to the City, procure such coverage
and charge its cost to the City.
The City shall pass down the insurance obligations contained
herein to all tiers of subcontractors working under this Lease.
The insurance requirement contained in this Lease may be
met with a program(s) of self-insurance acceptable to the District. 27.
The City agrees to notify the District of any claim by a third
party or any incident or event that may give rise to a claim arising from the performance
of this Lease.
h) District Insurance Requirements. At all times during the Term, the District shall
maintain, at the District’s expense, commercial general liability insurance, on an
occurrence basis, insuring the District and its employees, agents and independent
contractors against all bodily injury, property damage, personal injury and other covered
loss arising out of its use and maintenance of the Lease Area. The City, its Governing
Board, and their officers, employees, volunteers, and agents shall be named as Additional
Insureds by endorsement as to claims and losses arising out of the Lease Area. Such
coverage shall have limits in an amount not less than $1,000,000.00 per occurrence and
2,000,000.00 general aggregate.
13. Notices. Any notices required or desired to be served by either Party upon
the other shall be addressed to the respective Parties as set forth below, or to such other
addresses as from time to time shall be designated by the respective Parties:
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City: District:
City of Palm Desert College of the Desert
73510 Fred Waring Drive 43-500 Monterey AvenueColleg
Palm Desert, California 92260 Palm Desert, California 92260
Attn: L. Todd Hileman Attn: Linda Costagliola
City Manager Executive Administrative Assistant
thileman@palmdesert.gov lcostagliola@collegeofthedesert.edu
760) 776-6488 (760) 773-2511
14. Quiet Enjoyment. The District covenants that City shall at all times during
the term of this Lease peaceable and quietly have, hold and enjoy the use of the Lease
Area so long as City shall fully and faithfully perform the terms and conditions that it is
required to do under this Lease.
15. District Rules and Regulations. The City agrees that it will abide by, keep
and observe all reasonable rules and regulations which the District may make from time
to time for the management, safety, care and cleanliness of the District Building, Lease
Area, and the surrounding areas, a copy of which shall be provided to the City.
16. Drug Free and Tobacco Free District. No drugs, alcohol, and/or smoking
are allowed at any time in any buildings and/or grounds on District property, including this
District Building and the Lease Area. No City officials, employees, agents and
representatives, and no visitors of the Lease Area are permitted to use controlled
substances, alcohol, or tobacco at the District Building and the Lease Area.
17. Nondiscrimination. The District, City, and all others who from time to time
may use the Lease Area and District Building described herein with the permission and
on the terms and conditions specified by both Parties shall not discriminate in any manner
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against any person or persons on account of race, color, sex, creed, or national origin,
including but not limited to the provision of goods, services, facilities, privileges,
advantages, and the holding and obtaining of employment.
18. Binding on Successors; Assignment. The terms and conditions herein
contained shall apply to and bind the heirs, successors in interest, executors,
administrators, representatives and assigns of all the Parties hereto. However, neither
Party may assign and/or transfer any duties, obligations, or interest in this Agreement,
without the prior written consent of the other Party.
19. Severability. The invalidity of any provision in the Lease as determined by
court of competent jurisdiction shall in no way affect the validity of any other provision
hereof.
20. Force Majeure. Neither Party shall be liable for non-performance due to a
Force Majeure event; provided, however, that the non-performing Party notifies the other
Party and resumes performance as soon as reasonably possible. “Force Majeure” means
any act or event that prevents or delays the affected Party from performing its obligations
in accordance with this Lease, if such act or event is beyond the reasonable control, and
not the result of the fault or negligence, of the affected Party and such Party has been
unable to overcome such act or event with the exercise of due diligence (including the
expenditure of reasonable sums). Force Majeure includes but is not limited to: (i) acts of
God and other natural phenomena, such as storms, extraordinary seasonal conditions,
tornados, hurricanes, floods, lightning, landslides, earthquakes, pandemic or epidemic;
explosions or fires arising from lightning or other causes unrelated to the acts or omission
of the Party seeking to be excused from performance; (iii) acts of war or public disorders,
civil disturbances, riots, insurrection, sabotage or vandalism, epidemic, pandemic,
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terrorist acts, or rebellion; (iv) any industry or trade-wide national labor dispute or strike
or any other strike or labor dispute not directed solely at a contractor or vendor; and (v) a
reasonably unanticipated action, delay or failure to act by a governmental authority,
including a moratorium on any activities related to this Lease.
21. Venue. Any action at law or in equity brought by either of the Parties hereto
for the purpose of enforcing a right or rights provided for by this Lease shall be tried in a
court of competent jurisdiction in the County of Riverside, State of California, and the
Parties hereto waive all provisions of law providing for a change of venue in such
proceedings to any other county.
22. Attorneys’ Fees. In the event of any litigation or arbitration between the
District and City to enforce any of the provisions of this Lease or any right of either party
hereto, each Party shall bear its own costs.
23. Real Property Taxes. The City acknowledges that the District, as a public
community college district, is generally not required to pay any general property taxes on
the District Building. If the City’s use of the Lease Area under this Lease subjects the
District Building to any form of tax the District shall immediately notify City and the City
shall pay all applicable real and personal property taxes, and all other fees, charges,
taxes, or assessments of any type, levied against or resulting from the City’s use of the
Lease Area. Notwithstanding the foregoing, City shall have the right to contest any form
of tax and District shall cooperate with City in this effort.
24. District’s Representative. District hereby appoints Vice President,
Administrative Services, as its authorized representative to administer this Lease.
25. City’s Representative. City hereby appoints the City Manager with
oversight and management of real property matters for the City of Palm Desert as its
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authorized representative to administer this Lease.
26. Entire Lease. This Lease is intended by the Parties hereto as a final
expression of their understanding with respect to the subject matter hereof and as a
complete and exclusive statement of the terms and conditions thereof and supersedes
any and all prior and contemporaneous leases, agreements and understandings, oral or
written, in connection therewith. This Lease may be changed or modified only upon the
signed written consent of the Parties hereto.
27. Counterparts. This Lease may be executed in one or more counterparts,
electronic or otherwise, each of which shall constitute an original.
28. Interpretation. The Parties hereto have negotiated this Lease at arm’s
length with advice of their respective attorneys, and no provision contained herein shall
be construed against the City solely because it prepared this Lease in its executed form.
29. Effectiveness/Governing Board Approval. This Lease shall become
effective upon approval or ratification by the District’s Board of Trustees and the Palm
Desert City Council. Notwithstanding the preceding sentence, this Lease is contingent
upon the termination of that certain lease between the County and District, dated March
2, 1993 (the “County Lease”). If the County Lease is not terminated by the execution of
this Lease, then either party may terminate this Lease by providing a written sixty (60)
day notice thereof to the other party, whereupon this Lease shall be null and void and of
no force and effect.
30. Assignment/Sublease. City shall not, without the prior written consent of
District, which shall not be unreasonably withheld, conditioned, or delayed, assign,
encumber or otherwise transfer this Lease or any interest herein directly or indirectly, by
operation of law or otherwise, or sublet the Lease Area or any part thereof, or permit the
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use or occupancy of the Lease Area by any party other than City (each, a “Transfer”), in
each case without District’s prior written consent, which shall not be unreasonably
withheld, conditioned, or delayed. Notwithstanding the foregoing, City may be permitted,
without the consent of District, to assign or transfer this Lease to a successor or affiliate
of City.
In Witness Whereof, the Parties have executed this Lease Agreement as of the
date first written above.
LESSEE: LESSOR:
CITY OF PALM DESERT, Desert Community College District
a political subdivision of the
State of California
By: By:
L. Todd Hileman Rodrigo Garcia
City Manager Vice President of Administrative Services
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Contract No. C47090
Exhibit A
Exhibit “A”
Depiction of Lease Area
Insert Floor Plan]
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Exhibit A
Exhibit “A”
Depiction of Lease Area
Public Library areas and
corresponding square footage
Unoccupied College Area ^
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Exhibit B
Exhibit “B”
Fee Structure
Annual Fee: $112,313.00 Annual Fee (The District may raise the prior year’s Annual
Fee at a rate not to exceed three percent (3%). However, costs that are assigned to the
lease for personnel (e.g. groundskeeper), which are party to the Annual Fee, may
increase by a percentage increase equal to no more than the statutory Cost of Living
Adjustment for the following fiscal year, as adopted by the California State Legislature,
based on the prior year’s Annual Fee.) The District shall notify the City of the increased
annual rate no later than May 31 each year. Upon proof of work and agreement between
the City and the District, the City may deduct reasonable charges from the base rent for
one-time landscape services described in 3(a) and 3(b) from the first-year lease
agreement.
Custodial Services: City bears all costs for custodial services within the common area
and leased Library Premises.
Facility Improvements (In Excess of Regular Maintenance): City bears all costs.
All other service costs are included as part of the City’s Annual Fee, as set forth in the
Lease.
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88
REQUEST FOR PROPOSAL
INVITATION FOR BIDS
2023-RFP-225
ARCHITECTURAL DESIGN SERVICES - CONCEPTUAL DESIGN OF
MUNICIPAL LIBRARY
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RELEASE DATE: January 16, 2024
DEADLINE FOR QUESTIONS: January 30, 2024
RESPONSE DEADLINE: February 13, 2024, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/cityofpalmdesert
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City of Palm Desert
REQUEST FOR PROPOSAL
Architectural Design Services - Conceptual Design of Municipal Library
I. Background and Introduction ...............................................................
II. Notice Inviting Proposals ......................................................................
III. Scope of Services ..................................................................................
IV. Requests for Clarification ......................................................................
V. Content and Format of Proposal ...........................................................
VI. Selection Process ..................................................................................
VII. Evaluation Phases .................................................................................
VIII. Submittal Requirements .......................................................................
IX. General Conditions ...............................................................................
X. Protests.................................................................................................
Attachments:
A - Project Site Aerial
B - Professional Services Agreement Template (Rev 7-23)
C - Library - Conceptual Design Services - Job Walk Sign-in Sheets 01.23.24
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1. Background and Introduction
1.1. Summary
The City of Palm Desert (“City”) is requesting proposals from qualified firms (“Proposers”) for Architectural
Design Services - Conceptual Design of Municipal Library (“Services”) to establish a Professional Services
Agreement ("Agreement").
To serve and promote the welfare of its residents, the City intends to procure the Services, as desc ribed
below.
City of Palm Desert is requesting qualifications and proposals from Architects to provide conceptual
designs for a new Library building.
1.2. Background
The City is a charter city in the State of California. The City is a thriving community of approximately 50,000
full-time and 32,000 seasonal residents. It is located in the Coachella Valley in eastern Riverside County,
part of the low desert region of Southern California. The City features big-city resources in a friendly,
small-town setting, offering first class educational opportunities, safe and clean streets, as well as plentiful
shopping and community events. Palm Desert is considered the geographical, educational and retail
center of the Coachella Valley.
Incorporated in 1973, the City operates under a council-manager form of government with a five-member
City Council elected at large. Each council member serves a four-year term. The City Council meets on the
second and fourth Thursdays of the month at Palm Desert City Hall, 73-510 Fred Waring Drive.
The City invites the submittal of responses to this Request for Proposals (RFP) from qualified firm(s)
interested in providing architectural services in connection with the Palm Desert Public Library as herein
outlined.
Palm Desert Public Library is a Municipal Library that provides library service to approximately 50,000
city residents in the heart of the Coachella Valley. Beginning July 1, 2024, the Library will be managed by
the City, but for the time being it is run by the County of Riverside via a private contractor.
On June 8, 2023, the City Council voted to form a Library Task Force and on October 12, 2023, the
Council voted to withdraw from the Riverside County Library System and make plans to self-operate its
library. The Library has no official board of trustees at this time, but it is expected to have one soon.
Therefore, at present, the City Council serves as the library governing oversight body. The Library Task
Force is made up of two elected City Council members who serve as liaisons to the task force, and nine
members of the public. A subcommittee of the Library Task Force, along with City staff, will evaluate the
submitted Qualifications and Proposals of the architecture firms for a new library facility and make a
recommendation for the firm(s) with which to proceed, along with at least one alternate, to City Council.
Currently, library services for residents are administered from a 1990s leased facility located on the
neighboring College of the Desert campus. The City will operate from this facility beginning on July 1,
2024, until a new facility can be designed, constructed, and outfitted on city-owned land.
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The City has identified available space on its City Hall campus, on which to build. The available space
currently houses a Sheriff’s substation and enclosed yard. The Sheriff’s substation will be vacated in mid-
2025, and the plan is to raze the building and build the library on the former yard, with the substation
land being converted to above ground parking. This will offer separation from the City Hall campus and
allow greater architectural flexibility in the design. It should be noted that the current substation
features a basement. In addition to a dramatic expansion of services, the City is committed to improving
library spaces and services throughout the City.
PROJECT DELIVERY METHOD:
The City intends to utilize the Design-Build project delivery method. This RFP is for Conceptual Design
only. Once the City has an approved conceptual design and project budget, the City will solicit Bids for
Design-Build services. Bidders will not be required to utilize the same architecture firm that provided the
conceptual designs.
1.3. Contact Information
Project Contact:
Melanie Perry
Senior Management Analyst
73510 Fred Waring Dr
Palm Desert, CA 92260
Email: mramirez@palmdesert.gov
Phone: (760) 776-6450
Procurement Contact:
John Ramont
Deputy Director, Finance
73-510 Fred Waring Drive
Palm Desert, CA 92260
Email: jramont@cityofpalmdesert.org
Phone: (760) 776-6308
Department:
PW - Capital Improvement Projects
1.4. Timeline
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule.
Nothing set forth herein shall be deemed to bind City to award a contract for the Services and City retains
the sole discretion to cancel or modify any part of or all of this RFP at any time.
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Release of Request for Proposal January 16, 2024
Pre-Proposal Meeting (Mandatory) January 23, 2024, 11:00am
Parking Lot in front of "Sheriff Training Center"
Building
73-510 Fred Waring Dr.
Palm Desert, CA 92260
Last Day to Submit Questions for
Clarification
January 30, 2024, 2:00pm
Clarifications Issued by City on or before February 6, 2024, 5:00pm
Deadline for Receipt of Proposals
submitted on or before
February 13, 2024, 2:00pm
Notice of Intent to Award March 14, 2024
2. Notice Inviting Proposals
2.1. NOTICE
RFP No.: 2023-RFP-225
Project Title: Architectural Design Services - Conceptual Design of Municipal Library
Project No. (if applicable): CFA00027
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of Palm Desert (“City”)
electronically through the City of Palm Desert’s ("City") online bid management provider (“OpenGov
Procurement”), until 2:00 pm, Tuesday, February 13, 2024. Proposals may not be submitted by fax, email,
telephone, mail, hand delivery, or other means; any proposals received through any means other than
OpenGov Procurement will be returned to the proposer unopened.
The City is requesting proposals to provide: Conceptual designs for new Library building.
The award of this contract is subject to available budget adequate to carry out the provisions of the
proposed Agreement including the identified scope of work. The City reserves the right to reject any or all
proposals determined not to be in the best interest of the City.
The City of Palm Desert is committed to inclusion and diversity and welcomes proposals and bids from
contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to
disability, gender identity, sexual orientation, or immigration status. The City condemns and will not
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tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of
our community.
2.2. SCOPE OF SERVICES
The Services sought under this Request for Proposals (“RFP”) are set forth in more de tail in the Scope of
Services Section, incorporated herein by this reference. Notwithstanding the inclusion of such Services in
the Scope of Services Section, the final scope of Services negotiated between City and the successful
Proposer shall be set forth in the Professional Services Agreement (“Agreement”) executed by and
between City and the successful Proposer. A copy of the Agreement is attached and incorporated herein
by this reference.
2.3. LICENSE REQUIREMENTS
Unless otherwise provided in the Instructions for Bidders, each Bidder shall be licensed or certified if
required by the nature of the services offered throughout the time it submits its Bid and for the duration
of the Contract: TBD
2.4. REGISTRATION
Interested proposers may register as vendors and download the Request for Proposals (“RFP”). To
register, visit the City's electronic bidding website, OpenGov Procurement, and proceed to "Subscribe" as
a vendor with the City to receive new project notifications. Interested proposers may "Follow" the RFP to
view and/or download the RFP details, receive addenda alerts and notices, and draft and submit a
response.
2.5. PRE-PROPOSAL MEETING
Each Proposer is requested to attend a “mandatory” pre-proposal meeting to be held at 11:00 am on
Tuesday, January 23, 2024, at Parking Lot in front of "Sheriff Training Center" Building 73-510 Fred Waring
Dr. Palm Desert, CA 92260. Failure to attend this meeting will preclude a Proposer from submitting a
proposal. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of
the Services requested.
3. Scope of Services
3.1. Architectural Design Services - Conceptual Design of Municipal Library
Architectural and engineering services shall consist of all items of work necessary to complete a
conceptual and final building program, site planning and conceptual designs (provide 3 options), and
City review for an approximately 20,000 to 25,000 square foot Library. The City is working with a library
consultant, conducting a community engagement program to collect hopes, dreams, and aspirations for
Library services. This data will help to inform a building program for the temporary (current) facility and
the new facility. Experience and expertise of the architect selected for conceptual designs will determine
if the City contracts directly with the Library consultant for additional services to assist with program
validation and furniture and equipment selection.
The following list includes a brief description of the tasks for the Architect to perform, including but not
limited to:
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A. Three (3) conceptual designs, including site planning for the proposed library, including
consideration of the City’s Civic Center Master Plan;
B. Determine parking and landscape requirements;
C. Submittal of the schematic designs to the City Planning Department for review
D. Provide and manage all engineering and specialty consultants required;
E. Selection of interior and exterior materials, finishes, and fixtures (subject to City approval);
F. Interior Design Services, layout and furniture recommendations only. To save costs, the City
would like to explore purchase of furniture and fixtures through CMAS or other similar
contracts;
G. Cost Estimating is to be included with each conceptual design option and Schematic Design
Documents (includes cost reconciliation with third-party Estimator);
H. Design Schedule
The services required for the project may include, but are not limited to:
A. Perform site review and civil engineering studies as needed to establish the basis for the
conceptual design;
B. Develop three (3) conceptual designs for the project which will include, at a minimum, a
proposed site plan, conceptual floor plan, conceptual renderings, budget estimates and
information on building massing and materials;
C. Cost of ownership analysis and value engineering;
D. Attend all project meetings;
E. Meet with the Library and Public Works Directors or their designees to coordinate the project;
F. Facilitate the design planning process through information gathering meetings with
stakeholders and members of the general public if applicable;
G. Prepare Schematic Design documents and drawings for the selected Conceptual Design, showing
compliance with program elements, State guidelines, applicable building and zoning codes,
environmental and conservation requirements, including provisions for required permits and
variances;
H. Conceptual mechanical and electrical information shall be developed;
I. Attend periodic meetings with the Library Trustees and/or Library Task Force, the OPM,
regulatory authorities, and others as needed to ensure that the interests of all parties are
represented in the design process;
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J. While the City has received no grant dollars yet for this project, it will be applying for any and all
grant opportunities. Therefore, it is important that the architect also assist with preparation of
requested materials, as required for submission, to any granting authority;
K. Final color and material presentations for each conceptual design and schematic design will be
prepared for client's approval. Presentations shall consist of color boards, drawings and
professional renderings sufficient to convey the overall design intent;
Building Program / Goals
The building should be designed with triple bottom sustainability in mind; the people (social), planet
(environment), and performance (economic) aspects of sustainability.
Library Customers and Staff
Seniors
Seniors (55+) make up 40.7 percent of the population of Palm Desert and thus the entire library must be
made with them in mind. Accessibility, lighting, sign font-size, etc. Programming for the library will also
heavily revolve around this segment. The library will offer health classes, partner with health providers
for blood pressure and blood sugar readings. Loneliness has reached epidemic proportions in this
country and Palm Desert is not immune. One-resident households make up 37% of the housing mix.
Thus programming and library activities will center on bringing people together to promote community,
centered around common interests, no matter what those interests are.
Family caregivers and children
Children, 18 and younger, make up 12.6% of the Palm Desert population. Ages are evenly distributed,
with a slight uptick from age 10-18. These percentages are supplemented by the occasional visiting
grandchild. Though a smaller percentage of the population, as compared to seniors they are an
important segment of the community and flexible spaces for children and teens must be represented in
the library.
The children’s space should feature flexibility so that it can be programmed differently throughout the
day. As collections are not easily moved, though some shelving should be on casters, dedicated areas for
different aged learners can have complementary accessories for the age group. Early learning
manipulatives next to board books, play store or home equipment next to toddler books, etc. The
children’s space should also feature a small nursing room for mothers who need to breastfeed/pump.
Teen literature (young adult fiction, YA) is not only a popular genre with teens, but with some adults
too. Thus it is acceptable if the library’s teen space does not contain books, save for the occasional
display of popular books, as long as the teen books have adjacency to the teen space.
Other adults
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Other adults make up nearly half the population at 46.7%. They are working adults, parents, college or
trade school students, etc. They lead busy lives and have less leisure time. They want to use the library
in quick fashion, get resources and assistance to aid with children’s homework assignments and books
to read to them at night. They may attend an occasional program at the library and they make use of the
library’s digital resources. White-collar and service industry workers make up 89.9% of the workforce. If
co-working space were made available during convenient hours, they likely would make heavy use of
the space. The City’s unemployment rate is 4.5%.
Veterans
The Riverside County Library System Palm Desert branch makes space available to veteran services
groups that connect veterans with available service. The City plans to continue this tradition.
Unsheltered individuals
Some of the adults and teenagers using the library will be experiencing homelessness. Libraries welcome
all, but we also must exercise balance. Ways libraries are promoting that balance is by offering out -of-
door, though typically protected be eves, large, steam-cleanable mesh lockers (i.e. athletic gear lockers)
for temporary storage, an outdoor shower with modesty screen, temporary mailboxes to receive mail;
etc.
Most importantly, there is a space for social service agencies to meet with these individuals to help
connect them with services and housing.
Staff
The library will likely be home to 18 to 20 full-time equivalent staff. With open hours likely exceeding 70
hours a week, the library will need many part time staff. While two - three staff will have their own
offices other staff will work on the floor and then need desk time in non-public areas at shared
workstations. This means staff will need lockers to secure their belongings, and a staff retreat room for
breaks along with a kitchen and dining area.
Additional City Services
Final Building Program may include office and meeting spaces for City Staff and shared space for Visitor
services.
Safety
As libraries are open to all people many take advantage of the facility, and a few nefarious actors will
also enter and possibly loiter. The building should feature cameras which capture every angle inside and
outside of the building’s perimeter. Libraries have experienced willful property damage including but
not limited to arson, hurtling of library equipment, urination outside of restrooms, and theft of library
property and customers’ personal property. These cameras should be viewable by staff with feeds on to
monitors in two of the three offices.
A public desk for Sherriff’s staff, should they visit the facility for outreach or to complete work, should
be made available and prominently visible in the library.
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Interior shelving should be no more than 60 inches tall to aid with visual sightlines and the children’s
area should be designed with safety and security in mind.
Built for the environment
Per NOAA, the summers in Palm Desert are sweltering and arid, the winters are cool, and it is mostly
clear year-round. Over the course of the year, the temperature typically varies from 44°F to 107°F and is
rarely below 36°F or above 113°F. The hot season lasts for 3.5 months, from June 6 to September 20,
with an average daily high temperature above 99°F. The hottest month of the year in Palm Desert is July,
with an average high of 107°F and low of 79°F. The cool season lasts for 3.2 months, from November 20
to February 27, with an average daily high temperature below 76°F. The coldest month of the year in
Palm Desert is December, with an average low of 45°F and high of 69°F. This said, with the effects of
climate change, the area has seen temperature spikes above 117°F and experienced long spells of
humidity in summer, monsoonal moisture, rainfall, and flooding. Thus, the building must be built with
weather extremes, experienced or yet to be experienced, in mind.
Sustainability in mind
While the city is a proponent of sustainability and expects the building to be built in as sustainable
fashion as possible, and with sustainability for the long-term in mind, it does not plan to seek LEED
designation. This said, the building should adhere to LEED environmentally friendly principles. Lighting
should be task oriented, and the building should take advantage of available sunlight, and use shading
tactically. The landscape should be xeriscape, the roof may feature solar panels, and geothermal heating
and cooling should at least be considered.
Out-of-doors area
Nine months out of the year, Palm Desert features beautiful out-of-doors weather. Thus, the City would
welcome a design that integrates an atrium or other outdoor space such as a reading garden. This space
should be within the controlled confines of the building, either in the center or a fenced side area. A
small water feature emanating the sound of a babbling brook would be welcome. Misters should be
explored.
Style for consideration
Architectural styles fall in and out of favor, but a popular style in the Coachella Valley, that has
experienced a renaissance here over the last 30 years, is Midcentury Modern. So much so that
Modernism Week, an annual 11-day festival, takes place every February in the Coachella Valley. The City
would welcome designs that are planned with Midcentury Modern aesthetics and the extreme weather
in mind.
Single or Multi-story
Libraries with more than one floor of public space must be managed and staffed as if each floor is a
separate library. Thus, the City would like to keep all public functions on one floor. An exception to this
would be a public performance space that is used on occasion. Library offices or staff workspaces could
be located on a separate floor but they would need easy and quick access to the public areas.
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Performance
Today’s library
Modern libraries are no longer book warehouses. They are instead places where people convene,
collaborate, and create. Yes, books are present, but libraries experience circulation of physical materials
and electronic resources in equal measure. Libraries also evolve with the times thus the building should
be designed with short-term and long-term flexibility in mind. In the short-term, spaces will need to be
adaptable on a daily, and sometimes hourly basis. Nearly all spaces need to have a flexible area that can
be easily transformed (e.g. community meeting, tutoring center, storytime). Abundant storage, will be
necessary to allow for the storage of folding tables, chairs, and equipment. Long-term, the space should
be able to adapt to other uses, that are not yet known. Raised technology flooring and utilities that can
be relocated or added to, would be extremely helpful in allowing the building to evolve in the future.
Food and the library
It is often said that humanity gravitates to the kitchen. Many libraries have had success adding teaching
kitchens. In teaching kitchens residents can easily view how to prepare food, but also can prepare food
as well. The Philadelphia Free Library has a successful English as a Second Language program conducted
in an in-library kitchen. Learners gather around the kitchen-prep-table to learn and share their unique
cultures and food.
Library cafes have a long history, often with mixed and/or unsuccessful results. A current successful
library café is based in the Toledo Central Library in Ohio. SAME Café Toledo is a donation-based, fair
exchange nonprofit restaurant that serves healthy food to everyone, regardless of ability to pay. Their
mission is to create community through healthy food access. If the library were to explore including a
café, this would be the model with which the City would be interested. Giving that food-handling
certifications would be necessary were the City to deploy a teaching kitchen and/or café, it likely would
do neither or both and it is very likely the City would collocate them for efficiency purposes, unless the
architecture firm gave good reason to separate. Library hours shift and libraries are often not open at
the same hours every day. Later evening events sometime take place when the library is closed or on
holidays. Thus, any community room and café should have accessibility off-hours.
Convenience
Libraries can offer book-lockers, similar to current Amazon lockers, which allow library customers to pick
up requested books when the library is closed. These obviously need to be located in an accessible
location.
The library should also offer easy pick-up and drop off of collections. This can be accomplished by a
drive-up window, though these too have mixed results in libraries. Sometimes similar results can be
achieved with short-term parking spots near the building entrance for pick-up and a book-return box
connected to the circulation desk by subterranean conveyor belts and an Automated Materials Handling
System (AMS).
The library of things
Libraries have begun to loan items other than books and DVDs. Things one may need for a day or
afternoon but not necessarily need to own. This could include tools, a machine to blow up balloons, a
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meter to measure one’s electrical use at home, specialty cake pans, etc. Thus, in addition to storage
space for chairs and tables the library needs storage space to house these items when they are not
being used by the public.
Library as flexible laboratory
Libraries are also learning laboratories, places where people with common interests can come together
to learn. Yet no library can house these labs as individual spaces. Therefore the library needs a flexible
space, or two, that can be swapped out depending on the day’s needs. In addition to a teaching kitchen
there might be need for sewing machine classes,
3-D printer, soldering work, woodwork, metal shop, gardening, flight simulators, coding lab, genealogy,
personal document preservation training, job training, economic development, etc.
Business support
Libraries also serve as co-working spaces, places where people work individually or in small teams on
projects typically on their own devices. Thus, the library must have ample space for individuals to work
or for teams. The building will need to be zoned for different levels of sound, from a quiet reading area
to a more rambunctious toddler play area. Using a mix of sound masking technology, sound absorbing
surfaces, and dual-paned interior glass in some areas will help to achieve more harmony in given spaces.
Deploying small, close to soundproof, telephone booth-sized rooms for patrons to participate in virtual
job interviews or other virtual meetings in the building would be helpful. The City has no affinity for a
particular brand, but one that is currently on the market is called WiggleRoom.
The library will also do consultation with small businesses sharing proprietary demographic data and
aiding with site selection. Thus, it will need consulting space. A digital (map) table would also aid in this
work.
Signage and wayfinding
Libraries need to connect individuals to the items and services they need, even when they do not know
they need a particular item or service. Signage and wayfinding technology and directional aids will be
important.
One-time promotional event signs are expensive to make and then cause waste when the event is over.
LCD screens are inexpensive but do need power. Thus, the library needs to have ample well-placed
digital signage to promote events and services. The City is open to digital signage on shelving endcaps to
promote shelving contents along with related programs. The library is also open to testing new ways of
wayfinding including floor and shelving indicator lights, similar to those used in today’s parking
structures which lead to available parking spaces.
The library of good smells
All are welcome in libraries. Bringing various people together can sometimes prompt disharmony. The
City wishes to have all tools at its disposal. Scents can have a calming effect and can mask food odors
from cafés or kitchens. Retail establishments and hotels have a long history of using scents to help
establish mood and promote harmony. The City would not be opposed to deploying this technology if
reasonably priced.
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Outreach vehicle storage
City of Palm Desert is in the process of acquiring an outreach vehicle. The Low Speed (electric) Vehicle
(LSV) is street legal on streets with speed limits below 35 mph. With gull-wing side doors that lift to
reveal bookshelves, it will need roof clearance of up to 7 ft. and side clearance for the open gull-wing
side doors of 12 feet. It will need to be stored in a locked area that is visibly screened so as to not be
tampered with, when left unattended overnight. The area will need ingress and egress to an adjacent
roadway.
The Goals
The goals for the building is to be a center of community and for it to serve as a catalyst for community
building and resilience for Palm Desert residents.
The vision for this project is to provide equal access to resources and technologies while encouraging a
sense of community participation and collaboration, advancing community education and outcomes,
maximizing the return on the community’s shared investment and creating safe and inviting spaces for
the residents of Palm Desert.
Conflict of Interest
Proposer acknowledges and agrees that neither Proposer, nor any officer, director, or employee of
Proposer performing services for the City in connection with any agreements resulting from this RFP, has
or may have any material, pecuniary, or other personal interest in any contractor, subcontractor,
consultant, or other entity that may provide any separate or additional materials or services in
connection with any agreement resulting from this RFP. The City reserves the right to disqualify
Proposer’s bid for failure to comply with this section. If Proposer is awarded an agreement subject to
this RFP and it is subsequently found to be in violation of this section, the City reserves the right to void
the award and/or terminate the agreement.
Cone of Silence
A. A Cone of Silence shall be imposed on this RFP upon its advertisement. The Cone of Silence
prohibits the following activities:
a. Any communication regarding this RFP between the Proposer and the City’s professional
staff.
b. Any communication regarding this RFP between the Proposer and any City Committee,
Board, or Commission members.
c. Any communication regarding this RFP between the Proposer and the Mayor or City
Council members.
d. Any communication regarding this RFP between the Proposer and any member of a
selection committee.
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B. The Cone of Silence shall not apply to:
a. Oral presentations before the selection committee.
b. Public presentations made to the City Council during any duly noticed public meeting.
c. Written communications regarding this RFP between the Proposer and the City’s
Purchasing Agent or City employee designated responsible for administering the
procurement process for this RFP, provided the communication is limited strictly to
matters of process or procedure already contained in this RFP.
d. Responses to the City’s request for clarification or additional information. Contract
negotiations during any duly noticed public meeting.
C. Violation of the Cone of Silence by a Proposer shall render the RFP award to Proposer voidable
by the City Council and/or City Manager.
D. The Cone of Silence terminates when the City Council acts, which ends the solicitation, unless
referred back to the City Manager and staff for further review.
Other
A. Subcontracting of services identified in this RFP or subcontracting of specialty consultants may
be permitted only with written authorization by the City Contract Administrator.
B. Prior to the Design Team gaining access to proprietary information in performing services for
the City, the Design Team must agree to protect the information from unauthorized use or
disclosure for as long as it remains proprietary and refrain from using the information for any
purpose other than which it was furnished by the City.
C. The Design Team, at its own cost, shall furnish and maintain all necessary personal protective
safety equipment for their personnel as required for the type of work in accordance with
Occupational Safety and Health Administration (OSHA) and the Contractor’s Safety Program.
D. The Design Team will supply its own transportation and properly insured vehicles. At no time
will the Design Team use or be authorized to use a City-owned vehicle.
E. Time is of the essence for this project. If a firm on the Design Team fails to respond to
reasonable requirements of the Contract Administrator, that firm on the Design Team may be
removed from consideration for the project and for future projects, and/or any existing contract
may be terminated.
4. Requests for Clarification
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All questions, requests for interpretations or clarifications, either administrative or technical must be
requested in writing VIA THE "Q&A" tab through the City’s online bid management provider (“OpenGov-
Procurement”).
All written questions, if answered, will be answered in writing, conveyed to all interested firms, and posted
through OpenGov-Procurement. Oral statements regarding this RFP by any persons should be considered
unverified information unless confirmed in writing. To ensure a response, questions must be received in
writing by 2:00 pm (local time) on Tuesday, January 30, 2024.
5. Content and Format of Proposal
5.1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience.
Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall
be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications,
include an executive summary of the specific approach which will be used to deliver the
work scope; and identify the individual(s) name, address and phone number authorized to
negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses
the individual or firm’s experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar
in scope and function to this RFP. Provide a description of the project (including initial
budget and final cost), client name, and the name, title, and telephone number of the
primary contact person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the
names/discipline/job title of each as well as your firm’s capacity to provide additional
personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the
City. Indicate the role, responsibility, qualifications and experience of each individual.
3. Team Organization: Describe proposed team organization, including identification and
responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and
identify the subcontractor that is anticipated to perform each function.
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D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City.
Proposer should take into account the scope of the Services, and general functions required.
Include a draft first year schedule of tasks, milestones, and deliverables that will provide for
timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to
the City’s attention within the discussion of its proposed method to accomplish the work.
*Response required
5.2. Fee Proposal*
Please provide a not-to-exceed fee proposal for the scope of Services. Fee should be itemized by
consultant(s) services (e.g. Architectural, Civil, Structural, etc.). The fee proposal shall include hourly rates
for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached
herein).
*Response required
5.3. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the
following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not
directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not
directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a
sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other
Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All
statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her
Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any
person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents that
he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
☐ Please confirm
*Response required
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5.4. SAM.gov*
Please enter your legal entity name for SAM.gov verification.
*Response required
5.5. Type of Business*
☐ C Corporation (if corporation, two signatures are required)
☐ S Corporation (if corporation, two signatures are required)
☐ Limited Liability C Corporation (if corporation, two signatures are required)
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required
5.6. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of
Services in the last five (5) years (or type "N/A").
*Response required
5.7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The
Proposer shall identify any objections to and/or request changes to the standard contract language in this
section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the
redlined Language/Agreement with your Proposal. Changes requested may affect theCity's decision to
enter into an Agreement.
*Response required
5.8. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this
RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be
clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to
carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions
therein (or type "N/A").
*Response required
5.9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services.
Describe their qualifications, education, and professional licensing.
*Response required
5.10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
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A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
*Response required
5.11. Certification of Proposal*
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.
☐ Please confirm
*Response required
6. Selection Process
A. During the evaluation process, the City reserves the right, where it may serve the City's best
interest, to request additional information or clarifications from Proposers, or to allow
corrections of errors or omissions.
B. It is the City’s intent to select a Proposer best evidencing demonstrated competence and
professional qualification to perform the Services. The City reserves the right to reject all
proposals, select by proposal review only or interview as needed. Certain Proposers may be
selected to make a brief presentation and oral interview after which a final selection will be made.
The successful Proposer will be selected on the basis of information provided in the RFP, in-person
presentations, and the results of the City’s research and investigation. Upon selection of a
Proposer, the City will endeavor to negotiate a mutually agreeable NO VALUE with the selected
Proposer. In the event that the City is unable to reach Agreement, the City will proceed, at its sole
discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to
contract for services in the manner that most benefits the City including awarding more than one
contract if desired.
C. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final
recommendation to the City Council concerning the proposed Agreement. The City Council has
the final authority to approve or reject the Agreement.
7. Evaluation Phases
No. Evaluation Criteria Scoring Method Weight (Points)
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1. Clarity and conformance of proposal to the
RFP
0-5 Points 10
(10% of Total)
2. Content of the proposal, including work plan 0-5 Points 25
(25% of Total)
3. Firm experience and performance 0-5 Points 35
(35% of Total)
4. Team members' experience and performance 0-5 Points 20
(20% of Total)
5. Comments by References 0-5 Points 5
(5% of Total)
6. Fee Proposal 0-5 Points 5
(5% of Total)
8. Submittal Requirements
8.1. General
It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow
the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be
addressed and all requested data shall be supplied. The City reserves the right to request additional
information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number
of qualified employees, business organization, and financial resources are adequate to perform according
to the Agreement.
8.2. Preparation
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of
capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer’s
demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are
not necessary or desired. However, technical literature that supports the approach to providing the
Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on
completeness, approach to the work and clarity of proposal.
8.3. Site Examination
Proposers may visit the City and its physical facilities to determine the local conditions which may in any
way affect the performance of the work; familiarize themselves with all federal, state and local laws,
ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations,
as it may deem necessary for performance of the Services at its proposal price within the terms of the
Agreement; and correlate its observations, investigations, and determinations with the requirements of
the Agreement.
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8.4. Authorization
The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal
documents on behalf of the Proposer.
8.5. Confidentiality of Proposal
Proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to
disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after
either City and the successful Proposer have completed negotiations and entered into an Agreement or
City has rejected all proposals. All correspondence with the City including responses to this RFP will
become the exclusive property of the City and will become public records under the California Public
Records Act. The City will have no liability to the Proposer or other party as a result of any public disclosure
of any proposal or the Agreement.
If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public
Records Act, the Proposer must mark it as such and state the specific provision in the California Public
Records Act which provides the exemption as well as the factual basis for claiming the exemption. For
example, if a Proposer submits trade secret information, the Proposer must plainly mark the information
as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides
the exemption as well as the factual basis for claiming the exemption. If a request is made for information
marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide
Proposers who submitted the information with reasonable notice to seek protection from disclosure by a
court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to
give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer
shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from
and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought
to compel the release of Proprietary Information.
Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without
justification may be deemed unresponsive and disqualified from further participation in this RFP.
8.6. Submittal Instructions
The proposal must be received no later than 2:00 pm, on or before Tuesday, February 13, 2024 through
the City’s electronic bidding system, OpenGov Procurement. It is solely the responsibility of Proposer to
see that its proposal is properly submitted in #Content and Format of Proposal in proper form and prior
to the stated closing time. The City’s electronic bidding system will not accept late proposals. The City will
only consider proposals that have transmitted successfully and have been sent an email with a time stamp
from the City’s electronic bidding system indicating that the proposal was submitted successfully.
Proposers shall be solely responsible for informing themselves with respect to the proper utilization of
the City’s electronic bidding system, ensuring the capability of their computer system to upload the
required documents, and the stability of their internet service. Failure of the Proposer to successfully
submit an electronic proposal shall be at the Proposer’s sole risk, and no relief will be given for late and/or
improperly submitted proposals.
Proposers experiencing any technical difficulties with the proposal submission process may contact
OpenGov Procurement Support using the instant help chat function (located at the bottom right of the
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screen while on the website) during business hours, or by emailing support@procurenow.com. Neither
the City nor OpenGov Procurement make any guarantee as to the timely availability of assistance or
assurance that any given problem will be resolved by the proposal submission date and/or time.
9. General Conditions
9.1. Federal Requirements
If the Services are funded through a federal funding source, the successful Proposer and its
subconsultants/subcontractors shall be required to take cognizance of and comply with all requirements
set forth in the Federal Requirements, attached and incorporated herein by this reference.
9.2. Amendments to RFP
The City reserves the right to amend the RFP or issue to all Proposers addenda to answer questions for
clarification.
9.3. Amendments to Proposals
Unless specifically requested by the City, no amendment, addendum or modification will be accepted
after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired,
the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline
stated herein for receiving proposals.
9.4. Non-Responsive Proposals
A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of
form, additions not called for, or other irregularities that may constitute a material change to the proposal.
9.5. Costs for Preparing
The City will not compensate any Proposer for the cost of preparing any proposal, and all materials
submitted with a proposal shall become the property of the City. The City will retain all proposals
submitted and may use any idea in a proposal regardless of whether that proposal is selected.
9.6. Cancellation of RFP
City reserves the right to cancel this RFP at any time prior to contract award without obligation in any
manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this
RFP.
9.7. Price Validity
Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date.
The City intends to award the contract within this time but may request an extension from the Proposers
to hold pricing, until negotiations are complete, and the contract is awarded.
9.8. No Commitment to Award
Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly
reserves the right to postpone the proposal for its own convenience, to accept or reject any or all
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proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to
cancel all or part of this RFP.
9.9. Right to Negotiate and/or Reject Proposals
City reserves the right to negotiate any price or provision, task order or service, accept any part or all of
any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals,
whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying
public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City’s
requirements.
9.10. Non-Discrimination
The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical
condition, disability or gender in consideration for an award of contract.
The City's commitment to diversity and inclusion can be found here.
10. Protests
The procedures set forth in this section are mandatory and are the sole and exclusive remedy of a bidder,
proposer or other vendor to dispute the award of a contract that the city solicits through a competitive
process. A protest that does not comply with these procedures with these procedures may be summarily
rejected and the person submitting the protest shall be deemed to have waived all rights to relief.
10.1. Protests of Solicitation Method
By submitting a bid, proposal or other application for a contract award, the bidder, proposer or other
vendor shall be deemed to have waived all rights to challenge the city's method for procuring the contract
or any discrepancy in the solicitation process or documents. Bidders, proposers, or vendors may submit
bids, proposals or other applications under protest. Protests under this section shall be submitted in
writing to the official designated to receive the bid, proposal or other application and shall contain a full
summary of the factual and legal basis for the protest.
10.2. Waiver
Any person that: (1 ) did not directly submit a bid or proposal, (2) is not responsible or qualified to receive
the contract, (3) failed to submit a responsive bid or proposal, (4) is not in line to receive the contract or
is otherwise ineligible to receive the contract, (5) is otherwise not beneficially interested in the award, or
(6) fails to submit a timely protest shall be deemed to have waived the right to protest the award of the
contract. Any protest deemed waived will be subject to summary rejection without further consideration
and the person will have no right to any relief.
10.3. Protests of Award
A bidder, proposer or other vendor applying for a city contract through a competitive process may submit
a written protest of the award of the contract. The protest shall identify and explain the factual and legal
grounds for the protest. Any grounds not raised in the written protest are deemed waived by the
protesting bidder.
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10.4. Timing of Protest of Award
Protests shall be submitted in writing to the official designated to receive the bid, proposal or other
application within the following times:
A. If of another bidder, within five (5) calendar days after the bid opening date.
B. If the NO VALUE makes a recommendation to the City Council/Housing Authority to award a
proposal or other application, then within five (5) calendar days following the issuance of the
recommendation and prior to the date of the award.
C. If in response to a notice of intent to reject a bid, proposal or other application, then within five
(5) calendar days following the issuance of the notice of intent.
10.5. Protest Review and Response
If the protest is timely and complies with the above requirements, the NO VALUE shall review the protest,
any response from the challenged bidder, proposer or other vendor, and all other relevant information.
The NO VALUE will provide a written decision to the protester in a reasonable amount of time. If the
protest is in response to a recommendation of award to the NO VALUE then the protest will be considered
concurrently with the award of the contract, and the approval authority's action is final.
10.6. Conflicts
The protest procedures contained in this section shall not apply if a particular solicitation contains a
different protest procedure. This section does not limit or eliminate a claimant's obligations under the
Government Claims Act, Government Code Section 900 et seq.
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Contract No. C47340
1
Revised 01-2024
BBK 72500.00001\32374915.1
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1.Parties and Date. This Agreement is made and entered into this 28th day of March, 2024,
by and between the City of Palm Desert, a municipal corporation organized under the laws of the
State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California 92260-2578 (“City”) and Richärd Kennedy Architects, Inc., a Corporation, with its
principal place of business at 363 5th Ave., Suite 202, San Diego, CA 92104 ("Vendor"). The City
and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for the following project:
New Library Facility Project
Project No. CFA00027
(hereinafter referred to as “the Project”).
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3.Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the services necessary for the Project ("Services"). The
Services are more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference. All Services shall be subject to, and performed in accordance with, this Agreement,
the exhibits attached hereto and incorporated herein by reference, and all applicable local, state
and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from April 15, 2024, to
November 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the
Services within the term of this Agreement and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Neither City, or any of its officials, officers,
directors, employees, or agents shall have control over the conduct of Consultant or any of
Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
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responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit "B" attached
hereto and incorporated herein by reference. Consultant represents that it has the professional
and technical personnel required to perform the Services expeditiously. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: James Richärd - Lead
Designer, Stephen Kennedy – Lead Technical Architect, Kelly Bauer – Lead Interior
Designer, Jeremy Kotter – Senior Project Manager, Lee Swanson – Senior Library
Programmer and Planner.
3.2.5 City's Representative. The City hereby designates Ryan Lamb, Senior
Project Manager, or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the scope of Services or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Jeremy
Kotter, Senior Project Manager, or his/her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants, and other staff
at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
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necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided herein. Any employee of the Consultant or its sub-consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re-employed to perform any of the Services
or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately
agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees
that if the Services are not completed within the aforementioned Performance Time and/or
pursuant to any such Performance Milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
Neither City nor Consultant shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non-performing
Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A
Force Majeure Event shall mean an event that materially affects a Party’s performance and is one
or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a
public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable
and unforeseeable delay in the issuance of permits or approvals by governmental authorities that
are required for the services); (4) strikes and other organized labor action occurring at the site
and the effects thereof on the services, only to the extent such strikes and other organized labor
action are beyond the control of Consultant and its subcontractors, and to the extent the effects
thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or
quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes
ordinances, emergency proclamations and orders, rules to protect the public health, welfare and
safety, and other actions of a public agency applicable to the services and Agreement.
Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of
being prevented from performing, give written notice to the other Party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party
responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services and shall give
all notices required by law. Consultant shall be liable for all violations of such laws and regulations
in connection with the Services and this Agreement. All violations of such laws and regulations
shall be grounds for the City to terminate the Agreement for cause.
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3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a
violation of any such law within the five (5) years immediately preceding the date of execution of
this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer, and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, physical
disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual
orientation, reproductive health decision making, veteran or military status, or any other
consideration made unlawful by federal, state, or local laws. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply
with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan
or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.3 Safety. Consultant shall execute and maintain its work so as
to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant’s
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liability Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liability (Errors & Omissions) Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
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effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers’ Compensation Insurance. Consultant shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees, volunteers, and representatives.
(E) Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(1)A drop-down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2)Pay on behalf of wording as opposed to reimbursement;
(3)Concurrency of effective dates with primary policies; and
(4)Policies shall “follow form” to the underlying primary
policies.
(5)Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A)Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B)Duration of Coverage. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C)Primary/Non-Contributing. Coverage provided by
Consultant shall be primary and any insurance or self-insurance procured or maintained by City
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shall not be required to contribute with it. The limits of insurance required herein may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
(D) City’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees, volunteers, and representatives or
shall specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against the City, its elected or appointed officers, agents, officials,
employees, volunteers and representatives and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
(G) Enforcement of Contract Provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
(J)Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, volunteers and
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representatives shall be additional insureds with regard to liability and defense of suits or claims
arising out of the performance of the Agreement, under such policies. This provision shall also
apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) City’s Right to Revise Specifications. The City and the City’s
Risk Manager reserve the right at any time during the term of the Agreement to change the
amounts and types of insurance required by giving the Consultant ninety (90) days advance
written notice of such change. If such change results in additional cost to the Consultant, the City
and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timely Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant’s
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
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drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with laws,
regulations, and ordinances listed in this Section is a violation of federal and state law. Consultant
warrants that all employees and subcontractors shall have sufficient skill and experience to
perform the work assigned to them without impacting water quality in violation of the laws,
regulations, and policies of this Section.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed SIX HUNDRED FORTY-TWO THOUSAND EIGHT HUNDRED SIXTY FIVE Dollars
($642,865.00) without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date of
provided Services or termination of this Agreement and failure by the Consultant to submit a timely
invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify, and hold the
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City, its officials, officers, employees, agents, volunteers and representatives, free and harmless
from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of Services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify, and hold the City, its officials, officers, employees, agents, volunteers
and representatives free and harmless from any claim or liability arising out of stop orders issued
by the DIR against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. The rights and remedies of the City provided in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law, equity or under
this Agreement.
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3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Early Termination. Notwithstanding any provision herein to
the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate
funds for future payment under the Agreement after exercising reasonable efforts to do so, the
City may upon seven (7) days’ written notice, order work on the Project to cease. Upon
termination, Consultant shall be compensated only for those Services which have been
adequately rendered to City, and Consultant shall be entitled to no further compensation.
3.6.1.4 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Richärd Kennedy Architects, Inc.
4450 N. 12th St., Suite 200
Phoenix, AZ 85014
ATTN: Jeremy Kotter, Senior Project Manager
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Ryan Lamb, Capital Projects
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City at
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the actual cost of duplication. In the event of a dispute regarding the amount of compensation to
which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents
& Data the subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use
or reuse of the Documents and Data or any part of them at any time for purposes of this Project
or another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents, and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment, or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification – Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents
and representatives free and harmless, pursuant to the indemnification provisions of this
Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name,
trademark, or any other proprietary right of any person or entity in consequence of the use on the
Project by City of the Documents & Data, including any method, process, product, or concept
specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
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the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from
releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal
counsel determines that the release of the Proprietary Information is required by the California
Public Records Act or other applicable state or federal law, or order of a court of competent
jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary
Information. Consultant shall have five (5) working days after receipt of the release notice to give
City written notice of Consultant's objection to the City's release of Proprietary Information.
Consultant shall indemnify, defend, and hold harmless the City, and its officers, directors,
employees, agents, volunteers and representatives from and against all liability, loss, cost or
expense (including attorney’s fees) arising out of a legal action brought to compel the release of
Proprietary Information. City shall not release the Proprietary Information after receipt of an
objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of
legal counsel), and hold City harmless from any legal action brought to compel such release;
and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City
release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
3.6.5 [Reserved]
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall
defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers,
employees, volunteers, agents, and representatives free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or
equity, to property or persons, including wrongful death, in any manner arising out of, pertaining
to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subconsultants or agents in connection with the performance of the
Consultant’s Services, the Project or this Agreement, including without limitation the payment of
all expert witness fees, attorney’s fees and other related costs and expenses except such loss or
damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, volunteers, or representatives.
3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.7 Entire Agreement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
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understandings, or agreements.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Consultant include all personnel, employees, agents, and
subconsultants of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, volunteers, and representatives
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
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paid, nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND RICHÄRD KENNEDY ARCHITECTS, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L.Todd Hileman,
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
RICHÄRD KENNEDY ARCHITECTS, INC. ,
A CORPORATION
By:
Stephen J. Kennedy
President/CEO
By:
James E. Richärd
Treasurer
QC: MN
Insurance:
_____
Initial Review
_____
Final Approval
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Contract No. C47340
Exhibit “A”
Revised 01-2024
BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
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S C O P E O F S E R V I C E S L E T T E R
CLIENT City of Palm Desert
PROJECT NAME Conceptual Design of Municipal Library
DATE 02/13/2024
Ms. Melanie Perry Mr. John Ramont
Senior Management Analyst Deputy Director, Finance
73510 Fred Waring Dr 73510 Fred Waring Dr
Palm Desert, CA 92260 Palm Desert, CA 92260
Direct: (760) 776-6450 Direct: (760) 776-6308
e-mail: MRamirez@PalmDesert.gov e-mail: JRamont@PalmDesert.gov
Thank you for considering Richärd Kennedy Architects (RKA) for the conceptual and schematic design of the new Palm
Desert Municipal Library. We are excited about this opportunity to work with the City of Palm Desert and project
stakeholders and we are pleased to offer our services for this significant project.
This scope of services letter, the associated fee proposal, and project schedule are based on the previously provided
request for proposal (RFP) materials and addenda, published City of Palm Desert standards and requirements, and the
pre-proposal site visit held on Tuesday January 23rd, 2024.
PROJECT DESCRIPTION
Richärd Kennedy Architects (RKA) will provide professional design services through the Schematic Design phase for a
new 20,000 to 25,000 square foot full-service library to be located along Fred Waring Drive in Palm Desert, California on
an existing City of Palm Desert-owned parcel. The total project budget for design and construction has not been
established. It is anticipated that this project will be delivered in a future phase utilizing a Design-Builder procured
through a competitive public RFP process administered by the City of Palm Desert.
PROJECT PHASES & DELIVERABLES
Project phasing is proposed to follow the Project Schedule and durations attached to this correspondence. Project
phases and anticipated activities and deliverables shall be per the outline below.
PREDESIGN
•Communication Plan
•Design Schedule Review
•Goal Setting & Visioning
o New Palm Desert Municipal Library: Vision, Mission, & Values
o Sustainability Goals
o Library Community Survey Outcomes
•Data Collection
o Zoning Code: height, setbacks, lot coverage, parking requirements,
o Building Code
o Accessibility, Environmental & Conservation Requirements
o Plat definition: easements, restrictions
o Library Service Area & Demographics
•Existing Site Conditions: Metes & Bounds, Topography, Utilities
•Site Analysis: Viewsheds, Climate Data, Solar Path, Wind Rose, Surrounding Context, Roadways, Public
Transportation, Vehicular & Pedestrian Access, Fire Access, Site Photography
•Facilities & Maintenance Requirements
•Program Clarification & Refinement
o Community, Technology Space(s), Library Services, Adult Program + Collection, Young Adult,
Youth Services, Volunteers, Staff/Workplace, Building Services
o Room Data Sheets: Size, Program adjacencies, Furniture, Fixtures & Equipment (FFE), Technology,
Lighting, Acoustics, Concept Images
•Program Component Cost Modeling by Space Type
Contract No. C47340 EXHIBIT "A"
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DESIGN CHARRETTE
•Goals l Facts l Needs – Overview
•Area Gaming:
o Youth + Young Adult
o Adult
o Flexible Technology Spaces
o Staff + Work Areas
o Service
•Library + Site Gaming
•Civil + Landscape Workshop
•Engineering Systems Workshop
•Design Team Working Sessions
•Design Team “Office Hours” for additional “drop-in” interaction with City staff
THREE CONCEPTS DESIGN
•Develop three conceptual (low/middle/high) approaches to the library design
•Deliverable: 3 Concepts Report; included for each concept:
o Site Plan
o Floor Plans
o Renderings: Exterior & Interior
o Material Palette
o Cost Estimate
o Predicted Energy Usage Intensity (pEUI)
o Predicted Operational & Maintenance Cost
o Predicted Embodied Carbon
•Qualitative assessment relative to project Goals & Vision
•3 Concepts Presentation to Library & City Leadership
•Public Presentation (if requested by City of Palm Desert)
•City of Palm Desert – Owner Feedback
•Review & Resolution of City comments
•City of Palm Desert - Selection of Preferred Concept
SCHEMATIC DESIGN
•Develop Preferred Concept for formal Schematic Design submittal
•Deliverable: Schematic Design package
o Civil
o Landscape
o Architecture + Interior Design
o FFE
o Material Palette
o Structural
o Mechanical + Plumbing
o Electrical
o AV/IT + Security
o Acoustics
o QAQC Review
•City of Palm Desert – Owner Feedback
•Review & Resolution of Library Task Force Comments
•Review & Resolution of Planning Department Comments
FINAL DELIVERABLES
•Incorporate Schematic Design resolutions into final deliverable
•Final Deliverable – Final Schematic Design Package & Material Boards
GRANT WRITING & FUNDRAISING CONTENT ASSISTANCE
•On-call services: Visuals & Technical Writing to support City grant writing & fundraising efforts
Contract No. C47340
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Contract No. C47340
Exhibit “B”
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BBK 72500.00001\32374915.1
EXHIBIT "B"
SCHEDULE OF SERVICES
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24City of Palm Desert, Architectural Services Conceptual Design of Municipal Library
ID Task Name Duration Start Finish
1 Receipt of Proposals 0 days Tue 2/13/24 Tue 2/13/24
2 Notice of Intent to Award 0 days Thu 3/14/24 Thu 3/14/24
3 AE Fee Proposal & Scoping Review with CoPD 0 days Tue 3/19/24 Tue 3/19/24
4 AE Design Fee Approval 16 days Wed 3/20/24 Thu 4/11/24
5 AE Update Fee per Scoping Review (as needed)5 days Wed 3/20/24 Tue 3/26/24
6 CoPD Review & Comments 5 days Wed 3/27/24 Tue 4/2/24
7 AE Proposal Clarifications & Revisions 3 days Wed 4/3/24 Fri 4/5/24
8 City Council Approval 0 days Thu 4/11/24 Thu 4/11/24
9 Predesign 30 days Mon 5/6/24 Fri 6/14/24
10 Predesign Work Period 20 days Mon 5/6/24 Fri 5/31/24
11 Predesign Workshop in Palm Desert 2 days Tue 5/14/24 Wed 5/15/24
12 Programming Report 0 days Fri 5/31/24 Fri 5/31/24
13 CoPD Review & AE Resolution 5 days Mon 6/3/24 Fri 6/7/24
14 Design Charette 5 days Mon 6/10/24 Fri 6/14/24
15 Design Charette in Palm Desert 5 days Mon 6/10/24 Fri 6/14/24
16 Three Concepts Design 40 days Mon 6/17/24 Fri 8/9/24
17 Three Concepts Design Work Period 35 days Mon 6/17/24 Fri 8/2/24
18 Three Concepts Design Presentation 0 days Mon 8/5/24 Mon 8/5/24
19 Public Presentation 0 days Tue 8/6/24 Tue 8/6/24
20 CoPD Review & AE Resolution 5 days Mon 8/5/24 Fri 8/9/24
21 Preferred Concept Selection 0 days Fri 8/9/24 Fri 8/9/24
22 Schematic Design (15%)70 days Mon 8/12/24 Fri 11/15/24
23 Schematic Design Work Period 45 days Mon 8/12/24 Fri 10/11/24
24 Schematic Design QAQC 5 days Mon 10/14/24 Fri 10/18/24
25 CoPD Review & AE Resolution 10 days Mon 10/21/24 Fri 11/1/24
26 Schematic Design Final Deliverable Work Period 10 days Mon 11/4/24 Fri 11/15/24
27 Final Schematic Design Package & Material Boards 0 days Fri 11/15/24 Fri 11/15/24
28 Grant Writing & Fundraising Content Assistance 0 days Mon 11/18/24 Mon 11/18/24
29 On-call Services to Support CoPD 0 days Mon 11/18/24 Mon 11/18/24
2/13
3/14
3/19
4/11
5/31
8/5
8/6
8/9
11/15
11/18
11/18
11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29Feb '24 Mar '24 Apr '24 May '24 Jun '24 Jul '24 Aug '24 Sep '24 Oct '24 Nov '24 Dec '24 Jan '25
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Page 1
Project: City of Palm Desert Date: Mon 2/13/24
Proposed Method to Accomplish the Work
Schedule + Milestones + Deliverables Contract No. C47340
EXHIBIT "B"
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Exhibit “C”
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BBK 72500.00001\32374915.1
EXHIBIT "C"
COMPENSATION
Basic Services $ 499,865
Reimbursables $ 15,000
Contingency $ 128,000
Total: $ 642,865
Contingency belongs solely to the City and shall be expended only upon written direction by the
City, to be granted or denied in its sole discretion. Any Contingency amount not fully consumed
shall belong solely to the City and shall be refunded to the City by a deductive change order.
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PROJECT TEAM
Richärd Kennedy Architects (RKA) will hold the primary design services contract with the City of Palm Desert for this
effort. We will utilize an experienced team of professional consultants to perform the work, as follows:
Design Team Member Discipline(s)
Richärd Kennedy Architects Library Programming and Planning + Architecture
Interior Design + FFE + Project Management
Kimley Horn Civil + Structural + MPE
Colwell Shelor Landscape Architecture
NV5 Lighting Design + AV/IT + Security + Acoustics
Abacus Cost Estimating
PROPOSAL OF FEE / TERMS
The Richärd Kennedy Architects (RKA) team has prepared our fee proposal for professional design services based upon
this “Scope of Services Letter” and “Project Schedule.” This fee proposal is based upon the anticipated hourly labor
required to complete the scope of services within the scheduled phase durations. Our proposal assumes that the Owner
is responsible for providing the followings information to the design team: Geotechnical Report, Site Survey (including
boundary, topographic, & utility information), however we have provided allowances for these scopes below should the
City of Palm Desert elect to have our team perform these services for the project.
Basic Design Services
Civil Engineering $29,900
Landscape Architecture $22,000
Architecture & Project Management $278,000
Library Programming & Interior Design & FFE $48,000
Structural Engineering $23,000
MPE Engineering $26,000
Lighting & AV/IT & Security & Acoustics $29,950
Cost Estimating $43,015
Basic Services Subtotal $499,865
Allowances for Additional Design Services
per City of Palm Desert Scoping Review
Geotechnical Report $5,800
Site Survey $4,700
Preliminary Water Quality Management Plan $4,900
Preliminary Hydrology Analysis Report & Calculations $4,900
Preliminary Fine Grading & Drainage Plan $4,300
Preliminary Wet Utility Plan $3,900
Grant Writing & Fundraising $9,980
Allowances for Authorized Reimbursable Expenses
Air Travel (per round trip occurrence) $250
Lodging (per diem) $175
Mileage (per mile) $0.67
Direct Expenses for Material Boards $1,200
Contract No. C47340 EXHIBIT "C"
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Upon City of Palm Desert written request, Additional Services shall be provided by the design team at the
hourly rates provided in the table below.
Richärd Kennedy Architects $/hr
Lead Designer $376.80
Lead Technical Architect $376.80
Lead Interior Designer $180.00
Sr. Project Manager $208.01
Sr. Library Programmer + Planner $203.46
Sr. Project Architect $203.46
Project Architect $162.77
BIM/Visualization $143.18
Sr. Designer $143.18
Designer $97.97
Jr. Designer $91.95
Job Captain $103.99
Sr. Interior Designer $144.68
Jr. Interior Designer $85.90
Construction Administrator/Specifier $192.93
Administrative $90.58
Kimley Horn $/hr
Analyst I $130.00 - $160.00
Analyst II $170.00 - $200.00
Professional $195.00 - $230.00
Senior Professional I $245.00 - $315.00
Senior Professional II $340.00 - $410.00
Senior Technical Support $115.00 - $290.00
Technical Support $105.00 - $165.00
Support Staff $85.00 - $145.00
Colwell Shelor $/hr
Principal Landscape Architect $200.00
Project Landscape Architect $175.00
Project Manager $150.00
Designer $110.00
Technical $95.00
Administrative $75.00
NV5 $/hr
Principal-In-Charge $250.00
Principal Designer $230.00
Associate Principal $210.00
Project Consultant / Technology Planner $195.00
Software Developer / Specialist $195.00
Designer $195.00
Asst Designer $135.00
Project Coordinator $135.00
Graphic Artist $135.00
Sr. BIM Modeler / CAD Specialist $115.00
BIM Modeler / CAD Specialist $100.00
Administration $65.00
Abacus $/hr
Principal $203.67
Project Director $181.40
Sr. Cost Estimator $165.48
Cost Estimator (incl MEP) $149.57
Administrative Asst I $71.07
Administrative Asst II $76.38
Contract No. C47340
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