14-046 Hunt Design for consultant services for McClellan Park Signage Program ProjectOFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
March 26, 2014
Hunt Design
25 North Mentor Avenue
Pasadena, CA 91106
Re: Agreement for consultant services
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777 -3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HUNT DESIGN
FOR PROFESSIONAL DESIGN CONSULTANT SERVICES FOR THE
McCLELLAN PARK SIGNAAGE PROGRAM PROJECT
' d c1
THIS AGREEMENT, for reference dated March 14, 2014 is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as
"CITY "), and Hunt Design, a Californi, a S corporation, whose address is 25. North
Mentor Avenue, Pasadena, C, _A 91106, hereinafter referred to as "CONSULTANT'),
and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform
the special services which will be :required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this
Agreement on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for consultant
design services for McClellan Park Signage Program upon the terms and
conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on November 30, 2014, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A ".
titled "Scope of Services" which is attached hereto and incorporated herein by
this reference.
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3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule
set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto
and incorporated herein by this reference.
4. COMPENSATION TO CONSUL,rANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed ($70,000). The rate of payment is set out in Exhibit C,
titled "Compensation ", which is attached hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit
monthly invoices for interim progress payments during the course of each phase,
clearly stating as a minimum the total Contract amount, amount paid to date,
percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer- independent contractor. The manner and
means of conducting the work are under flie control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer- employee relationship from any fees due
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Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity
and employment authorization of all of His/her employees performing work
hereunder, pursuant to all applicable IRCA or other federal, or state rules and
regulations. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
9. NON - DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer /employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes under this Agreement. Katy Jensen, is hereby designated as the
Director of Public Works' designee and Project Manager, and shall supervise the
progress and execution of this.Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project
Manager to have overall responsibility for the progress and execution of this
Agreement for Consultant. Should circLi nstances or conditions subsequent to
the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project Manager designee shall be subject to the
prior written acceptance and approval of the City Project Manager. The
designated Consultant Project Manager shall be Jennifer Bressler.
11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability. Where the law establishes a standard
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of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or
is alleged to have breached or r= =ailed to meet such standard of care,
Consultant shall, to the fullest extent allowed by law, with respect to all
services performed in connection with the Agreement, indemnify, defend,
and hold harmless the City and its officers, officials, agents, employees
and volunteers from and against: any and all liability, claims, actions,
causes of action or demands against any of them, including any injury to
or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant or Consultant's
employees, officers, officials, age).-its or independent contractors. Such
costs and expenses shall include reasonable attorneys' fees of counsel of
City's choice, expert fees and. all other costs and fees of litigation.
Consultant shall not be obligated under this Agreement to indemnify City
to the extent that the damage is caused by the sole or active negligence or
willful misconduct of City, its agents or employees.
B. Claims for Other Liability., Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with
the Agreement, indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers against any and all
liability, claims, actions, causes of action or demands whatsoever from
and against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct
of Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of cowlsel of City's choice, expert fees and all
other costs and fees of litigation. Consultant shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused
by the sole or active negligence or willful misconduct of City, its agents or
employees.
C. Claims involving intellectual property. In addition to the
obligations set forth in (A) and (B) above, Consultant shall indemnify,
defend, and hold the City, its elected and appointed officers, employees,
and volunteers, harmless from and against any Claim in which a violation
of intellectual property rights, including but not limited to copyright or
patent rights, is alleged that arises out of, pertains to, or relates to
Consultant's negligence, recklessness or willful misconduct under this
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Agreement. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Cupertino by certified mail, Attention: City Manager.." It is agreed
that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1)
(2)
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Workers' ComEensalion:
Statutory coverage as required by the State of California.
Liability:
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amounts of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
March 14, 2014
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(3) Automotive:
Comprehensive automotive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: 5100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least $1,000,000.
B. SUBROGATION WAIVER.:
Consultant agrees that in the event of loss due to any of the perils for
which he /she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and Commissions, officers, employees and
volunteers shall be named as an additional insured under all 'insurance
coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect anyrecovery to
which such additional insured would be entitled under this policy if not named
as such additional insured. An additional insured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss
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or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this
Agreement, or any interest therein, directdy or indirectly, by operation of law or
otherwise, without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (5.0 %) or more of the voting power of the
corporation.
15. SUBCONTRACTOR APPROVAL::
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
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in reasonable conformity to the insurancE' carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his /her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred. to as 'Report ", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, .shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright: to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a. copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and /or
(4) Other City projects as appropriate.
C. . Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall
constitute the Project deliverables. Plans to be in CAD and PDF formats, and
other documents to be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications to the documents.
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18. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts there from as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Katy Jensen
All notices, demands, requests, or approvals from City to Consultant shall
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be addressed to Consultant at:
Hunt Design
25 North Mentor Avenue, Pasadena, CA 91106,
Attention: Jennifer Bressler
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the mariner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued b37 City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of'laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, order, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
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23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant: shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant.
GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of
any gift by a City officer or designated employee, which prohibition is found in
City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by Consultant. In addition to any other remedies, City may
have in law or equity, City may terminate this Agreement for such breach as
provided in Section 19 of this Agreement.
25. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
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26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limA or amplify the terms or provisions of
this Agreement.
P.O. No.: AJP_(�dr:" /
IN WITNESS WHEREOF, the parities have caused the Agreement to be
executed.
CONSULTANT
Hunt Design
By
Name WAIN E uvN r
Title TP'I, IN C! P A. L
Date 43- /0-2o)4
Tax I.D. No.: R5" qS$ 3 0(o g
Address: -2-5 M • M ertTO fZ AvE
CITY OF CUPERTINO
A Municipal Corporation
By
Timm Borden, Director of Public. Works
'Date
.APPROVED AS TO FORM:
FDrS X'D E rl 0. CA, 9 110 b ba/�Wt
r
Carol Korade, City Attorney
ATTEST:
�jC grace Schmidt, City Clerk
Contract Amount: $70,000
Account No.: y :* - q N 7 - ct 300
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EXHIBIT A -SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
The CONSULTANT shall perform professional services as detailed in the following sections to
develop a comprehensive signage program for McClellan Ranch Preserve and associated areas
along Stevens Creek Trail.
SECTION 1.0 GENERAL
1.1 Project Description: The PROJECT entails developing and producing a comprehensive
Signage Program that includes a signage master plan, signage templates, and a sign
approval process for the McClellan Ranch Preserve and associated areas along the
Stevens Creek corridor in the City of Cupertino.
1.2 The CONSULTANT shall provide all services necessary required to complete the tasks
identified in the Scope of Services.
1.3 The CONSULTANT shall manage all sub consultants in each project task.
1.4 Deliverables identified in each Task Provide the basis for fee compensation. Any
deficiencies in the minimum work items identified shall cause the CITY to reject the
entire submission, require the CONSULTANT to make appropriate corrections, and
resubmit, at no cost to the CITY.
SECTION 2.0. SCOPE OF SERVICES
TASK 1.0 PREDESIGN ACTIVITIES - PROJECT DATA REVIEW AND SCHEDULE
1.1 The CONSULTANT shall review all existing project data available from the City
including, but not limited to: topographic survey, approved Master Plans, stakeholder
mission statements, traffic studies, visitor studies, CEQA documents, environmental
studies, tree surveys, or other such existing data.
1.2 The CONSULTANT shall utilize existing data to the extent possible and inform the
CITY immediately of problems associated with using existing data for project base line
information.
1.3 The CONSULTANT shall provide the CITY with a draft project schedule within five (5)
business days of the CITY'S Notice to Proceed. The draft schedule shall be compatible
with the MS Project platform. The CITY shall review the schedule and provide written
comments regarding the proposed schedule components within five (5) business days of
receipt.
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EXHIBIT A- SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
1.4 The CONSULTANT shall incorporate the City comments into the schedule and submit a
final project baseline schedule to the CITY for approval within five (5) business days
after receipt. The CITY shall provide the CONSULTANT with written approval of the
baseline project schedule within five (5) business days of receipt.
1.5 The CONSULTANT shall provide the CITY with written project schedule updates as
changes occur that impact the baseline project delivery date, provide assessment of the
schedule impact, and identify schedule recovery options.
TASK 1.0 DEVLIVERABLES:
Task 1.3 Draft baseline schedule (electronic .pdf)
Task 1.4 Final baseline schedule (electronic .pdf)
Task 1.6 Schedule updates (electronic .pdf)
TASK 2.0: CONCEPTUAL SIGNAGE PROGRAM PACKAGE
2.1 The CONSULTANT shall use the approved baseline information for the project
conceptual design package.
2.2 The CONSULTANT shall meet with the City Parks and Recreation Department, discuss
the project needs, receive City input, and utilize that information to produce the
conceptual signage program package. The CONSULTANT shall provide a written
meeting summary to the CITY within five (5) business days.
2.3 The CONSULTANT shall prepare a conceptual signage program package consisting of
three (3) different conceptual organizational solutions for the project signage master
plan, sign templates, and approval process, each which addresses the primary project
issues identified in the 2.2 meeting.
2.4 The CONSULTANT shall present each concept, with analysis, to the CITY via
teleconference. The CITY shall review the concepts and provide written comments along
with written direction to proceed within three (3) business days. The CONSULTANT
shall provide a written meeting summary to the CITY within five (5) business days.
TASK 2.0 DEVLIVERABLES:
2.2 Meeting summary (electronic .pdf)
2.3 Conceptual Signage program including master plan organizational structure, sign
templates, and approval process that meet the project goals. Three (3) hardcopies
and one (1) electronic .pdf).
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EXHIBIT A -SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
2.4 Meeting summary (electronic .pdf.)
TASK 3.0: SIGNAGE PROGRAM DESIGN DEVELOPMENT PACKAGE
Task 3.10 Stakeholder Workshop #1 and City teleconference
3.1.1 The City shall provide a list of known stakeholders to the CONSULTANT in advance
of the workshop. The CITY shall provide public notice to the known stakeholders and
the general public in advance of the workshop.
3.1.2 The CONSULTANT shall facilitate a stakeholder workshop using the CITY approved
concepts with incorporated comments from 2.4 as a basis and provide a written
meeting summary to the CITY within five (5) business days. The workshop goal is to
develop stakeholder consensus for thE' project direction. The CONSULTANT shall
conduct the workshop so that the participants understand the project goals and have
an opportunity to provide appropriate input to the process.
3.1.3 The CONSULTANT shall provide all materials necessary for conducting the
workshop such as paper, pens, markers, projection equipment, and personnel to
facilitate and document the process. The CITY shall provide a suitable meeting space,
seating for the workshop participants, and any other items the CITY deems necessary
to accommodate the workshop participants.
3.14 The CONSULTANT shall attend a meeting with City staff to discuss the stakeholder
workshop and provide a written meeting summary within five (5) business days.
3.1.5 The CONSULTANT shall consolidate the public input after the workshop and provide
the CITY with analysis and recommendations for inclusion of the public input into the
PROJECT.
3.1.6 The CONSULTANT shall conduct a post workshop teleconference with the CITY to
discuss the workshop, public input, and project progress no more than five (5)
business days after the workshop. The CITY shall provide written direction regarding
use of the workshop input and provide the CONSULTANT with a written notice to
proceed (NTP) with the Signage Program Design Development package.
Task 3.10 Deliverables:
3.1.4 Meeting summary (electronic .pdf)
3.1.5 Public workshop analysis and recommendations (electronic .pdf)
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EXHIBIT A -SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
3.1.6 Meeting summary (electronic .pdf)
Task 3.20 65% Signage Program Design Development Package
3.2.1 The CONSULTANT shall use the CITY direction from Task 3.1.6 as the basis for the
65% Signage Program Design Development package that includes a signage Master
Plan, sign templates, and signage approval process for the project area.
3.2.2 The CONSULTANT shall submit a revised 65% Signage Program Design
Development package to the CITY for review. The 65% design shall illustrate the
Signage Master Plan format, sign templates, and a draft approval process and
include all CITY direction regarding the project from Task 3.1.6.
3.2.3 The CITY shall provide comments within five (5) business days of the 65% Design
Development submission.
3.2.4 The CONSULTANT shall conduct a teleconference to discuss to the City comments
and provide a written meeting summary within five (5) business days.
Task 3.20 Deliverables:
3.2.2 65% Signage. Program Design Development package including the Signage
Master Plan format, sign templates, and a draft approval process Three each (3) each
originals one (1) electronic (pdf).
3.2.4 Meeting summary (electronic .pdf)
Task 3.30 Stakeholder Meeting #2
3.3.1 The CONSULTANT shall meet via teleconference with the City Parks and Recreation
Department to discuss the stakeholder meeting goals and objectives, review the
proposed presentation, and agree on a meeting format no more than five (5) business
days prior to the scheduled stakeholder meeting. The CONSULTANT shall provide
a written meeting summary to the CITY within five (5) business days.
3.3.2 The CONSULTANT shall facilitate a stakeholder meeting using the 65 %o Signage
Program Design Development package updated with CITY comments from 3.2.3 and
3.3.1 The CONSULTANT shall present the 65 % Signage Program Design
Development package, answer stakeholder questions, and record stakeholder
comments. The CONSULTANT shall provide a written meeting summary to the
CITY within five (5) business days.
Hunt Design Exhibit A March 14, 2014
MRP Signage Program Page 4 of 9
City of Cupertino
EXHIBIT A -SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
3.3.3 The CONSULTANT shall provide all materials necessary for conducting the meeting
such as paper; pens, markers, projection equipment, and personnel to facilitate and
document the process. The CITY shall provide a suitable meeting space, seating, and
any other items the CITY deems necessary to accommodate the meeting participants.
3.3.4 The CONSULTANT shall attend a meeting with City staff to discuss the stakeholder
meeting and provide a written meeting summary within five (5) business days.
3.3.5 The CONSULTANT shall consolidate the public input after the workshop and provide
the CITY with analysis and recommendations for inclusion of the public input into the
PROJECT.
3.3.6 The CONSULTANT shall conduct a post stakeholder meeting teleconference with the
CITY to discuss the meeting, public input, and project progress no more than five (5)
business days after the workshop. The CITY shall provide written direction regarding
use of the meeting information input.
3.3.7 The CONSULTANT shall incorporate the CITY's written comments into and
updated 65% Design Development package.
Task 3.3 0 Deliverables:
3.3.1 Draft 65% Signage Program Design Development Stakeholder Presentation
including 65% Design Development 1\/Faster Plan, sign templates, and signage
approval process. One (1) hardcopy and one (1) electronic.
3.3.1 Meeting summary (electronic .pdf)
3.3.2 Meeting summary (electronic .pdf)
3.3.4 Meeting summary (electronic .pdf)
3.3.5 Public meeting analysis and recommendations (electronic .pdf)
3.3.6 Meeting summary (electronic .pdf)
Task 3.40 95% Signage Program Design Development Package
3.4.1 The CONSULTANT shall incorporate the final CITY comments from the 3.4.2,
and 3.4.4 into a 95% Signage Program Design Development package.
Hunt Design Exhibit A March 14, 2014
MRP Signage Program Page 5 of 9
City of Cupertino
EXHIBIT A -SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
3.4.2 The CONSULTANT shall submit the 95% Design Development package that
includes the Signage Master Plan format, sign templates, and a draft approval
process to the CITY.
3.4.3 The CITY shall provide written comments on the 95% Design submission within ten
(10) business days.
Task 3.40 Deliverables:
3.4.2 95% Signage Program Design Development Signage package including the Signage
Master Plan, sign templates, and Signage Approval Process. Three (3) hardcopies
and one (1) electronic (pdf);
Task 3.50 100% Design Development Package
3.5.1 The CONSULTANT shall incorporate the CITY comments from the 95% Design
Development package into a 100% Design Development signage package submit it to
the CITY
3.5.2 The CITY shall provide written comments on the 100% Design submission and
provide a NTP with Task 4.0 within ten (10) business days.
Task 3.50 Deliverables:
3.5.1 100% Design Development package. Three (3) hardcopies and one (1) electronic
(pdf);
TASK 4.0 FINAL SIGNAGE DESIGN PACKAGE:
Task 4.10 65% Final Signage Design Package
4.1.1 The CONSULTANT. shall use the 100 % Signage Design Development package
including CITY review comments from Task 3.5.2 as the basis for the 65% Final
Signage Design Package
Hunt Design Exhibit A March 14, 2014
MRP Signage Program Page 6 of 9
City of Cupertino
EXHIBIT A -SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
4.1.2 The CONSULTANT shall submit a 65% Final Signage Design Package to the CITY
for approval. The 65% design shall be a refinement of the City approved 100%
Signage Design Development package that provides the final format, graphics, and
content of the final signage design package.
4.1.3 The CITY shall provide written comments on the 65% Signage Design package
submission within five (5) business days.
Task 4.10 Deliverables:
4.1.2 65% Final Signage Program Design package. Three (3) hardcopies and one (1)
electronic (pdf);
Task 4.20 95% Final Signage Design Package
4.2.1 The CONSULTANT shall use the 65 ° /,� Final Signage Design package from Task 3.4.2
and incorporate City comments from 'Task 4.1.3 into the 95% Final Signage Design
Package.
4.2.2 The CONSULTANT shall submit a 95'%, Final Signage Design Package to the CITY
for review. The 95% design shall be a refinement of the 65% final Signage Design
package including City comments from Task 4.1.3. The 95 %o Final-Design package
shall provide the final format, graphics, and content of the final signage design
package.
4.2.3 The CITY shall provide written comments on the 95% final Signage Design package
submission within five (5) business days.
Task 4.20 Deliverables:
4.2.2 95% Final Signage Progam Design package. Three (3) hardcopies and one (1)
electronic (pdf);
Task 4.30 100% Final Signage Design Package
4.3.1 The CONSULTANT shall incorporate the CITY comments from the 95% Final Signage
Design package into a draft 100% Final signage package and submit it to the CITY
4.3.2 The CITY shall provide written comments on the 100% Design submission within five
(5) business days.
Hunt Design Exhibit A March 14, 2014
MRP Signage Program Page 7 of '9
City of Cupertino
EXHIBIT A- SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
4.3.3 The CONSULTANT shall incorporate CITY comments into the final 100% Design
Development package and submit to the CITY within five (5) business days.
Task 4.3.0 Deliverables:
4.3.1 100% draft Final Signage Program Design package. Three (3) hardcopies and one (1)
electronic (pdf)
4.3.3 1006/o Final Signage Program Design package. Fifteen (15) hardcopies and one (1)
electronic (pdf).
Task 4.40 Parks Commission Presentation
4.4.1 The CONSULANT shall prepare a draft presentation intended for the Cupertino
City Parks Commission and submit to the CITY for review. The CITY shall provide
written comments within (5) days of receipt.
4.4.2 The CONSULTANT shall incorporate the CITY's written comments and finalize the
presentation format.
4.4.3 The CONSULTANT shall conduct a teleconference with the City and review the
final Parks Commission presentation with the CITY no less than three (3) business
days prior to the Parks Commission meeting. The CONSULTANT shall provide a
written meeting summary to the CITY within five (5) business days.
4.4.4 The CONSULTANT shall present the final MRP Signage ,Design Package to the
Cupertino City Parks Commission and provide a written meeting summary from the
presentation to the CITY within five (5) business days.
4.4.5 The CONSULTANT shall attend a meeting with City staff to discuss the Parks
Commission meeting and provide a written meeting summary within five (5)
business days.
Task 4.40 Deliverables:
4.4.1 100% draft Final Signage Program Parks Commission presentation. Three (3)
hardcopies and one (1) electronic (pdf).
4.4.3 100% Final Signage Program Parks Commission presentation. Five (5) hardcopies
and one (1) electronic (pdf).
4.4.3 Meeting summary (electronic .pdf)
Hunt Design Exhibit A March 14, 2014
MRP Signage Program Page 8 of 9
City of Cupertino
EXHIBIT A- SCOPE OF SERVICES
McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM
4.4.4 Meeting summary (electronic .pdf)
4.4.5 Meeting summary (electronic .pdf)
Task 4.50 City Council Presentation
4.5.1 The CONSULANT shall prepare a draft presentation intended for the Cupertino
City Council and submit to the CITY for review. The CITY shall provide written
comments within (5) days of receipt.
4.5.2 The CONSULTANT shall incorporate the CITY's written comments and finalize the
presentation format.
4.5.3 The CONSULTANT shall conduct a teleconference with the City and review the
final City Council presentation with the CITY no less than three (3) business days
prior to the City Council meeting. The CONSULTANT shall incorporate city
comments in the final presentation. The CONSULTANT shall provide a written
meeting summary to the CITY within five (5) business days.
4.5.4 The CONSULTANT shall present the final MRP Signage Design Package to the
Cupertino City Council and provide a written meeting summary from the
presentation to the CITY within five (5) business days.
Task 4.4.0 Deliverables:
4.5.1 100% draft Final Signage Program Cite Council presentation. Three (3) hardcopies
and one (1) electronic (pdf).
4.5.3 100 % Final Signage Program City Council presentation. Five (5) hardcopies and one
(1) electronic (pdf).
4.5.3 Meeting summary (electronic .pdf)
4.5.4 City Council presentation meeting surnmary (electronic .pdf)
END OF EXHIBIT A
Hunt Design Exhibit A March 14, 2014
MRP Signage Program Page 9 of 9
City of Cupertino
EXHIBIT B
PERFORMANCE SCHEDULE
All work under this Consultant Agreement shall be completed by November 30, 2014. The task
deliverables identified in ATTACHMENT A shall be received by the CITY as indicated below:
PROJECT DELIVERABLES (BY TASK)
TASK 1.0 PREDESIGN ACTIVITY
1.3 Draft baseline schedule
1.4 Final baseline schedule
1.5 Schedule updates
TASK 2.0 CONCEPTUAL SIGNAGE PROGRAM
PACKAGE
2.2 Meeting summary -Parks and Rec. Dept
2.3 Conceptual Signage program presentation
2.4 Meeting summary- teleconference #1
DELIVERY SCHEDULE
Five (5) business days after NTP
Five (5) business days after City
Comments
Five (5) business days after baseline
change
Five (5) business days after 2.2.0
Ten (10) business days after 2.1
Five (5) business days after meeting
TASK 3.0 SIGNAGE PROGRAM DESIGN DEVELOPMENT PACKAGE
Task 3.10 Deliverables:
3.1.2
Meeting summary- Stakeholder workshop
Five (5) business days after 3.1.2
3.1.4
Meeting summary
Five (5) business days after 3.1.4
3.1.5
Public workshop analysis and recommendations'
Five (5) business days after 3.1.2
3.1.6
Meeting summary- teleconference #2
Five (5) business days after 3.1.5
Task 3.20 Deliverables:
3.2.2
65% Signage Program Design Development
Ten (10) business days after 3.1.5
3.2.4
Meeting summary- teleconference #3
Five (5). business days after 3.2.4
Task 3.3 0 Deliverables:
3.3.1 Meeting summary - teleconference #4
3.3.2 Draft 65% Signage Program Design
Development Stakeholder Presentation
3.3.2 Meeting summary - Stakeholder meeting
,3.3.4 Meeting summary
3.3.5 Public meeting analysis and recommendations
Hunt Design Exhibi t B
MRP Signage Program
City of Cupertino
Five (5) business days after 3.3.1
Ten (10) business days after 3.1.5
Five (5) business days after 3.3.2
Five (5) business days after 3.3.4
Five (5) business days after 3.3.2
March 14, 2014
Page 1 of 2
EXHIBIT B
PERFORMANCE SCHEDULE
3.3.6 Meeting summary - teleconference #5 Five (5) business days after 3.3.5
Task 3.40 Deliverables:
3.4.2 95% Signage Program Design Development Ten (10) business days after 3.5.5
Task 3.5.0 Deliverables:
3.5.1 100% Design Development package. Five (5) business days after 3.4.3
TASK 4.0 FINAL SIGNAGE DESIGN PACKAGE:
Task 4.10 Deliverables:
4.1.2 65% Final Signage Program Design package. Ten (10) business days after 3.6.2
Task 4.20 Deliverables:
4.2.2 95% Final Signage Program Design package Ten (10) business days after 4.1.2
Task 4.3.0 Deliverables:
4.3.1 100% draft Final Signage Program Design Five (5) business days after 4.3.2
4.3.3 100% Final Signage Program Design Five (5) business days after 4.3.3
Task 4.4.0 Deliverables:
4.4.1 Draft Parks Commission presentation
Five (5) business days after 4.3.4
4.4.3 Final Parks Commission presentation
Five (5) business days after 4.4.2
4.4.3 Meeting summary- teleconference #6
Five (5) business days after 4.4.3
4.4.4 Meeting summary -Parks Commission
Five (5) business days after 4.4.4
4.4.5 Meeting summary
Five (5) business days after 4.4.5
Task 4.5.0 Deliverables:
4.5.1 Draft City Council presentation Five (5) business days after 4.4.4
4.5.3 Meeting summary - teleconference #7 Five (5) business days after 4.5.3
4.5.4 Final City Council presentation Five (5) business days after 4.5.3
4.5.4 Meeting summary-City Council meeting Five (5) business days after 4.5.4
Hunt Design
MRP Signage Program
City of Cupertino
END OF EXHIBIT B
Exhibit B
March 14; 2014
Page 2 of 2
EXHI131T C
COMPENSATION
A. Base Compensation
The base compensation for this Consultant agreement shall not exceed sixty seven
thousand eight hundred eighty ($68,080.00). Any work performed in ATTACHMENT
A, Scope of Services, which exceeds the base compensation amount shall be at no cost to
CITY.
A -1 Fee Budget Schedule
The Fee Budget Schedule for this AGREEMENT shall be as follows:
Task Task Description
Task #1: Pre design Activities
Task #2 Conceptual Signage Program Design Package
Task #3: Signage Program Design Development Package
Task #4: Final Signage Program Design Package
Total
Task
Compensation
$ 3,255.00
$ 21,725.00
$ 25,850.00
$ 17,250.00
$68,080.00
The CONSULTANT shall not exceed any of the specified budget amounts for ,any Task without
prior written authorization from the CITY. The CITY may grant written approval for the transfer of
budget amounts between any of the Tasks listed above provided the total AGREEMENT amount
does not exceed sixty seven thousand eight hundred eighty dollars ($68,080.00).
Hunt Design Exhibit C March 14, 2014
MRP Signage Program Page 1 of 3
City of Cupertino
EXHIBIT C
COMPENSATION
B. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE PERCENT OF TASK
COMPENSATION
Task #1— Predesign Activities
a. Draft Schedule 20%
b. Final Baseline Schedule 40%
c. Schedule updates 40%
Task #2 — Signage Program Conceptual Design
a. 100% Conceptual Design submittal 50%
b. City Conceptual Design Approval 50%
Task #3 — Signage Program Design Development
a. Stakeholder workshop complete
10%
b. (65 %) Submittal Approved
10%
c. Stakeholder meeting complete
10%
d. Parks Commission presentation complete
20%
b. (95 %) Submittal Approved
20%
C. (100 %) Submittal Approved
30%
Task #4 — Signage Program Final Design
a. (65 %) Submittal Approved 20%
b. (95 %) Submittal Approved 20%
c. (100 %) Submittal Approved 40%
d. City Council Presentation complete 20%
C. Subconsultant Services.
The CONSULTANT is directly responsible for all payments for SUBCONSULTANT
work on this PROJECT. All SUBCONSULTANT work on this PROJECT is included in
the Budget Schedule shown above and shall be billed by CONSULTANT as part of the
Section 2, Scope of Services, base compensation.
D. Reimbursable expenses.
All expenses for labor, materials, overhead, profit, and other expenses such as travel,
printing, postage, etc are included in CONSULTANT's lump sum compensation
identified in A -1, Fee Budget Schedule, for the services provided in Sections 1 and 2,
Scope of Services. There are no separate reimbursable expenses for work performed
under Sections 1 and 2, Tasks 1 -4, of ATTACHMENT A.
Hunt Design Exhibit C March 14, 2014
MRP Signage Program Page 2 of 3
City of Cupertino
EXHIBIT C
COMPENSATION
E. Additional Services.
The CITY, at it's sole discretion, may request additonal CONSULTANT services not identified
as part of Sections 1 and 2, Tasks 1 -4. The CITY shall make a written request for specific services
and the CONSULTANT shall provide a written fee proposal.
Each Additional Services proposal shall be separately negotiated and paid either on a lump sum
or time and material basis using the at the rates identified below. The CONSULTANT shall
not perform any proposed additional services without prior written authorization of the
CITY.
The CITY provides a sum of two thousand one hundred twenty ($1,920.00) dollars for
Additional Services not identified in ATTACHEMENT A. The CITY shall not authorize and
CONSULTANT shall not perform any Additional Services that result in ccompensation in
excess,of the that amount.
CONSULTANT shall submit an Invoice to the CTTY for payment on a monthly basis for
authorized Additional Services for the previous month according to the addendum to this
contract. CONSULTANT hourly rate schedule shown belowshall remain in effect for the full
term of the contract.
CONSULTANT HOURLY RATES, FOR ADDITONAL SERVICES
Hunt Design
Principal $150 /hour
Designer $130/hour
Programming $125 /hour
Drafting /Technical $90/hour
F. Maximum Compensation
The maximum compensation for the entire Consultant agreement is seventy
thousand ($70,000.00) dollars. Any hours worked for which payment would result in
a total exceeding the maximum amount of compensation shall be at no cost to CITY.
END 01, EXHIBIT C
Hunt Design Exhibit C March 14, 2014
MRP Signage Program Page 3 of 3
City of Cupertino