15-093 Cannon Design Group for Design Review Consultation for the Main Street Sign Program -
CITY:OF
. -SHORT FORM AGREEMENT
.(Less than$5,000).
CITY OF CUPERTINO
10,300 Torre:Avenue
CUPEisTtNO Cupertino,CA 95014
408-777-3200 NO.201 Y
This Agreement,made and'entered into this-8th day of July,201-5,(the"Effective Date")is by-and between the
City of Cupertino(hereinafter:"City').and Cannon Design Group,70.0:Larkspur Landing Circle;Suite 199,
Larkspur,California 94939(hereinafter"Contractor"),in consideration of their mutual covenants,the parties agree.
as follows:
A. SCOPE OF SERVICES.Contractor shall provide or furnish:the following specified services and/or
materials: Design Review Consultation for the Main Street Sign Program.
Check box if services are further described in Exhibit A.-❑X
B. TERM:The services and/or materials furnished under this Agreement shall commence on July-1,2015.and
shall be.completed no later than June 30,2016. : .
C. COMPENSATION:For the full performance of this Agreement,-CITY shall pay Contractor a.total
amount not to exceed FIVE THOUSAND dollars($5000.00),as set forth in Exhibit A. California Labor .
Code,Section 1771 requires the payment of prevailing wages to.all workers employed on a Public:Works
contract:in excess of$1,000.00.Contractor shall-comply with all applicable provisions of law including,
without limitation,Labor Code Sections 1771,:1776,1777.5 and 1810.
D. EXHIBITS:The following attached exhibits:hereby.are made part of this Agreement:
ZExhibit"A"- Scope of Services and Compensation
❑Exhibit"B»_Compensation.
❑Exhibit"C"-Special Requirements
GENERAL TERMS,AND.CONDITIONS .
1. Hold Harmless. Contractor shall,to the-fullest extent allowed,by law and without limitation-of the provisions,of
this Agreement related_-to insurance, 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.whatsoever against.any of them, including
any injury to or death of any person or damage to property'or other liability of any nature, whether physical;
emotional,consequential or otherwise,arising out,pertaining to,or.related to.the performance of.this Agreement by
Contractor or:Contractor's employees,officers,officials;agents 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._The acceptance,of the Services by City-shall not operate as a waiver of the right of indemnification.The
provisions of this Section survive the completion of the Services or termination of this Contract:
2. Subcontracting.:Contractor has been retained due to their.unique skills and Contractor may not substitute
another; assign or transfer any rights or obligations under.this Agreement:Unless prior_written consent from City is
obtained, only:those people whose names :are listed:this Agreement shall be used in the performance of this
Agreement.
3.Assignment. Contractor may not assign,transfer,or subcontract this.Agreement or any portions thereof,-without
-prior written consent-of-City.
4.:Insurance. Contractor shall:maintain:the following insurance coverage, with the City as an additional named
insured, and provide a Certificate of Insurance and Additional Insured Endorsement consistent with the following
requirements:
(a)Workers'Compensation:Statutory coverage as required by the State of California.
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City of Cupertino-Cannon Resign Group Design Review for MainStreet SignProgram 7-8-15
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(b)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.
.(c)Automotive:Comprehensive automotive liability coverage in.the following minimum limits;
Bodily Injury: $500,000 each occurrence
Property.Damage:. $100,000 each occurrence
or
Combined Single Limit:.$500;000.each occurrence
(d)Professional Liability:Contractors in regulatedprofessions shall maintain professional liability
insurance which includes coverage for the professional acts,errors and omissions of Contractor in the amount of at
least-$1,000;000.
_
5.Subrogation Waiver.Contractor agrees that in the event of loss due to any of the-perils for which it has agreed to
provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to City, on behalf of any insurer. providing comprehensive general -and
automotive liability insurance to either Contractor or City with respect.to the.services of Contractor herein,.a waiver .
-of-any right to subrogation-which any such insurer of said.Contractor may acquire against City by virtue of the .
payment-of any-loss under such insurance.
6.Termination-of Agreement.In the event Contractor fails or refuses to perform any of the provisions hereof at the
time and,in the manner required-hereunder,_Contractor-shall be deemed in _default in the performance of this
Agreement. If Contractor fails to.cure-the-default within the time specified and according to the.requirements set
forth in City's written notice of default,.and in addition to any other remedy available to the City by law, the City
Manager may,terminate. the Agreement by giving Contractor written notice thereof, which shalt be effective
immediately. The City Manager shall also-have the option, at its sole.discretion-and without cause; of terminating
this Agreement by giving..seven (7):-calendar- days' prior written.notice to.Contractor as provided herein. -Upon .
receipt of any notice of termination;Contractor shall immediately discontinue performance.
7. Non-Diseriinination. Contractor.shall not_discriminate against a-job applicant,,employee City employee, or a
citizen on the basis:of race, color,national origin, ancestry, religion, gender,_sexual orientation or other protected
class of such person.: .
8..Interest of Contractor. It is-understood and agreed that this Agreement is not a.contract of employment in:the
_sense that the relationship of master.and.servant exists between City and undersigned.At all times,Contractor.shall
be deemed to be an independent contractor and Contractor is not authorized to-bind.the City to any contracts or other
obligations in executing this-Agreement. Contractor certifies-that no one who has or will have any financial interest
under.this Agreement-is-an officer--or 'employee of City. City-shall- have-no right of control as to the, manner-
Contractor
annerContractor performs the.services to be performed.Nevertheless,City may;at any time,observe the manner in which
such services are being performed by the contractor..Contractor shall comply with all applicable:Federal, State,and _
local laws and ordinances including,but_not limited to,unemployment insurance_benefits,FICA laws, and-the City
business license ordinance.
9. Permits and.Licenses. Contractor, at his/her own expense, shall.obtain and maintain during the term of this
Agreement;all appropriate permits,licenses;and certificates including but not limited to a City business license,that
-may be required in connection with the performance of services under this"Agreement.
10.Reports and Records.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 Contractor.pursuant to or in
connection with this=Agreement,shall be the exclusive property of City:Contractor 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. Contractor may retain,a copy of any
report furnished to the City pursuant to this Agreement.
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City of Cupertino Cannon Design Group Design Review for Main Street Sign;Program,"7-815
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Contractorshall 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, 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. Contractor.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 therefrom as necessary,and to allow inspection.of all work,
data,.documents, proceedings- and activities-related to this Agreement.-:Such records, together with isupporting
documents,-shall be kept.separate from other documents and records and shall be maintained for a period of three(3)
years after.Contractor receives final payment firom.City for all services required under this agreement.
11.Changes.No changes-or variations-of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR.and representative for CITY shall:be: Tiffany Brown,- Associate Planner,
Community Development Department.
In witness-thereof,the parties have executed this Agreement the day and year first written above.
CONTRACTOR: CITY OF CUPERTIN
CAWAli
By:. By: .
Title: 0.7. Title:
Tax I.D:.-
APPROVALS EXPENDITURE D1S R UTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
.100-220-220 $5,000.00:
CITY O PRO D AS TO FORM . DATE PO.�
CITY.CLERK:ATTDATE
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City.of Cupertino=Cannon Design Group Design Review for MainStreet Sign-Program 7-8-15
Exhibit A
ARCHITECTURE PLANNING URBAN DESIGN
D - -
ANNON
June 24,2015
Ms.Tiffany Brown
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014.
RE: Main Street Sign Program
Dear Tiffany:
I did a preliminary review of the sign program document that you forwarded.My estimate of the work scope and bud-
get for review of the,program and its application to the Main Street structures is as follows:
WORK SCOPE
1.Print elevation drawings of-the relevant Main Street buildings.I will use the_last drawings that I reviewed to avoid
the time consuming process ofsearching through the extensive online City files.If you are aware of any significant
changes to any-of the buildings approved by the City at the end of the review-process,please let me know.
2.Review of the Main Street Cupertino Building Signage Guidelines and the building elevations to identify any issues and
concerns that staff may wish to discuss further with the applicant.The review will include an evaluation of the specific
guidelines with attention to the need for additional clarification of wording,additional explanatory diagrams,and other
guidelines that might be helpful for the tenants and City staff in the preparation and review of sign applications.
This will be presented in-a letter format with graphics,as needed,utilizing the-applicant's document as a base.Where
appropriate,suggestions for alternatives to address the issues will be graphically presented.
The letter n ill be prepared in Adobe InDesign CC format and converted to a pdf format for timely delivery and sharing as staff deems
appropriate.
3.Coordination with staff,as,needed.
BUDGET
Not to exceed$5,000 at an hourly rate of$125 plus-direct expenses billed at direct expenses-cost plus 15%.
The work scope and budget outlined above does not include:
Any meetings with applicant and/or staff .
•. Follow up reviews
• Attendance at public hearings.or meetings
Any additional reviews and/or meetings would be billed at the hourly rate and reimbursable expenses specified above.
SCHEDULE
the review letter will be delivered tostaff within 30 days of the.City's authorization to proceed
Tiffany,please let me know if you have any questions.
Sincerely,
CANNON DESIGN GROUP-
Larry Cannon
700 LARKSPUR LANDING CIRCLE.SUITE 199 . LARKSPUR.CA.94939 TEL; 415.3.31:3795
CDG PL.AN c@i PAC13 ELL.NET-