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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. Hunt Design March 14, 2014 MRP Signage Project Page 1 of 12 City of Cupertino 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 Hunt Design March 14, 2014 MRP Signage Project Page 2 of 12 City of Cupertino 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 ,Hunt Design March 14, 2014 MRP Signage Project Page 3 of 12 ,City of Cupertino 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 Hunt Design March 14, 2014 MRP Signage Project Page 4 of 12 City of Cupertino 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) Hunt Design MRP Signnage Project City of Cupertino 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 Page 5 of 12 (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 Hunt Design March 14, 2014 MRP Signage Project Page 6 of 12 City of Cupertino 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 Hunt Design March 14, 2014 MRP Signage Project Page 7 of 12 City of Cupertino 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. Hunt Design March 14, 2014 MRP Signage Project Page. S of 12 City of Cupertino 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 Hunt Design March 14, 2014 MRP Signage Project Page 9 of 12 City of Cupertino 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. Hunt Design March 14, 2014 MRP Signage Project Page 10 of 12 City of Cupertino 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. Hunt Design March 14, 2014 MRI' Signage Project Page 11 of 12 City of Cupertino 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 Hunt Design rf March 14, 2014 MRP Signage Project �/ �j Page 12 of 12 City of Cupertino �/ V 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. Hunt Design Exhibit A March 14, 2014 MRP Signage Program Page 1 of 9 City of Cupertino 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). Hunt Design Exhibit A March 14,.2014 MRP Signage Program Page 2 of 9 City of Cupertino 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) Hunt Design Exhibit A March 14, 2014 MRP Signage Program Page 3 of 9 City of Cupertino 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