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05-1018_HUNT DESIGN_Consultant Services Agreementr 0 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 18th day of October, 2005, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Hunt Design (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, Agency desires to retain the services of Consultant regarding the Agency's proposal to provide planning and design services for downtown way finding and directional signage program; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2006. Section 3. Compensation. 3.1 Amount. Agency shall pay Consultant upon the submission of required work product prepared to the satisfaction of the Ageney for each task as set forth in Exhibit "A" the Scope of Work Total compensation for the scope of services for this Project shall not exceed Thirty seven thousand one hundred dollars ($37,100.00), as set forth in Exhibit "B," attached and incorporated herein by reference. No payments for expenses or labor shall be paid by Agency unless it is related to this Agreement Page 1 of 12 SD 3.2 Rate Schedule. The services shall be billed to the Agency at the hourly rate set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services, Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. The Agency shall pay Consultant upon the completion of services required hereunder and upon submission of invoice by Consultant for tasks which have been satisfactorily completed. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete incidental to services covered by this Agreement. reasonable times to Agency. Section 4. Independent Contractor. and accurate records of all expenses These records will be made available at It is agreed that Consultant shall act and be an Independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontractina and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency, This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Page 2 of 12 0 0 In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Sectlon 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform Agency of this and shall not proceed with furtherwork under this Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply'with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to Agency at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the Agency shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the Agency. Page 3of12 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of Its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the Agency, All such reports, information, data, and exhibits shall be the property of the Agency and shall be delivered to the Agency upon demand without additional costs or expense to the Agency. The Agency acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless Agency, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement, Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability.. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts; Page 4 of 12 9 0 $500,000 property damage; $500,000 Injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, Including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 1186 (in no event with an edition date tater than 1990) to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage's reduced, until after thirty (30) days' written notice is given to Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. Page 5 of 12 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 16, Termination. Agency and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Douglas D. Dumhart, Economic Development Manager To Consultant: Hunt Design 25 North Mentor Avenue Pasadena, California 91106-1709 Attention: T, Wayne Hunt Section 17. Attorneys' Fees. If any action at law or In equity is necessaryto enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Disputa Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Page 6 of 12 0 0 Section 18. Entire Aareement, This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Page 7 of 12 nt. 0 0 Exhibit A Scope of Work It is the general purpose of the results of this project to improve and reinforce the visual identity and accessibility of San Juan Capistrano primarily with signage and environmental media and by creating a directional wayfinding program to improve vehicle and pedestrian circulation, parking facility usage and perceived city identity. Below is the minimum scope of work for the project, inclusive of meetings schedule. TASK 1: Planning and Research A. Review area overview, map, General Plan Circulation and Community Design Elements, and related materials. Research and review applicable City sign design guidelines, Sign Ordinance, and available signage programs. Identify and evaluate the various arrival, circulation, and departure points throughout the City. B, Firm will perform field survey to identify existing site conditions, including identification of potential conflicts with pre-existing signage in the defined project area, identification of existing trees/tree wells that could impact sign visibility, and identification of any traffic/parking issues or other physical conditions that could impact sign placement or dictate specific construction criteria. C. Firm will research and review all applicable City development guidelines and necessary construction permits, identify right-of-way ownership for all sidewalk sites under consideration, and review any other regulatory agency permits necessary to proceed with installation of way -finding signs. D. Meet with City to discuss project overview,'determine program parameters and design approach and identify signage and graphics priorities. (Meeting #f) Work Products: Visual presentation of research; Summary Findings Report. TASK 2: Directional Sign Proaram Desion A. Firm will work primarily with staff at this stage of the project. Firm will research potential artistic design themes appropriate to the character of the project area. Firm will prepare master signage map identifying the number of proposed signs and pinpointing proposed coordinates for location of signs. Firm will prepare two (2) sets of preliminary conceptual design drawings identifying design solutions that will fulfill the intent of the "Streetscape Prototype"; unit dimensions, font sizes/styles, colors, and materials for the following: 1. Wayfinding / Directional Signs. (pedestrian and vehicular) 2. Directory. (pedestrian) Page 8 of 12 3. Destination / Facility Identification signs. 4. Public Parking Lots, 5. Park signs. Concepts will be typical only, for purposes of establishing a comprehensive program of design solutions appropriate to the project. Solutions are to include Indications for sizes, materials, colors, lighting, and sign locations. Firm will prepare preliminary cost estimates for the proposed sign design solutions, highlighting any significant variations in per unit cost for the various design solutions. Where possible Identify catalog stock product that can be used in -lieu of custom fabrication. B. Firm will be asked to present to Agency staff for review their conceptual design drawings, master signage map, and preliminary cost estimates. It is expected that Agency staff will at that time comment on the design plan, and potentlally ask for design revisions. C. Present concepts to community stakeholders for review and selection. (Meeting #2) D. Firm will take any design revision comments Into consideration, adjust concept designs, and return to Agency staff with one or possibly two sets revised design solutions and master signage map. E. Prepare up to six (6) color renderings of treated elements. F. Prepare budgetary estimates for treated elements embodying preferred design direction. G. Present draft program to Design Review Committee (DRC) (Meeting #3) and to the Transportation Commission. (TC) (Meeting #4) H. Assist in developing a Phasing Plan for implementation of signage based on client's priorities. /. Present concepts, budgetary estimates, and color renderings to client for review and approval. (Meeting #5) J. Final adjustments and preparation of presentation materials. K. Present recommended program to Planning Commission (PC) for approval. (Meeting #6) L. Present recommended program to City Council for approval. (Meeting #7) Page 9 of 12 Work Products: Visual presentations of conceptual and developed sign designs; preliminary budget; phasing plan. TASK 3: Plans and Specifications A. Firm will prepare signage design intent drawings and fabrication specifications. Specifications should Include dimensions and elevations, side and top views where appropriate, materials, finishes, color specifications, fonts and message schedule, any applicable manufacturer model numbers; etc. Agency staff to procure sign fabrication services through a competitive bid process will use these design intent drawings and fabrication specifications. B. Firm will prepare schedule of fabrication cost estimates. Agency staff will use these cost estimates in order to determine scope of and phasing of sign fabrication and installation portion of project based upon funds available. The Firm will be asked to create more than one cost estimate scenario to be based upon either complete one-time installation or partial phased -in installation over time. C. Firm will be responsible for identifying and making recommendations as to extent and type of municipal maintenance required in order to maintain the signs after installation. Work Products; design intent drawings; specifications; budget alternatives; maintenance assessment. Page 10 of 12 Task 1: Task 2 Task 3: Expenses: 0 0 Exhibit B Fee Schedule Planning and Research $ 4,500 Directional Sign Program Design $16,600 Plans and Specifications $14,500 In addition to the above fees Consultant is to be reimbursed for standard expenses incurred in connection with this project at cost, Such expenses include: travel, blueprints, computer imagery, mileage and other normal reproduction charges, In-house color computer output will be charged at Five dollars ($5.00) per page. An estimate budget of $1,500 will be required (excluding multiple copies of documents for distribution) to complete this project. Page 11 of 12 Principal Designer Programming Exhibit C Hourly Rates $150 $120 $110 Technical Drafting $ 80 Page 12 of 12 • • CRA 10/18/2005 B3 AGENDA REPORT TO: Dave Adams, Executive Dire FROM: Douglas D. Dumhart, Economic Development Manager SUBJECT: Consideration of Personal Services Agreement for Downtown Way - Finding Signage Design Program (Hunt Design) City Council Priority #10 RECOMMENDATION: By motion, approve the Personal Services Agreement with Hunt Design Co. for the development of a Downtown Way -Finding Signage Program in the amount of $37,100; and allocate $7,100 from account no. 20-62119-4110 to account no. 26-65300-4110 to pay for services. SUMMARY: A recent citizens survey identified traffic circulation as the number one issue impacting the quality of life in San Juan Capistrano. Directing visitors, motorists, and commuters to their destinations via a well defined directional sign program will improve the community's traffic circulation. To that end, staff has recognized the need for a uniform Way -Finding Signage Program. Staff developed a Request for Proposals (RFP) to solicit professional design services to develop San Juan Capistrano's way -finding signage program. The RFP was reviewed by the Executive staff for policy and goal compliance. Seven firms were sent RFP's and given 35 days to respond. The Agency received four responses. Below is a table summarizing these responses. Company: Task 1 Task 2 Task 3 Ex nese Total: Biesek Design No response Commarts, Inc. Declined Graphic Solutions $2,800.00 $13,200.00 $8,500.00 Cost +10°i6" $24,500.00 Hunt Design $4,500.00 $16,600.00 $14,500.00 $1,500.00 $37,100.00 SKADesign $35,240.00 $39,160.00 $36,240.00 $4,980.00 $115,620.00 Sussman/Prejz a & Co. No response Traffic & Parking Control No response "Was not estimated by respondent 9 Agenda Report Page 2 October 18, 2005 Staff has identified Hunt Design as the most qualified firm for the project based on the Professional Services selection criteria in City Council Policy 112. Staff has prepared for the Board of Directors consideration a Personal Services Agreement with Hunt Design. The agreement is provided as Attachment 1 to this report. BACKGROUND: San Juan Capistrano is a small historic town located directly off Interstate 5. San Juan Capistrano attracts tourists and commuters from all over Southern California and beyond. Due to the high amount of traffic coming into San Juan Capistrano, staff has recognized the need for a uniform way -finding sign program. The primary objective is to enhance and compliment the City while providing direction to visitors. Staff feels that the sign program will be beneficial in improving the flow of traffic and reducing congestion by providing direction to the following destinations and points of interest: the Interstate Highway, Train Depot, Mission San Juan Capistrano, Los Rios District, Downtown, Parks, Community/Sports Center, Historic Downtown Shopping District, Public Library, and public parking and restrooms. The scope of services includes signage concepts that will improve the signage system by making the signs more readable, attractive, and visible, is intended to be both pedestrian and motorist friendly, and aesthetically appealing from a design standpoint. Selection Process According to City Council Policy No. 112 at least five firms should be solicited and if practical, 3 responses received for projects estimated to be over $25,000. Seven requests were solicited and 4 responses received were solicited and 4 responses received with one response declining to propose. The following factors were considered in the recommendation of the preferred firm by the executive staff: 1. Educational background 2. Experience 3. Record of success 4. Individuals assigned to project and staffing 5. Methodology and presentation abilities 6. Ability to work effectively with diverse community groups during the course of design 7. Reasonableness of fee COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Six meetings have been programmed into the consultant's scope of work. They include meetings with the Design Review Committee, Transportation Commission, Planning Commission and City Council. 0 Agenda Report Page 3 FINANCIAL CONSIDERATIONS: October 18, 2005 Funding for the design of a Downtown Directional Sign Program was identified in the Redevelopment Agency's Five Year (2005-2009) Implementation Plan. Thirty thousand dollars was programmed for funding of the program in fiscal year 05/06 for directional signage design. An allocation of $7,100 from account no. 20-62119-4110 to account no. 26-65300-4110 will be necessary. Account no. 20-62119-4110 uses funds to facilitate the recommendations of the Blue Ribbon Panel of which directional signage is consistent. NOTIFICATION: *Biesek Design *Sussman / Prejza & Company, Inc *Communication Arts, Inc *SKA Design *Graphic Solutions *Traffic and Parking Control Co. *Hunt Design *Received agenda and report By motion, approve the Personal Services Agreement with Hunt Design Co. for the development of a Downtown Way -Finding Signage Program in the amount of $37,100; and allocate $7,100 from account no. 20-62119-4110 to account no. 26-65300-4110 to pay for services. Resp ctfully submitted, Dough Dumhart Economic Development Manager Attachment(s): 1. Personal Services Agreement with Hunt Design 9 • CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 18th day of October, 2005, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Hunt Design (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, Agency desires to retain the services of Consultant regarding the Agency's proposal to provide planning and design services for downtown way finding and directional signage program; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2006. Section 3. Compensation. 3.1 Amount. Agency shall pay Consultant upon the submission of required work product prepared to the satisfaction of the Agency for each task as set forth in Exhibit "A" the Scope of Work Total compensation for the scope of services for this Project shall not exceed Thirty seven thousand one hundred dollars ($37,100.00), as set forth in Exhibit "B," attached and incorporated herein by reference. No payments for expenses or labor shall be paid by Agency unless it is related to this Agreement Page 1 of 12 ATTACHMENT 3.2 Rate Schedule. The services shall be billed to the Agency at the hourly rate set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. The Agency shall pay Consultant upon the completion of services required hereunder and upon submission of invoice by Consultant for tasks which have been satisfactorily completed. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section S. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Page 2 of 12 0 • In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform Agency of this and shall not proceed with further work under this Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to Agency at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the Agency shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the Agency. Page 3 of 12 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the Agency. All such reports, information, data, and exhibits shall be the property of the Agency and shall be delivered to the Agency upon demand without additional costs or expense to the Agency. The Agency acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless Agency, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: Page 4 of 12 $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 1185 (in no event with an edition date later than 1990) to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Agency's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage's reduced, until after thirty (30) days' written notice is given to Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. Page 5 of 12 r 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. Agency and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Douglas D. Dumhart, Economic Development Manager To Consultant: Hunt Design 25 North Mentor Avenue Pasadena, California 91106-1709 Attention: T. Wayne Hunt Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Page 6 of 12 Section 19. Entire Agreement This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof, IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Agency Joe Soto, Chairman Consultant4�Pri ayn untncipal ATTEST: Margaret R. Monahan, Agency Secretary APPROVED AS TO FORM: John R. Shaw, Agency Attorney Page 7 of 12 0 Exhibit A Scope of Work It is the general purpose of the results of this project to improve and reinforce the visual identity and accessibility of San Juan Capistrano primarily with signage and environmental media and by creating a directional wayfinding program to improve vehicle and pedestrian circulation, parking facility usage and perceived city identity. Below is the minimum scope of work for the project, inclusive of meetings schedule. TASK 1: Planning and Research A. Review area overview, map, General Plan Circulation and Community Design Elements, and related materials. Research and review applicable City sign design guidelines, Sign Ordinance, and available signage programs. Identify and evaluate the various arrival, circulation, and departure points throughout the City. B. Firm will perform field survey to identify existing site conditions, including identification of potential conflicts with pre-existing signage in the defined project area, identification of existing trees/tree wells that could impact sign visibility, and identification of any traffic/parking issues or other physical conditions that could impact sign placement or dictate specific construction criteria. C. Firm will research and review all applicable City development guidelines and necessary construction permits, identify right-of-way ownership for all sidewalk sites under consideration, and review any other regulatory agency permits necessary to proceed with installation of way -finding signs. D. Meet with City to discuss project overview, determine program parameters and design approach and identify signage and graphics priorities. (Meeting #1) Work Products: Visual presentation of research; Summary Findings Report. TASK 2: Directional Sign Program Design A. Firm will work primarily with staff at this stage of the project. Firm will research potential artistic design themes appropriate to the character of the project area. Firm will prepare master signage map identifying the number of proposed signs and pinpointing proposed coordinates for location of signs. Firm will prepare two (2) sets of preliminary conceptual design drawings identifying design solutions that will fulfill the intent of the "Streetscape Prototype'; unit dimensions, font sizes/styles, colors, and materials for the following: 1. Wayfinding / Directional Signs. (pedestrian and vehicular) 2. Directory. (pedestrian) Page 8 of 12 EXHIBIT A 3. Destination / Facility Identification signs. 4. Public Parking Lots. 5. Park signs. Concepts will be typical only, for purposes of establishing a comprehensive program of design solutions appropriate to the project. Solutions are to include indications for sizes, materials, colors, fighting, and sign locations. Firm will prepare preliminary cost estimates for the proposed sign design solutions, highlighting any significant variations in per unit cost for the various design solutions. Where possible identify catalog stock product that can be used in -lieu of custom fabrication. B. Firm will be asked to present to Agency staff for review their conceptual design drawings, master signage map, and preliminary cost estimates. It is expected that Agency staff will at that time comment on the design plan, and potentially ask for design revisions. C. Present concepts to community stakeholders for review and selection. (Meeting #2) D. Firm will take any design revision comments into consideration, adjust concept designs, and return to Agency staff with one or possibly two sets revised design solutions and master signage map. E. Prepare up to six (6) color renderings of treated elements. F. Prepare budgetary estimates for treated elements embodying preferred design direction. G. Present draft program to Design Review Committee (DRC) (Meeting #3) and to the Transportation Commission. (TC) (Meeting #4) H. Assist in developing a Phasing Plan for implementation of signage based on client's priorities. /. Present concepts, budgetary estimates, and color renderings to client for review and approval. (Meeting #5) J. Final adjustments and preparation of presentation materials. K. Present recommended program to Planning Commission (PC) for approval. (Meeting #6) L. Present recommended program to City Council for approval. (Meeting #7) Page 9 of 12 0 Work Products: Visual presentations of conceptual and developed sign designs; preliminary budget; phasing plan. TASK 3: Plans and Specifications A. Firm will prepare signage design intent drawings and fabrication specifications. Specifications should include dimensions and elevations, side and top views where appropriate, materials, finishes, color specifications, fonts and message schedule, any applicable manufacturer model numbers, etc. Agency staff to procure sign fabrication services through a competitive bid process will use these design intent drawings and fabrication specifications. B. Firm will prepare schedule of fabrication cost estimates. Agency staff will use these cost estimates in order to determine scope of and phasing of sign fabrication and installation portion of project based upon funds available. The Firm will be asked to create more than one cost estimate scenario to be based upon either complete one-time installation or partial phased -in installation over time. C. Firm will be responsible for identifying and making recommendations as to extent and type of municipal maintenance required in order to maintain the signs after installation. Work Products; design intent drawings; specifications; budget alternatives; maintenance assessment. Page 10 of 12 Task 1: Task 2 Task 3 Expenses: Exhibit B Fee Schedule Planning and Research $ 4,500 Directional Sign Program Design $16,600 Plans and Specifications $14,500 In addition to the above fees Consultant is to be reimbursed for standard expenses incurred in connection with this project at cost. Such expenses include: travel, blueprints, computer imagery, mileage and other normal reproduction charges. In-house color computer output will be charged at Five dollars ($5.00) per page. An estimate budget of $1,500 will be required (excluding multiple copies of documents for distribution) to complete this project. Page 11 of 12 Exhibit C Hourly Rates Principal $150 Designer $120 Programming $110 Technical Drafting $ 80 Page 12 of 12 EXHIBIT C 0 San Juan Capistrano Community Red velopmens AgQgober 19, 2005 0 NOTIFICATION OF ACTION BY THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY On October 18, 2005 the San Juan Capistrano Community Redevelopment Agency met regarding: "Consideration of Personal Services Agreement for Downtown Way - Finding Signage Design Program (Hunt Design) City Council Priority #10" Item No. (63). The following action was taken at the meeting: Personal services agreement with Hunt Design Co. for the development of a Downtown Way -Finding Signage Program, in the amount of $37,100, approved: and $7,100 allocated from Account No. 20-62119-4110 to Account No. 20-65300-4110. If you have any questions regarding this action, please contact Douglas D. Dumhart, Economic Development Manager at 443-6316 for more detailed information. Thank you, Mitzi iz Deputy Agency Secretary Cc: Biesek Design*; Communication Arts, Inc.*; Graphics Solutions*; Hunt Design*; Sussman/Prejza & Company, Inc.*; SKA Design*; Traffic and Parking Control Co.*; Douglas D. Dumhart, Economic Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 - S San Juan Capistrano Community Red velopmens AgQgober 19, 2005 0 NOTIFICATION OF ACTION BY THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY On October 18, 2005 the San Juan Capistrano Community Redevelopment Agency met regarding: "Consideration of Personal Services Agreement for Downtown Way - Finding Signage Design Program (Hunt Design) City Council Priority #10" Item No. (63). The following action was taken at the meeting: Personal services agreement with Hunt Design Co. for the development of a Downtown Way -Finding Signage Program, in the amount of $37,100, approved: and $7,100 allocated from Account No. 20-62119-4110 to Account No. 20-65300-4110. If you have any questions regarding this action, please contact Douglas D. Dumhart, Economic Development Manager at 443-6316 for more detailed information. Thank you, Mitzi iz Deputy Agency Secretary Cc: Biesek Design*; Communication Arts, Inc.*; Graphics Solutions*; Hunt Design*; Sussman/Prejza & Company, Inc.*; SKA Design*; Traffic and Parking Control Co.*; Douglas D. Dumhart, Economic Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 0 0 San Juan Capistrano Community Redevelopment Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m. on October 18, 2005, in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreement for Downtown Way - Finding Signage Design Program (Hunt Design) City Council Priority #10" — Item No. B3. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m, on Monday, October 17, 2005 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.ong. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-aoendasa-sanivancapistrano.oro. Meg Monahan, CMC City Clerk cc: Biesek Design*; Communication Arts, Inc.*; Graphics Solutions*; Hunt Design*; Sussman/Prejza & Company, Inc.*; SKA Design*; Traffic and Parking Control Co.*; Douglas D. Dumhart, Economic Development Manager * Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 Y OF SAN 1 N (PPIST0.ANO n0 V Crt UP S 6 9 i ia��amN BFITY OF SPN JOAN CAPIST+ANO* 9 San Juan Capistrano Community Redevelopment A ency aunt Design 25 North mentor Ave Pasadena, CA 91106-1709 Attention: T. Wayne Hunt Dear Mr. Hunt: October 19, 2005 A Personal Services Agreement related to providing planning and design services for downtown way -finding and direction signage program was approved by the Board of Directors of the Community Redevelopment Agency. An original, executed copy is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Douglas Dumhart, Economic Development Manager (949) 443-6316. Meg Mbn4an, CMC Dumhart, Economic Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 0 DEC 5 2006 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Douglas Dumhart, Economic Development Manager FROM: Christy Swanson, Administrative Secretary DATE: December 1, 2006 SITUATION: At their meeting on October 18, 2005, the San Juan Capistrano Community Redevelopment Agency approved a Consultant Services Agreement with Hunt Design to provide planning and design services for a downtown way -finding and directional signage program. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2006. On June 12, 2006, agreement extended to December 31, 2006 Please notify this office if agreement has been extended or completed. F T4 [4P. O 11011:1 =0 1_1:/ 4 ill DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/01/06 12/01/06 Deadline Date: 06/30/06 12/31/06 (600.40/hunt) 0 a CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Douglas Dumhart, Economic Development Manager FROM: Christy Swanson, Secretary DATE: June 1, 2006 SITUATION: At their meeting on October 18, 2005, the San Juan Capistrano Community Redevelopment Agency approved a Consultant Services Agreement with Hunt Design to provide planning and design services for a downtown way -finding and directional signage program. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2006. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: �,-{,QZo06 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: QC, 3!, 0A00f0 SIGNATURE OF OFFICIAL TAKING ACTION: �z DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY'** Tickler Date: 06/01/06 Deadline Date: 06/30/06 (600.40/hunt)