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
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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.
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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.
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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;
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$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.
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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").
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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.
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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)
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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)
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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.
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Task 1:
Task 2
Task 3:
Expenses:
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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.
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Principal
Designer
Programming
Exhibit C
Hourly Rates
$150
$120
$110
Technical Drafting $ 80
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• • 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
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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.
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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
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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.
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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.
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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:
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$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.
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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)