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16-132 Toole Design Group, LLC, Design Professional Services for Various Bikeway Design and Planning ServicesCity of Cupertino MASTER AGREEMENT FOR CONSULT ANT SERVICES SERVICE ORDER MASTER AGREEMENT l-CP-*Vr>--d-#-,,,?--0 f:/-.... D{)~ P O #: J,-o l 1-.. if O 'P Service Order #: ~ Maximum Compensation: $170,000 TermNTP: 15-Sep-16 End Date: 31-Dec-18 Approval by: City Manager D Director II Date: 15-Sep-16 City Council D Item #: ____ _ Date: Consultant: Firm Name: Toole Design Group, LLC Street: 2120 University Avenue City, State, Zip: Berkeley, CA 94704 Contact Name: Brooke Du Bose Phone: (415) 308-5058 PROJECT DESCRIPTION Project Name: Class III Bicycle Boulevard Design Services Description: Develop conceptual designs for Class III bicycle boulevards along various local streets Ill Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: David Stillman \ '· ------------- City of Cupertino Master Agreement Page 1 of 2 Service Order No. 3 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. # 1 -Class IV Bikeway Design Services on Stevens Creek Blvd -420-99-036-900-905 S.O. # 2 -Cla ss IV Bikeway De sign Services on McClellan Ro ad -420-99-036-900-905 S.O. # S.O. # S.O. # Total Previously Encumbered to Date: Current Unencumbered amount in MA: Encumbrance: S.O. # 3 -Class III Bicycle Boulevard Design Services -420-99-036-900-905 Total Encumbered to Date including this S.O.: Contract Manager: APPROVALS Consultant: David Stillman J nnifer ~ A:LA Director of Public orks: ~'.....,==--- Master Agreement Balance : Date: 24-Jan-17 Date: 1/25/2017 Date: 2j-,/, 7 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: 1/1 D. ~ ~r tJ I"-. D 2-.CJ 2- ~o..-t.,p 1,,t;t-=J-.{)/)2- ~ -# 1() 11°,.. l.\;o v Date: -;r/'i / ( I Amount $170,000 $49,915 $50,207 $0 $0 $0 $100,122 $69,878 $69,782 $169,904 $96 ----- City of Cuper tino Mas ter Agreement Page 2 of 2 Service Order No . 3 Toole Desi gnGroup 2120 University Avenue Berh,!ey, CA 94704 <115 .308.5058 301 .927.2800 fax wvvv,. too1edesign,corn Proposed Scope of Work for Class Ill Bikeway Service Order: Bicycle Boulevards Prepared for the City of Cupertino, CA by Toole Design Group January 17, 2017 Project Limits 1. Class Ill Bike Blvd #7 : Tri-School East/West o Santa Teresa Dr from Hyannisport Dr to Terrace Dr o Terrace Dr from Santa Teresa Dr to Bubb Rd 2. Class Ill Bike Blvd #5 : Portal Ave o Portal Ave from Merritt Dr to Wintergreen Dr 3 . Class Ill Bike Blvd #9 : West Cupertino North/South o Orange Ave from Mann Dr to McClellan Rd o Fort Baker Dr from Presidio Dr to Hyannisport Dr 4 . Class Ill Bike Blvd #4 : Mary Ave to Portal Ave o Meteor Dr from Mary Ave to Castine Ave o Castine Ave from Meteor Dr to Greenleaf Dr o Greenleaf Dr from Castine Ave to Beardon Dr o Beardon Dr from Greenleaf Dr to Greenleaf Dr o Greenleaf Dr from Beardon Dr to End of street o Merritt Dr from End of street to Portal Ave 5 . Class Ill Bike Blvd #8: Tri School North/South o Santa Teresa Dr from Hyannisport Dr to Terrace Dr o Terrace Dr from Santa Teresa Dr to Bubb Rd 6 . Class Ill Bike Blvd #1: Civic Center to Jollyrnan Park o Rodrigues Ave from De Anza Blvd to Terry Way o Terry Way from Rodrigues Ave to Shelly Dr o Shelly Dr from Terry Way to Westacres Dr o Westacres Dr from Shelly Dr to McClellan Rd o Kim St from McClellan Rd to Kirwin Ln o De Foe Dr from Bollinger Rd to Jollyman Park 7. Intersection Studies : o Greenleaf Dr, Bandley Dr, and Mariani Ave o We stacres Dr and Kim St o Alves Dr and Stelling Rd Total bike boulevard length: 5 .11 miles Task 1 -Kickoff Meeting and Project Man agement To ensure this project runs as smoothly as possible, stays on schedule, and results in broad support for a preferred design, the Toole Design Group (TDG) Team has developed a project management approach tailored to the unique needs of this project. We are aware that staff time is a finite commodity, and the following project management plan details how we will keep City of Cupertino staff engaged, informed, and prepared in order to evaluate the proposed bicycle boulevard designs . Toole DesignGroup Kick-off Meeting 2120 University Avenue Berke1ey, CA 94704 415 .303.5058 301.927 2800 fax wvvw. too!cdesign.corn The TDG Team will prepare for, attend, and document a kick-off meeting with City staff to discuss project goals , review existing project materials and planned and on-going projects within the area which may impact the project, and determine the project schedule. Prior to the meeting, TDG and the City of Cupertino project manager will identify the agency staff whose involvement is necessary for project success and invite their participation in the Kick-off Meeting. Project Management This task includes TDG's on-going management of the tasks , coordination with the project team, City of Cupertino , and other entities, and includes preparation of monthly progress reports . TDG will prepare summaries of all meetings and conference calls. TDG anticipates project progress update calls will occur appro ximately once every two to four weeks (and weekly during periods of intense project activity); for a total of up to twelve (12) progress calls over the project's anticipated five to si x-month duration. Task 1 Deliverables: • Attendance at one (1) project kick -off meeting and summary notes • Participation in up to twelve (12) progress calls • Monthly progress reports Task 2 -Data Collection and Fie ld Review TDG will use information provided by the City of Cupertino to develop project base maps for the project locations. TDG will obtain, as available, the following GIS information for the project locations : • pavement edges (street, driveways, parking, sidewalks) • structures, walls • vegetation , water • contours • transit stops • aerial • any other transportation layers • pa reel/ROW • public utilities (water, sanitary sewer) • private ut i lity info (above ground and underground) • lighting, signals, signs • pavement markings • storm drainage Toole DestgnGroup • fences 2120 University Avenue Berke!ey, CA 94704 415.308.5058 301. 927 .2800 fox www.too:edesign.com • street furniture including bicycle racks, trees, parking meters , and trash receptacles • crash locations and types TOG staff will review the data and verify accuracy of information by performing a field visit to the project corridors. Further verification will be done virtually, or with help from City of Cupertino staff. TOG staff will develop the project base map in AutoCAO 2013 format. It is anticipated that the base map will consist of relevant line work on top of orthographic photos. To complete the necessary analysis for the bicycle boulevards , TOG expects to need additional speed and traffic data. TOG will require speed and volume counts at up to 15 locations. These are 24 hour machine counts that record the speed of each vehicle; this data is also useful to determine the 24 hour volume for the street segment. The counts should be taken on a typical weekday . TOG will also require turning movement counts to evaluate intersections. TOG will require turning movement counts at up to 3 locations for AM and PM peak hours (total of 6 counts). If a location is near a school, the school peak may be used . The City of Cupertino will provide the necessary speed, traffic, and t urning movement data. Additionally, TOG requests previous concept plans in their original format . Task 2 Deliverables: • Project base map in AutoCAO 2013 format Task 3 -Develop Toolbox and Preliminary Schematic Design TOG will create a toolbox of potential bicycle boulevard design treatments for traffic control and managing traffic speeds and volumes. TOG will work with the City of Cupertino to narrow the list to those treatments the City feels comfortable implementing. Once the final toolbox is determined, the TOG team will identify the needs for traffic controls and traffic calming, and recommended treatment options along each route . Preliminary Design Schematic TOG will create a preliminary design schematic using the City-provided GIS and aerial photography. The schematic will include general locations , and where applicable , plan view designs for proposed traffic calming elements, traffic controls , wayfinding signs, and pavement markings . In add ition to the schematic, TOG will provide a technical memorandum with. the following content: Toole DesignGroup 2120 Univers,ty Avenue Berkeley, CA 94704 415 .308.5058 301 9272800 fox wv..Jw. too!edesign.corn 1. Description of the design recommendations, based upon traffic characteristics, street geometry, neighborhood interests, and considerations for bicyclists safety and comfort. 2. Discussion of any facility design options that the city should consider. 3. Identification of any issues or deficiencies that need to be addressed prior to construction. 4. Potential phasing or implementation options, if applicable. As necessary, the memorandum may also suggest future improvements that would enhance the function and safety of the bicycle boulevards but are not required to be implemented among the initial improvements. The City of Cupertino will review this memorandum prior to proceeding with facility design. Task 3 Deliverables: • Toolbo x memorandum • Schematic design of bicycle boulevards and intersections . • Technical Memorandum describing the recommended design and other topics as outlined above. Task 4 -Internal Review & Public Outreach Internal Review TOG will present the results of our preliminary schematic design with the City Project Manager and key City staff. This review, along with City red-line comments will be used to refine the proposed design and develop the draft final design for public review. The goal of the workshop is to create a consensus amongst the project team for the elements of the draft final design and note any issues that may be sensitive topics for the public review . Public Outreach TDG understands that the Bicycle Pedestrian Commission is a key stakeholder for this project. TDG will attend two meetings with this group, likely prior to Task 3 and after Task 4. The initial meeting will help inform the preliminary schematic design . The second meeting will be used to review the public input and address any changes to the final draft design based on public comment . Since the proposed bicycle boulevards are in residential areas, TOG recommends a high level of public engagement for this project. TDG proposes grouping the projects into two geographic groupings for outreach meetings or open houses , with two meetings planned for each group (4 meetings total). The public meetings or open houses will be designed to facilitate input from a broad spectrum of residents and users i n the corridor with the goal of creating project ownership within the community . In addition Toole DesignGroup 2120 University Avenue Berke1ey, CA 94704 <l 15 .308.5058 301. 927 .2800 fax www. too!edcsign.corn to traditional methods of outreach we will also consider non-traditional methods of engaging stakeholders such as pop-up project information tables at De Anza Community College, large businesses, Cupertino Library, and high schools . Task 5 -Conceptual Design Based on the direction provided by the City during the Task 4 workshop and public outreach, TOG will develop final conceptual (plan view) drawings of the preferred configuration(s) for the project corridors to a concept design level. Like the preliminary schematic design, the conceptual design will be placed on top of City-provided GIS and aerial photography. For design treatments that have a typical design, such as speed bumps, the general location of the treatment along with standard details will be provided. For treatments where site specific design detail is needed, such as curb bulb-outs, the plans will include plan view renderings with key dimensions . The purpose of this task will be to identify potential design challenges and provide solutions and direction to City staff. The designs will include options for rapid implementation treatments as well as permanent construction. All drawings will be developed to conform to City of Cupertino CADD standard s. TOG will provide the plans for City review . Based upon this review, TOG will respond to comments , make changes to the drawings, and provide all design files to the City in anticipation of future final design . TOG will also prepare a Design Memorandum outlining the design principles utilized throughout the design process . Task 5 Deliverables: • Final conceptual (plan v iew) drawings of the preferred configurations on top of GIS data and orthographic photo base for the project corridors to a concept design level. • Plan sheets for improvements that require civil infrastructure changes will be provided . • Respond to one round of review comments and resubmit as appropriate • Provide a Design Memorandum and final CADD design files Toole Design Group, LLC Proposed Fee 1/17/2017 Task 1 Kickoff Meeting Task 2 Data Collection Task 3 Develop Toolbox Task 4 Inte rnal Revi ew & Task 4 Optional Task: Task 5 -Final Concept Class Ill Bikewalk Service Order: Bicycle Boulevards and Project and Fi eld Review and Prelim inary Public Outreach Website Design City of Cupertino, CA Management Schematic Task Hours I Task Cost Task Hours I Task Cost Task Hours I Task Cost Task Hours I Task Cost Task Hours I Task Cost Task Hours I Task Cost Total Hours \ Total Cost l Total 19 I $3,224 38 I $4,210 162 I $19,864 114 I $15,678 ol $0 196 I $24,406 529 I $67,3821 Reimbursable Costs Kick-Off Meeting Trave l $ 400 Outreach Meeting(s) Trave l $ 2,000 Total Reimbursable Costs $ 2,400 Total Consultant Fee $ 69,782 Class Ill Bike Boulevard Design Services for City of Cupertino Schedule 1.0 Kickoff Meeting and Project Management Kickoff Meeting 2.0 Data Collection and Field Review Create Basemap using GIS data Fie ld observation 1--1----; Traffic volume and speed data collection 3.0 Develop Toolbox and Prelim. Schematic Design Toolbox memorandum of speed and volume management treatments Review traffic data collected to recommend specific treatments Schematic design and technical memora n dum 4.0 Internal Review & Public Outreach Internal review of schematic design Outreach meetings 5.0 Conceptual Design Early implemenation package Final conceptual package BPC = Bike Pede strian Commi ss ion ; sta keholder group meeting (scope includes two meetings} LOH= Loc al open hou se ; for two different geographic groups (scope includes two meetings per geographic group) City of Cupertino MASTER AGREEMENT FOR CONSULT ANT SERVICES SERVICE ORDER MASTER AGREEMENT l-ct."v~ JJ- ;> 0 #. 2017-278 J-o, ".\--;l Service Order #: 2_ Maximum Compensation: $170,000 TermNTP: 15-Sep-16 End Date: 31 -Dec-18 Approval by: City Manager D Director II Date: 15-Sep-16 City Council D Item #: ____ _ Date: Consultant: Firm Name: Toole Design Group, LLC Street: 2tzo-university Avenue City, State, Zip: Berkeley, CA 94704 Contact Name: Brooke Du Bose Phone: (415) 308-5058 PROJECT DESCRIPTION Project Name: Class IV Bikeway Design Services on McClellan Road Description: Develop conc eptual desi gns for a Cla ss II, III and IV bikeway alon g McClellan Road and various local streets Ill Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Mas ter Agreement Public Works Project Manager: David Stillman ------------- Page 1 of 2 Service Order No . 2 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET/ FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. # 1 -Class IV Bikeway Design Services on Stevens Creek Blvd -420-99-036-900-905 S.O. # S.0.# s.o. # S.O. # Amount $170,000 $49,915 $0 $0 $0 $0 Total Previously Encumbered to Date: $49,915 ----- Current Unencumbered amount in MA: $120,085 Encumbrance: S.O. # 2 -Class IV Bikeway Design Services on McClellan Road -420-99-036-900-905 ~'r o I Cp • o 7' ·Or Total Encumbered to Date including this S.O .: ~ a. ~"r,. 3r1-Contract Master Agreement Balance: Manager: David Stillman Date: 26-0ct-16 APPROVALS Consultant: J nnife L. To le, AICP~~ Director of Publi rks: ~~ Date: lo/z1 / l (Q Date: j o /:?.;/I ~ Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature . ' City Finance: ~ILW:M:: Date: Man~gement Analyst $50,207 $100,122 $69,878 ----- City of Cupertino Master Agreement Page 2 of 2 Service Order No. 2 Proposed Scope of Work for Class IV Bikeway Design Services on McClellan Road Prepared for the City of Cupertino, CA by Toole Design Group October 24, 2016 Task 1-Kickoff Meeting and Project Management To ensure this project runs as smoothly as possible, stays on schedule and results in broad support for a preferred design, the Toole Design Group (TOG) Team has developed a project management approach tailored to the unique needs of this project. We are aware that staff time is a finite commodity, and the following project management plan details how we will keep City of Cupertino staff engaged, informed, and prepared in order to evaluate the alternative designs and select a preferred option for McClellan Road bikeway. Kick-off Meeting The TOG Team will prepare for, attend, and document a kick-off meeting with City staff to discuss project goals, review existing project materials and planned and on-going projects within the area which may impact the study, and determine the project schedule. Prior to the meeting, TOG and the City of Cupertino project manager will identify a list of agency staff whose involvement is necessary for project success . Key staff who will be responsible for signing off on each element of the project will be invited to participate in a Technical Advisory Group, as appropriate, or otherwise be kept informed. TOG will summarize the kick-off meeting in meeting notes for distribution. This meeting will be combined with the kick-off for the Stevens Creek Boulevard project. Project Management This task includes TDG's on-going management of the tasks, coordination with the project team, City of Cupertino, and other entities, and includes preparation of monthly progress reports. TOG will prepare summaries of all meetings and conference calls . TOG anticipates project progress update calls will occur approximately once every two to four weeks (and weekly during periods of intense project activity); for a total of up to twelve (12) progress calls over the project's anticipated five-to six-month duration. Task 1 Deliverables: • Attendance at one (1) project kick-off meeting and summary notes • Participation in up to twelve (12) progress calls • Monthly progress reports Scope of Work for Class IV Bikeway Design Services on McClellan Road Toole Design Group, LLC October 24, 2016 1 Task 2 -Data Collection and Field Review TOG will use information provided by the City of Cupertino to develop a project base map of the corridor. A review of all current planning and design documents for the City of Cupertino will also be completed under this task . TOG will obtain , as available, the following GIS information for the project corridor: • pavement edges (street, driveways, parking, sidewalks) • structures, walls • vegetation , water • contours • transit stops • aerial • any other transportation layers • parcel/ROW •~r::iublic utilities (water, sanitary~sewer) • private utility info (above ground and underground) • lighting, signals , signs • pavement markings • storm drainage • fences • street furniture i ncluding bicycle racks, trees, parking meters, and trash receptacles • crash locations and types Additionally, TOG request s existing peak-hour vehicle turning movement counts at intersections including bicycle s and pedestrian s, motor vehicle ADT traffic volumes, previous concept plans in their original format, signal timing plans for all intersections, and any significant re-development sites along the corridor. TOG staff will review the data and verify accuracy of information by performing a field visit to the project corridor. Further verification will be done virtually, or with help from City of Cupertino staff. TOG staff will develop the project base map in AutoCAD 2013 format . Task 2 Deliverables: • Project base map in AutoCAD 2013 format • Summary of planning and design documents reviewed Scope of Work fo r Cla ss IV Bikeway Design Service s on McClellan Road Toole Design Group, LLC October 24, 2016 2 Task 3 -Develop Design Criteria and Preliminary Alternatives Analysis To ensure project success, TDG recommends that design criteria for the Class IV Bikeway Design be developed and agreed on at the beginning of the project. Design criteria will include the assumed design vehicle for intersection turning movements and desired and minimum lane widths. Once design criteria are set, the TDG team will identify opportunities and constraints along the corridor. The results will be shared with City staff in Task 4. Preliminary Alternatives Analysis TDG will conduct a preliminary alternatives analysis, using the City provided GIS and aerial photography of the corridor. Cross-sections for key segments along the corridor will be developed and evaluated to determine alternatives. Critical intersections will be drawn in plan view on aerial base maps to depict alternatives for intersection configurations and separated bike lane design. The project will include analysis of the following roadway segments: • Class Ill bike route between Foothill Boulevard and Byrne Avenue o The recent improvements along this segment wilroefurther refined under this scope of work • Class IV bike lanes between Byrne Avenue and De Anza Boulevard (BMP recommendation) • Class II bike lanes between De Anza Boulevard and Torre Avenue (BMP recommendation) • Class Ill bicycle boulevard between Torre Avenue and Sterling Boulevard (BMP recommendation) o TDG will review and refine the BMP recommendations to determine the best route through this segment of the corridor Additionally, spot improvement locations are identified on the project corridor at Stelling Road, Westacres Drive/Kim Street, Rose Blossom Drive and De Anza Boulevard . These improvement locations will be captured in our preliminary analysis. TDG staff will identify the opportunities and constraints along the corridor, and develop options for the two different implementation timelines: rapid and long term . Rapid implementation assumes that existing curb is not moved, and that materials can be installed quickly (i.e . paint and flexible separators). Long term implementation assumes that some existing curb may be moved , and that materials are more permanent (i.e. concrete curb separation). TDG will analyze traffic operations for peak period conditions at the Bubb Road, Stelling Road and De Anza Boulevard intersections to evaluate alternatives along the McClellan Road corridor. This analysis will rely on turning movement count data provided by the City for existing conditions and will compare existing traffic operations with potential alternative lane configurations. Additional counts will be collected at the McClellan Rd/Bubb Rd, and McClellan Rd/Stelling Rd intersections during the AM and PM peak periods, as well as the PM school dismis sa l period. TDG's highest priority is safety for all modes, and we propose using this analysis to evaluate lane geometry and signal phasing to evaluate the potential feasibility of the proposed alternatives with that goal in mind . Additional traffic model i ng, beyond the scope of this evaluation, may be required to develop more detailed recommendations for signal operations and timing to support future implementation . Scope of Work for Clas s IV Bikeway Design Services on McClellan Road Toole Design Group, LLC October 24, 2016 3 Task 3 Deliverables: • Design Criteria memorandum • Cross sections of alternatives • Illustrative plan view drawings of alternatives Task 4 -Internal Workshop & Outreach Internal Review Workshop TDG recommends sharing the results of our preliminary alternatives analysis with key City staff in a workshop-meeting format. TDG will bring cross sections and plan view diagrams that illustrate the development of ideas and identify the opportunities and constraints along the corridor in both the rapid implementation and long term approach to the design. Task 3 work products will also be presented, and discussions will focus on the following topics: • ADA and accessibility considerations • Bicycle/pedestrian and bicycle/transit conflicts • Signalization strategies at intersections • Intersection transition design at the beginning/end of facility; connections to intersecting bikeways • Pavement markings for conflict zones (i.e. driveways) • Maintenance • Parking/loading/emergency vehicle considerations • Construction techniques The goal of the workshop is create consensus internally for a design approach for both the rapid and long term implementation of the Class IV Bikeway and spot improvements along the project corridor. To make efficient use of City staff's time, this workshop will be combined with the Stevens Creek Boulevard workshop. Public Outreach TDG understands that the Bicycle Pedestrian Commission is a key stakeholder for the project. Outreach with this group will likely occur prior to Task 3, and will help inform discussions regarding the project design criteria and the preliminary alternatives analysis. Establishing regular communication and providing opportunities for input on the design with the Bicycle Pedestrian Commission, but also with a broader sector of the business owners and public along the corridor, will increase engagement, project ownership and the chance for project success . In addition, thoughtful public engagement to garner support is needed to ensure successful implementation of this project and the concurrent Stevens Creek Boulevard separated bikeway design project. These are ·innovative design concepts that may require education and ongoing communication for the public to understand and embrace them. To this end, City staff will create a dedicated webpage about the bikeway design projects . TDG will provide support on content for these updates as needed. Scope of Work for Class IV Bikeway Design Services on McClellan Road Toole Design Group, LLC October 24, 2016 4 TDG will also prepare for and facilitate a public open house to present the concepts for both corridors. Messaging and education will be important for the surrounding community to support these projects, as well as for drivers and bicyclists to understand the proper use of these facilities. TDG can share successful examples from similar recent projects. Task 4 Deliverables: • Preparation and attendance of Bicycle and Pedestrian Commission meeting • Preparation and facilitation of Internal Review Meeting • Preparation and facilitation of public Open House • Ongoing outreach support for City website and other outreach materials Task 5 -Conceptual Design Based on the direction provided by the City during the Task 4 workshop and outreach, TDG will develop finaLconceptuaL(plan view)Jay_outs-oLthe-preferred-configuration(s)-for the-project-corridor to-a-- concept design level at up to five (5) intersections, and cross-sections for the critical segments of the corridor. Typical design treatments will be provided for driveways and other common contexts along the corridor. The purpose of this task will be to identify potential design challenges and provide solutions and direction to City staff. Although the designs will focus on the rapid implementation treatments, TDG will also identify the outlines of optional long term protecting medians or other physical barriers (such as pre-cast medians) as well as curb ramp improvements (if needed). All drawings will be developed to conform to City of Cupertino CADD standards. TDG will provide the plans for City review. Based upon this review, TDG will respond to comments, make changes to the drawings, and provide all design files to the City in anticipation of future final design. TDG will also prepare a Design Memorandum outlining the design principles utilized throughout the design process . Task 5 Deliverables: • Final conceptual (plan view) intersection designs at up to five (5) locations • Segment cross-sections of preferred rapid and long term implementation configurations at up to eight (8) locations • Respond to one round of review comments and resubmit as appropriate • Provide a Design Memorandum and final CADD design files Scope of Work for Clas s IV Bikeway Design Services on McClellan Road Toole Design Group , LLC October 24, 2016 5 Bikeway Design Services for McClellan Road Schedule 1.0 Kickoff Meeting and Project Management Kickoff Meeting 2.0 Data Collection and Field Review Create Basemap using GIS data Traffic data review {TMCs, signals) Field review for accuracy Literature review 3.0 Design Criteria and Prelim. Alternatives Analysis Design Criteria Memorandum Preliminary Alternatives Analysis Traffic Analysis 4.0 Internal Workshop & Outreach Internal Workshop Outreach 5.0 30% Conceptual Design 1-Apr Toole Design Group, LLC Final Fee Bikeway Design Services on McClellan Road City of Cupertino, CA Task Task 1 Kickoff Meeting and Project Management Task 2 Data Collection and Field Review Task 3 Design Criteria and Alternatives Analysis Task 4 Workshop & Outreach Task 5 -Concept Design Reimbursable Costs TOTAL 10/25/2016 Fee $3,472 $4,400 $17,926 $10,332 $13,077 $1,000 $50,207 City of Cupertino MASTER AGREEMENT FOR CONSULT ANT SERVICES SERVICE ORDER MASTER AGREEMENT p 0 #: 2017-278 Z-0(1.-2-{...()N~H=- Service Order #: l Maximum Compensation: Term NTP: 15-Sep-16 End Date: Approval by: City Manager D Director II Date: City Council D Item #: ____ _ Date: Consultant: $170,000 31-Dec-18 15-Sep-16 Firm Name: Toole Design Group, LLC Street: 2120 University Avenue City, State, Zip: Berkeley , CA 94704 Contact Name: Brooke Du Bose Phone: (415) 308-5058 PROJECT DESCRIPTION Project Name: Class IV Bikeway Design Services on Stevens Creek Blvd Ill Description: Develop conceptual designs for a Cla ss N bikeway along Stevens Cr eek Blvd Ill Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Mas ter Agreement Public Works Project Manager: David Stillman ------------~ Page 1of2 Serv ice Order No. 1 City of Cupertino MASTER AGREEMENT FOR CONSULT ANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. # S.O . # S.O. # S.O. # S.O. # Amount $170,000 $0 $0 $0 $0 $0 Total Previously Encumbered to Date : $0 ----- Current Unencumbered amount in MA: $170,000 Encumbrance: S.O. # 1 -Clas s N Bikeway Design Services on Stevens Creek Blvd -420-99-036-900-905 $49,915 Contract Manager: APPROVALS Consultant: David Stillman Total Encumbered to Date including this S.O.: $49,915 ----- Master Agreement Balance: $120,085 ----- Date: 27-Sep-16 Date: I I Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: City of Cupertino Mas ter Agreement Page 2 of 2 Date: Service Order No. 1 Proposed Scope of Work for Class IV Bikeway Design Services on Stevens Creek Boulevard Prepared for the City of Cupertino, CA by Toole Design Group September 15, 2016 Task 1-Kickoff Meet ing and Project Management To ensure this project runs as smoothly as possible, stays on schedule and results in broad support for a preferred design, the Toole Design Group (TDG) Team has developed a project management approach tailored to the unique needs of this project. We are aware that staff time is a finite commodity, and the following project management plan details how we will keep City of Cupertino staff engaged, informed, and prepared in order to evaluate the alternative designs and select a preferred option for Stevens Creek Boulevard bikeway. Kick-off Meeting The TOG Team will prepare for, attend, and document a kick-off meeting with City staff to discuss project goals, review existing project materials and planned and on-going projects within the area which may impact the study, and determine the project schedule . Prior to the meeting, TOG and the City of Cupertino project manager will identify a list of agency staff whose involvement is necessary for project success. Key staff who will be responsible for signing off on each element of the project will be invited to participate in a Technical Advisory Group, as appropriate, or otherwise be kept informed. TOG will summarize the kick-off meeting in meeting notes for distribution. Staff attending the kickoff meeting will include Brooke Dubose , Robert Burchfield (by phone) and Craig Schoenberg (by phone). Project Management This task includes TDG's on-going management of the tasks, coordination with the project team, City of Cupertino, and other entities, and includes preparation of monthly progress reports . TOG will prepare summaries of all meetings and conference calls. TOG anticipates project progress update calls will occur approximately once every two to four weeks (and weekly during periods of intense project activity); for a total of up to twelve (12) progress calls over the project's anticipated six-to eight-month duration. Task 1 Deliverables: • Attendance at cine (1) project kick -off meeting and summary notes • Participation in up to twelve (12) progress calls • Monthly progress reports Scope of Work for Class IV Bikeway Design Services on Stevens Creek Boulevard Toole Design Group, LLC September 15, 2016 1 Task 2 -Data Collection and Fie ld Review TOG will use information provided by the City of Cupertino to develop a project base map of the corridor. A review of all current planning and design documents for the City of Cupertino will also be completed under this task . TOG will obtain, as available, the following GIS information for the project corridor: • pavement edges (street, driveways, parking, sidewalks) • structures, walls • vegetation, water • contours • transit stops • aerial • any other transportation layers • parcel/ROW • public utilities (water, sanitary sewer) • private utility info (above ground and underground) • lighting, signals , signs • pavement markings • storm drainage • fences • street furniture including bicycle racks, trees, parking meters, and trash receptacles • crash locations and types Additionally, TOG requests existing peak-hour vehicle turning movement counts at intersections including bicycles and pedestrians, motor vehicle AOT traffic volumes, previous concept plans in their original format, signal timing plans for all intersections, and any significant re-development sites along the corridor. TOG staff will review the data and verify accuracy of information by performing a field visit to the project corridor. Further verification will be done virtually, or with help from City of Cupertino staff. TOG staff will develop the project base map in AutoCAD 2013 format. Task 2 Deliverables: • Project base map in AutoCAD 2013 format • Summary of planning and design documents reviewed Scope of Work for Class IV Bikeway Design Services on Stevens Creek Boulevard Toole Design Group, LLC September 15, 2016 2 Task 3 -Develop Design Criteria and Preliminary Alternatives Analysis To ensure project success, TDG recommends that design criteria for the Class IV Bikeway Design be developed and agreed on at the beginning of the project . Design criteria will include the assumed design vehicle for intersection turning movements and desired and minimum lane widths . Once design criteria are set, the TDG team will identify opportunities and constraints along the corridor. The results will be shared with City staff in Task 4. Preliminary Alternatives Analysis TDG will conduct a preliminary alternatives analysis, using the City provided GIS and aerial photography of the corridor. Cross-sections for key segments along the corridor will be developed and evaluated to determine alternatives . Critical intersections will be drawn in plan view on aerial base maps to depict alternatives for intersection configurations and separated bike lane design . TDG staff will identify the opportunities and constraints along the corridor, and develop options for the two different implementation timelines: rapid and long term . Rapid implementation assumes that existing curb is not moved, and that materials can be installed quickly (i.e. paint and flexible separators). Long term implementation assumes that some existing curb may be moved, and that materials are more permanent (i.e. concrete curb separation). TDG will analyze traffic operations for AM and PM peak hour conditions to evaluate alternatives at up to three (3) intersections along the Stevens Creek Blvd corridor. This analysis will rely on turning movement count data provided by the City for existing conditions and will compare existing traffic operations with potential alternative lane configurations. TDG's highest priority is safety for all modes, and we propose using this analysis to evaluate lane geometry and signal phasing to evaluate the potential feasibility of the proposed alternatives with that goal in mind. Additional traffic modeling, beyond the scope of this evaluation, may be required to develop more detailed recommendations for signal operations and timing to support future implementation . Task 3 Deliverables: • Design Criteria memorandum • Cross sections of alternatives • Illustrative plan view drawings of alternatives Scope of Work for Class IV Bikeway Design Services on Stevens Creek Boulevard Toole Design Group, LLC September 15, 2016 3 Task 4 -Interna l W orkshop & Outreach Workshop TDG recommends sharing the results of our preliminary alternatives analysis with key City staff in a workshop-meeting format . TDG will bring cross sections and plan view diagrams that illustrate the development of ideas and identify the opportunities and constraints along the corridor in both the rapid implementation and long term approach to the design . Task 3 work products will also be presented , and discussions will focus on the following topics: • ADA and accessibility considerations • Bicycle/pedestrian and bicycle/transit conflicts • Signalization strategies at intersections • Intersection transition design at the beginning/end of facility; connections to intersecting bikeways • Pavement markings for conflict zones (i.e . driveways) • Maintenance • Parking/loading/emergency vehicle considerations • Construction techniques The goal of the workshop is create consensus internally for a design approach for both the rapid and long term implementation of the Class IV Bikeway. Outreach TDG understands that the Bicycle Pedestrian Commission is a key stakeholder for the project. Outreach with this group will likely occur prior to Task 3, and will help inform discussions regarding the project design criteria and the preliminary alternatives analysis. Establishing regular communication and providing opportunities for input on the design with Bicycle Pedestrian Commission , but also with a broader sector of the business owners and public along the corridor, will increase engagement, project ownership and the chance for project success . Task 5 -Co n cep tu a l Des ig n Based on the direction provided by the City during the Task 4 workshop and outreach, TDG will develop final conceptual (plan view) layouts of the preferred configuration(s) for the project corridor to a concept design level at up to five (5) intersections, and cross-sections for the critical segments of the corridor. Typical design treatments will be provided for bus stops, driveways and other common or challenging contexts along the corridor. The purpose of this task will be to identify potential design chal lenge s and provide solutions and direction to City staff. Although the designs will focus on the rapid implementation treatments, TDG will also id entify the outlines of optional long term protecting medians or other physical barriers (such as pre-cast medians) as well as curb ramp improvements (if needed). All drawings will be developed to conform to City of Cupertino CADD standards. TDG will provide the plans for City review . Based upon this review, TDG will respond to comments, make changes to the drawings , and provide all design files to the City in anticipation of future final design . TDG Scope of Work for Cla ss IV Bikeway Design Services on Stevens Creek Boulevard Toole Design Group, LLC September 15, 2016 4 will also prepare a Design Memorandum outlining the design pr i nciples utilized throughout the design process . Task 5 Deliverables: • Final conceptual (plan view) intersection designs at up to five (5) locations • Segment cross -sections of preferred rapid and long term implementation configuration s at up to twelve (12) locations • Respond to one round of review comments and resubmit as appropriate • Provide a Design Memorandum and final CADD design files Scope of Work for Cla ss IV Bikeway Design Service s on Stevens Creek Boulevard Toole Design Group, LLC September 15, 2016 5 Class IV Bikeway Design Services on Stevens Creek Boulevard Schedule 1.0 1 I Kickoff Meeting and Project Management Kickoff Meeting 2.0 1 I Data Collection and Field Review Create Ba se map using GIS data Traffic data review (TMCs , signals) Field review for accuracy Literature review 3.0 I I Design Cr iteria and Prelim. Alternatives Analysis Design Criteria Memorandum Preliminary Alternatives Analysis Traffic Analysis 4.0 I I Internal Workshop & Outreach Internal Workshop Outreach 5.0 1 130% Conceptual Design 1-Ap Oct.13 Oct. 19 INov. 16 Toole Design Group, LLC Final fee Class IV Bikeway Design Services on Stevens Creek Blvd City of Cupertino, CA rask Task 1 Kickoff Meeting and Project Management Task 2 Data Collection and Field Review Task 3 Design Criteria and Alternatives Analysis Task 4 Workshop & Outreach Task 5 -Concept Design Reimbursables TOTAL 9/23/2016 Fee $4,296 $5,692 $16,176 $7,780 $13,771 $2,200 $49,915 MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND TOOLE DESIGN GROUP, LLC FOR DESIGN PROFESSIONAL SERVICES FOR VARIOUS BIKEWAY DESIGN AND PLANNING SERVICES This Master Agreement for Design Professional Services ("Agreement"), dated ?'±#t· 1 ~/Z-Ot(p 2016, is entered into by and between City of Cupertino, a municipal corporation ("City"), and Toole Design Group. LLC. a Limited Liability corporation ("Design Professional"). RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code . B. Design Professional represents that it is specially trained, experienced and competent to perform the civil engineering ("Services ") required by this Agreement. C. Design Professional represents that it is duly licensed in good standing by the State of California to perform such Services. D. City is entering into this Agreement in reliance upon Design Professional's representations, set forth above, to provide the Services in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. TERM: The term of this Agreement ("Term") will begin on the date this Agreement is fully executed by both parties and will terminate on December 31, 2018, unless terminated earlier as set forth below. 2. SERVICES TO BE PERFORMED: Design Professional will provide Services under this Agreement on an "as needed " basis, in response to and in compliance with this Agreement and the Scope of Services set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein, and in compliance with each Service Order authorized by the City . The City has sole discretion to authorize any Service Order, but has no obligation to authorize any Service Order under this Agreement. Services may only be provided by Design Professional in response to and in compliance with a Service Order issued by the City's Director of Public Works or his or her delegee (collectively, "Director") in accordance with the following procedures, except or unless otherwise specified in Exhibit A: A. Service Order Development. The Director will provide a written request for Design Professional 's Services, including a request to schedule a meeting within a specified time to discuss the requested Services. The Design Professional will meet with the City within the time specified in the written request. After the initial meeting, Design Professional must submit to City within the time specified by the City, a written proposal which includes, at a minimum, the specific scope of services, schedule of performance, and compensation . City of Cupertino Page 1 of 12 Toole Design Group For Bikeway Design and Planning Services Following receipt and review of the written proposal , the parties will meet to discuss the proposal and the terms of the Service Order to be issued by the City. The City will prepare a Service Order, using the Service Order Form attached as Exhibit B, Service Order Form , attached hereto and incorporated herein, specifying the scope of Services, deliverables, the schedule of performance, compensation and any other applicable terms. The Director has the discretionary authority, but not the obligation , to streamline these procedures, e.g., conferring by telephone instead of meeting , when the Director deems it is in the City 's best interest to do so . B. Service Order Execution. The Service Order must be executed by authorized representatives for each party before any Services may be performed . Design Professional will not be entitled to compensation for any Services performed without a duly authorized and fully executed Service Order. C. Reports. Design Professional must provide City with written reports concerning the status of Services required under this Agreement, at the time and in the form required by the City. 3. SCHEDULE OF PERFORMANCE: All Services must be provided within the t ime specified in the schedule of performance for each Service Order. All Services under this Agreement must be completed on or before the end of the Term. The schedule of performance for a Service Order may not extend beyond the Term . 4. COMPENSATION: A. Not to Exceed Limits. Compensation for Services provided under each Service Order will be based on the rates set forth in Exhibit C , Compensation , attached hereto and incorporated herein, and will be subject to any maximum compensation limit specified in the Service Order. The total, aggregate compensation to be paid to Design Professional during the Term of this Agreement may not exceed One Hundred Seventy Thousand Dollars ($170,000.00). B. Invoices and Payments. City will pay Design Professional for Services satisfactorily provided under a Service Order, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month, unless otherwise provided by a Service Order. Unless otherwise provided by a Service Order, each invoice must include, for each day Services were provided : 1. The name of each individual providing Services ; 2. A succinct summary of the Services performed by each such individual; 3. The time spent by each individual providing those Services; 4. The applicable hourly billing rate and payment due; and 5. A detailed breakdown of all allowable expenses . All hourly rates and allowable ex penses must conform to the City-approved rates set forth in Exhibit C. City of Cupertino Toole Design Group For Bikeway Design and Planning Services Page 2of12 5. TIME IS OF THE ESSENCE: Time is of the essence for the performance of all Services required under each Service Order and for all of Design Professional's duties under this Agreement. Design Professional must at all times have sufficient, qualified staff or subconsultants assigned to provide timely provision of all Services under this Agreement. Design Professional must respond promptly to Service Order requests; and, when applicable, to contractor requests, including , but not limited to, requests for information, substitution requests and change order requests . 6. STANDARD OF CARE: All Services must be provided in a manner that meets or exceeds the standard of care applicable to the same type of design professionals performing similar work in the San Francisco Bay Area . Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Agreement. 7. ERRORS AND OMISSIONS: Design Professional is solely responsible for all of its or its subconsultants' errors and omissions and must promptly correct any and all such errors and omissions at its sole expense. Design Professional must also take appropriate measures to avoid or mitigate any delay, liability or costs resulting from any such errors or omissions . This provision survives expiration or termination of this Agreement. 8. PROJECT COORDINATION: A. City's Representative. The Director's authorized delegee, David Stillman will be the City's representative for all purposes under this Agreement, serving as the Project Manager with authority to oversee the progress and performance of Services under this Agreement. The City reserves the right to replace or provide a substitute Project Manager at any time, and without prior notice to the Design Professional. B. Design Professional's Representative. Design Professional will assign a single Project Executive, subject to City approval, with authority to receive and act on directions from the City and responsibility for the progress and performance of Services under this Agreement. The designated Project Executive is Brooke DuBose . If a substitute or replacement Project Executive is required for any reason , the City must be notified of the need as soon as possible, Design Professional's designation of the individual proposed to serve as the substitute or replacement will be subject to the Director's prior written approval. Design Professional is not entitled to compensation for the time required for the substitute or replacement Project Executive to obtain sufficient knowledge of the required Services to fully assume the former Project Executive 's responsibilities. 9. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. Design Professional will, to the fullest extent allowed by law, with respect to all Services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers (collectively, the "Indemnified Parties ") from and City of Cupertino Toole Design Group For Bikeway Design and Planning Services Page 3of12 against any and all liability, claims , actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature (collectively, "Liability "), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional or Design Professional's employees , officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation . Design Professional is not obligated under this Agreement to indemnify City to the extent that any Liability is caused by the sole or active negligence or willful misconduct of any of the Indemnified Parties . In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City , at no additional cost to the City, in analyzing, defending, and resolving such Liability . B. Claims For Other Liability. For all liabilities other than those included within paragraph (A) above, Design Professional will , to the fullest extent allowed by law, indemnify, defend, and hold harmless the Indemnified Parties against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Design Professional or Design Professional's employees, officers, officials, agents or subco_nsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation . Design Professional will not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of the Indemnified Parties . C. Claims Involving Intellectual Property. In addition to the obligations set forth in paragraphs (A) and (B) above, Design Professional will indemnify, defend, and hold the Indemnified Parties harmless from and against any claim in which an alleged violation of intellectual property rights , including but not limited to copyright or patent rights, arises out of, pertains to, or relates to Design Professional 's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice , expert fees and all other costs and fees of litigation . D. Survival. The requirements of this section survive expiration or termination of this Agreement. 10. INSURANCE: On or before the commencement of the Term of this Agreement , Design Professional must furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage required in this section . Such certificates, which do not limit Design Professional's indemnification obligations, must also contain substantially the following statement: "If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino, Attention : City Manager." Design Professional will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California . Design Professional must also submit endorsements with the certificates naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies, as further specified below. City of Cupertino Toole Design Group For Bikeway Design and Planning Services Page 4of12 A. Coverage . Design Professional must maintain the following insurance coverage: 1. Workers'Compensation: Statutory coverage as required by the State of California . If Design Professional is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. 2. Liability: Commercial general liability coverage in the following minimum limits : Bodily Injury: $500,000 each occurrence $1,000,000 aggregate -all other Property Damage: $100,000 each occurrence . $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. 3 . Automotive: Commercial automotive liability coverage for owned, non-owned and hired vehicles, in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each accident 4 . Professional Liability: Professional liability insurance which includes coverage for the professional acts , errors and omissions of Design Professional in the amount of at least $1,000,000 per claim and in the aggregate. The professional liability insurance must include prior acts coverage, which must remain in effect for four years following the earlier of expiration or termination of the Term of this Agreement. B. Subrogation Waiver . Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. Design Professional agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Design Professional will look solely to its insurance for recovery. C. Failure to Comply. If Design Professional at any time during the Term of this Agreement fails to secure or maintain the required insurance, City may obtain or maintain the insurance in the Design Professional's name or on behalf of the Design Professional and will be compensated by the Design Professional for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid . D. Additional Insured Endorsements. City, its City Council, boards and commissions, officers, officials, employees, agents and volunteers must be named as additional insureds under all insurance coverages, except any worker's compensation and professional City of Cupertino Page 5 of 12 Toole Design Group For Bikeway Design and Planning Services liability insurance , required by this Agreement. Any additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Design Professional. Design Professional is advised to confer with Design Professional's insurance broker to determine adequate coverage for Design Professional. 11. INDEPENDENTCONTRACTOR: City and Design Professional intend that the relationship between them created by this Agreement is that of owner-independent contractor . The manner and means of providing the Services are under the control of Design Professional , except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Design Professional's performance of the Services. None of the benefits provided by City to its employees, including, but not limited to , unemployment insurance, workers' compensation plans, vacation and sick leave, are available from City to Design Professional, its employees or agents. Deductions will not be made for any state or federal taxes , FICA payments , PERS payments, or other purposes normally associated with an employer-employee relationship from any payments due to Design Professional. Payments for the above items, if required , are the responsibility of Design Professional. 12. SUBCONSULTANTS: Unless prior written consent from City is obtained, only those individuals and subconsultants whose names are included in this Agreement , including the Exhibits hereto , may provide Services under this Agreement. Design Professional must require all of its subconsultants providing Services under this Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Design Professional must be required to furnish proof of workers' compensation insurance and must also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance required for Design Professional. 13. IMMIGRATION REFORM AND CONTROL ACT llRCAl: Design Professional assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services, pursuant to all applicable IRCA or other federal, or state laws , rules or regulations . Design Professional will indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with this section by Design Professional. 14. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer or employee conduct, Design Professional agrees that harassment or discrimination directed toward a job applicant , an employee, a City employee , or any other person, by Design Professional or Design Professional's employees or subconsultants on the basis of race, City of Cupertino Page 6 of 12 Toole Design Group For Bikeway Design and Planning Services religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation , or any other protected classification will not be tolerated . Any violation of this provision by Design Professional, its employees, subconsultants or agents constitutes a material breach of this Agreement, and grounds for termination for cause . 15. PROHIBITION AGAINST TRANSFERS: Design Professional will not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without City's consent will be null and void, and any assignee, sublessee, hypothecate or transferee will acquire no right or interest by reason of any attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Professional, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Design Professional is a partnership or joint venture or syndicate or cotenancy, which results in changing the control of Design Professional as a legal entity, will be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the business entity. 16. PERMITS AND LICENSES: Design Professional, at its sole expense, must obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to , a City Business License that may be required in connection with the performance of the Services. 17. WORK PRODUCT: A. Property Rights. Any interest (including copyright interests) of Design Professional or its subconsultant(s) in any work product, document, report, draft, memoranda , map, record, plan, drawing, specification and other deliverable, in any medium (collectively, "Work Product"), which has been prepared or created by Design Professional or its subconsultant(s) pursuant to or in connection with this Agreement, will be the exclusive property of City . No Work Product, information or other data given to or prepared, created, or assembled by Design Professional or its subconsultant(s) pursuant to this Agreement may be made available to any individual or organization by Design Professional or its subconsultant(s) without prior written approval by City. All provisions of this section survive expiration or termination of this Agreement. B. Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product prepared or created under this Agreement is deemed works for hire and all copyrights in such Work Product will be the property of City. In the event that it is ever determined that any Work Product prepared or created by Design Professional or any subconsultant under this Agreement are not works for hire under federal law, Design Professional hereby assigns to City all copyrights to such Work Product when and as created. Subject to City's prior written approval, Design Professional may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Design Professional's standard details, Design Professional may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Services. C. Patents and Licenses. Design Professional must pay any and all royalties or license fees required for authorized use of any third party intellectual property, including, but not City of Cupertino Page 7 of 12 Toole Design Group For Bikeway Design and Planning Services limited to, patented , trademarked, or copyrighted intellectual property that it selects for incorporation into the Services or Work Product provided under this Agreement. D. Re-Use of Work Product. Without limiting any other City right to any of the Work Product prepared or created by Design Professional or its subconsultants, and subject to the limitations of law, all Work Product prepared under this Agreement may be used or modified by the City or its authorized agents in execution or implementation of: 1. The original Services for which Design Professional was hired; 2. Completion of the original Services by others; 3 . Subsequent additions to the original Services; and/or 4. Other City projects . E. Deliverables and Format. Electronic and hard copies of Design Professional's Work Product will constitute the Project deliverables . Plans must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats . All written Work Product required to be provided by this Agreement (other than large-scale architectural plans and similar items) must be printed on recycled paper and copied on both sides of the paper except for one original, which must be single-sided. 18. RECORDS: Design Professional must maintain complete and accurate records with respect to sales, costs , expenses, receipts and other such information required by the City that relate to the performance of Services under this Agreement. Design Professional must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services . All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Design Professional must provide free access to such books and records to the City or its agents at all times during Design Professional 's normal business hours . Design Professional must give the City or its agents the right to examine and audit those items, and to make transcripts or copies as necessary, and to inspect all work , data , documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, must be kept separate from other documents and records which are unrelated to this Agreement and must be maintained for a period of three years after receipt of final payment from the City. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City 's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith , then Design Professional must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. 19. NOTICES: All notices, demands , requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally; or on the second business day after the deposit thereof in the United States Mail , postage prepaid, registered or certified; or upon confirmation of delivery by a reputable overnight delivery service . A. To City. All notices, demands , requests, or approvals from Design Professional City of Cupertino Toole Design Group For Bikeway Design and Planning Services Page 8of12 to City must be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention : David Stillman B. To Design Professional. All notices , demands , requests , or approvals from City to Design Professional must be addressed to Design Professional at: Toole Design Group 2120 University Avenue Berkeley, CA 94704 Attention: Brooke DuBose 20 . TERMINATION: A. Termination for Convenience. City may, at any time , acting in its sole discretion and without cause , terminate this Agreement for convenience by giving written notice to Design Professional at least seven days before the effective date of the termination . If the Agreement is terminated pursuant to this paragraph , the City will compensate Design Professional for all Services satisfactorily performed prior to the effective date and time of the termination, in accordance with this Agreement. B. Termination for Cause. If Design Professional fails or refuses to perform any of its duties under this Agreement at the time and in the manner required , Design Professional will be deemed in default of this Agreement. If the default is not cured or diligently attempted to be cured by Design Professional within the time specified in the City 's written notice of default, or if the Design Professional has otherwise materially breached the Agreement, the City may terminate the Agreement for cause by giving written notice to Design Professional at least seven days before the effective date of the termination , unless otherwise specified in the written notice of default. C. Duties upon Termination. If the Agreement is terminated , whether for convenience or cause, within seven days of the effective date of the termination , Design Professional must promptly deliver to City copies of all Work Product , deliverables, or documents prepared by Design Professional under this Agreement , including both print and electronic versions . Full compliance with this requirement is a condition precedent to final payment following termination. This paragraph survives termination of the Agreement. 21. LEGAL REQUIREMENTS: Design Professional must comply with all applicable local , state or federal laws, rules and regulations , and all ordinances, rules and regulations enacted or issued by City. In addition , if any of the Services provided under this Agreement are subject to prevailing wage requirements under Labor Code Section 1720 et seq., the following provisions apply to those Services: A. Prevailing Wages. To the extent applicable , Design Professional must comply with the City 's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq . City of Cupertino Toole Design Group For Bikeway De sign and Pl a nning Services Page 9of12 B. Working Day. To the extent applicable , Design Professional must comply with California Labor Code Section 1810, et seq . which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 Yi times the basic rate of pay. C. Payroll Records. To the extent applicable, Design Professional must comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification , straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice , worker, or other employee employed by him or her in connection with this Agreement. The payroll records must be made available for inspection as provided in California Labor Code Section 1776. D. Apprentices. To the extent applicable, Design Professional must comply with California Labor Code Section 1777.5 regarding apprentices. 22. DISPUTE RESOLUTION: This Agreement will be interpreted under and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction . The Agreement and obligations of the parties are subject to all valid laws, orders , rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California, and no other place . If the parties engage in arbitration to resolve a dispute relating to this Agreement, the arbitrator's award must be supported by law and substantial evidence, and must include detailed written findings of law and fact. This section survives expiration or termination of the Agreement. 23. ATTORNEY FEES: If the City initiates a legal action, including a complaint or cross-complaint, arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs, including the attorney fees and costs for any arbitration, appeal, or enforcement of judgment. This attorney fee provision does not apply to legal actions initiated by the Design Professional. This section survives expiration or termination of the Agreement. 24. ADVERTISEMENT: Design Professional may not post, exhibit , display or allow to be posted, exhibited, displayed any signs, advertising, posters or cards of any kind on City property performed under this Agreement without prior written approval from the City. 25. WAIVER: A waiver by City of any breach of any term, covenant , or condition contained herein will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein , whether of the same or a different character. 26. THIRD PARTY BENEFICIARIES: There are no intended third party beneficiaries of this Agreement. City of Cupertino Toole Design Group For Bikeway Design and Pl a nning Services Page 10 of 12 27. RECITALS: The parties agree that the above recitals, which are made part of this Agreement , are true and correct. 28. INTEGRATED AND AMENDMENT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto , and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein . No verbal agreement or implied covenant will be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written instrument signed by authorized representatives for both City and Design Professional. If any provision of this Agreement is determined to be illegal, invalid , or unenforceable by a court of competent jurisdiction, all remaining provisions will remain in full force and effect. 29. CONFLICT OF INTEREST: Design Professional warrants that it is not a conflict of interest for Design Professional to perform the Services required by this Agreement. Design Professional may be required to fill out a conflict of interest form if the Services provided under this Agreement require Design Professional to make certain governmental decisions or serve in a staff capacity as defined in Title 2 , Division 6 , Section 18700 of the California Code of Regulations . 30. GIFTS: Design Professional is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee , as set forth in City Administrative Procedures. Design Professional agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures . Offering or giving a prohibited gift constitutes a material breach of this Agreement by Design Professional. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for cause as provided in Section 20 of this Agreement. 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein , and the Agreement will be read and enforced as though each were included herein . If through mistake or otherwise , any such provision is not inserted or is not correctly inserted, the Agreement will be amended to make such insertion on application by either party. 32. EXECUTION: The person executing this Agreement on behalf of the Design Professional represents and warrants that the Design Professional has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement , which constitutes a legally binding obligation of Design Professional. This Agreement may be executed in counterparts , each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 33. HEADINGS: City of Cupertino Toole Design Group For Bikeway Design a nd Pl a nnin g Servi ces Pa ge 11 of 12 The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect , limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. DESIGN PROFESSIONAL CITY OF CUPERTINO Toole Design Group LLC A Municipal Corporation By Title Chief Operating Officer Date September 12, 2016 Tax l.D. No.: 05 -0545429 Address: 848 4 Georgia Ave, Ste . 800 Silver Spring, MD 20910 City of Cupertino Toole Design Group Fo r Bik ewa y Design and Planning Services Date 7 / ( s /r C I I APPROVED AS TO FORM: ~Randolph Stevenson Hom , City Attorney ATTEST: ~.~.~ '2 ·2/J.fh Grace Schmidt, City Cler Contract Amount: $170 ,000 .00 Account No . : Lf ;;p · q 1 · (} o'=-f tJlJ · ~S- ~ (~lb .O/.D/ Go N TIL..trc:T 1--o 11---1- ~ ~~ Page 12of12 Exhibit A Scope of Services Design Professional shall provide certain Transportation Planning and Engineering services as required and requested by City. Design Professional shall provide services under this Master Agreement on an "as needed " basis and only (1) upon written request from City's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. Section 1-General Provisions A. Design Professional shall perform all services to the satisfaction of City's Public Works Director or authorized Agent. B . Design Professional shall perform all services under this agreement to the currently prevailing professional standards and quality found among Transportation Design Professionals with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances . C . Design Professional shall perform services under this Master Agreement only by authorization of a fully executed Service Order which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. City shall incorporate each authorized and fully executed Service Order into the terms and conditions of this Master Agreement. D. Unauthorized services performed by Design Professional shall be at no cost to City. E . City shall designate a Project Manager for each fully executed Service Order under this Agreement. Design Professional shall coordinate the Service Order performance with City's designated Project Manager. Section 2. Basic Services As authorized by a fully executed Service Order, Design Professional shall provide Transportation Planning and Engineering services for various City Public Works Projects in accordance with the following: Toole Design Group , LLC Various Bikeway Pl ann ing and Engineering Services Mas ter Agreement PAGE 1 OF 6 A. General Performance Requirements For each assigned Project: 1. Design Professional shall designate a Project manager and provide to City the names of their team members for the Project. City retains the right to reject Project manager assigned by Design Professional or require replacement of team members 2. Design Professional shall effectively manage and administer the Project for the efficient, progressive, and proactive delivery of the Project. 3. Design Professional shall be responsible for managing and coordinating the work of all sub-Design Professionals and subcontractors if applicable . 4. Design Professional shall consult and coordinate with the City. 5. Design Professional shall schedule meetings and prepare meeting agendas and minutes for all Project meetings. All minutes of meetings are due to the City within ten (10) calendar days after the meeting in a digital format and shall also be provided to other appropriate agencies and entities, as directed by City. 6. Design Professional shall communicate weekly with City's assigned Project Manager to provide an update on the current status of the Project and provide a brief written summary report. B. Specific Performance Requirements For each assigned Project, Design Professional may provide any or all of the following tasks and subtasks, as is required for the specific Project: Task 1.0 Project Management Meeting 1.01 Lead Project Kick Off Meeting in person . Kick Off Meeting shall clarify project scope, background, objectives, schedule and responsibilities. Deliverable: Meeting Summary, Final Project Scope, and Schedule 1.02 Participation in person or by phone in team meetings to review project status and work products . Deliverable : Meeting Summary Task 2.0 Public Outreach 2.01 Lead and prepare presentation materials for public workshops . Toole Design Group, LLC Various Bikeway Pl anning and Engineering Services Master Agreement PAGE 2 OF 6 Deliverable: Public Notice Flyers, Presentation Materials (including Agenda), Photos and Meeting Notes 2.02 Assist City in advertising on Web and social media communications Deliverable: Web and Social Medial Postings 2.03. Lead and prepare presentation materials for Bicycle Pedestrian Commission project updates. Deliverable: Presentation Materials (including Agenda), Photos and Meeting Notes 2.04. Lead project presentation at Council Meeting(s) and prepare presentation materials. Deliverable: Presentation Materials Task 3.0 Predesign and Conceptual Design 3.01 Design Professional shall review Project data provided by the City and assemble a background data base . The Design Professional shall be entitled to reasonably rely upon the accuracy of any information provided to the Design Professional by the City. Deliverable : Source Document Listing 3.02 The Design Professional shall utilize existing data to the extent possible and inform the City immediately of problems associated with using existing data for Project base information The Design Professional shall identify discrepancies or shortcomings among the existing data, identify solutions for resolution, and propose generation of additional site information necessary to provide an accurate Project base map. Deliverable : Memorandum documenting discrepancies , shortcomings among and/or problems with the existing data. 3.04 The Design Professional shall compile survey and other data as made available into a base sheet. Project base information shall be provided in AutoCAD 2015 for use in subsequent Project design tasks and shall be submitted to the City for review and comment. Deliverable: Base Sheet in DWG and PDF Toole Design Group , LLC Various Bikeway Planning and Engineering Services Master Agreement PAGE 3 OF 6 3.05 Design Professional shall prepare conceptual alternatives and color rendering of conceptual alternatives, each which address the primary Project issues and budget, as required for the specific Project. Deliverable: Conceptual alternatives and color renderings Task 4.0 Design Development 4.01 The Design Professional shall prepare 35% Design Development Plans and submit them to the City for approval. The plans shall be prepared digitally (CAD files) and shall be a refinement of the schematic plan. 35% Design Development Plans shall should include all major elements of the projects. Deliverable: 35% Plans in DWG (including color table, pen settings , and plot settings) and PDF 4.02 The Design Professional shall prepare Design Development specifications outline for the design development drawings. The specifications shall indicate proposed organization and sections anticipated based on the Design Development drawings. Deliverable: 35% Specifications in word and PDF 4.03 Design Professional shall prepare a Design Development cost estimate for the submitted plans and specifications and a construction schedule . Deliverable: 35% Design Cost estimate in XLS and PDF, and Design and Construction Schedule Task 5.0 Construction Documents 5.01 The Design Professional shall prepare 60% Construction Documents (Plans, Specifications and Cost Estimate) and submit them to the City for approval. The 60% Toole Design Group, LLC Various Bikeway Planning and Engineering Services Master Agreement PAGE 4 OF 6 Construction Documents shall include greater detail for the major project elements, as well as most of the minor elements Deliverable: 60% Plans in DWG (including color table , pen settings, and plot settings) and PDF, 60% Specifications in word and PDF, 60% Design Cost estimate in XLS and PDF, and Design and Construction Schedule 5.02 Design Professional shall prepare 95% Construction Documents (Plans, Specifications and Cost Estimate), incorporating the CITY comments from the 60% Construction Document submission into the 95% Construction Document plans. All design elements shall be fully developed with the 95% Construction Document. Deliverable : 95% Plans in DWG (including color table, pen settings , and plot settings) and PDF , 95% Specifications in word and PDF, 95% Design Cost estimate in XLS and PDF , and Design and Construction Schedule 5.03 Design Professional shall prepare 100% Construction Documents (Plans, Specifications and Cost Estimate), incorporating the CITY comments from the 95% Construction Document submission into the 100% Construction Document plans. 100% Construction Documents will be complete for the bidding stage of the project. Deliverable: 100% Plans in DWG (including color table, pen settings , and plot settings) and PDF, 100% Specifications in word and PDF , 100% Design Cost estimate in XLS and PDF, and Design and Construction Schedule Task 6.0: Construction Administration 6.01 The Design Professional shall review and approve or reject the Contractor's submittals within five (5) working days of receipt. The Design Professional shall maintain a detailed record of all submittals and content supplied by the Contractor. Deliverable: Submittal package containing all original submittals, responses, and final approved submittals 6.02 The Design Professional shall review Contractor Requests for Information and provide a written response to the Contractor with a copy to the City, within five (5) working days of receipt. The Design Professional's response shall provide , with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. Toole Des ig n Group , LLC Various Bikeway Plannin g a nd Engineering Services Master Agreement PAGE 5 OF 6 Deliverable : Original RFI and Design Professional response 6.03 Change Orders: Design Professional shall review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The Design Professional -shall review City prepared Contract Change Orders and shall, where necessary, prepare Drawings and Specifications to describe Work to be added, deleted or modified . The Design Professional shall maintain all records relative to changes in the construction. Deliverable : Change order review, drawings, and specifications produced to accompany change order 6.06 Claims and Disputes: The Design Professional shall advise the City on claims, disputes or other matters in question between the City and Contractor. The City shall be the final arbiter in all such matters . Deliverable: Claim/Dispute Report Task 7.0: Additional Services Design Professional services not specifically identified in the Scope of Services shall be considered Additional Services. At the City's request, the Design Professional shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit B. Toole Design Group, LLC Various Bikeway Planning and Engineering Services Master Agreement PAGE 6 OF 6 Exhibit B Service Order Form Each Service Order for work under this Master Agreement shall be initiated and executed as provided for in the Master Agreement, Section 2.A, Service Order Development. An exemplar of the Service Order form follows. Design Professional Name Project Specific Master Agre ement EXAMPLE PAGE 1OF1 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT PO#: Service Order No.: __ _ Maximum Compensation:~------ Term: NTP: Approval by: City Manager D City Council D Consultant: (name) (street address) (city, state, zip) Contact Name: PROJECT DESCRIPTION Project Name: End Date: Director D Item Numbe r: Phone: 0Descri ption: (simple project description if appropriate) Date : Date: 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing D e partment: Public Works City of Cupertino Mas ter Ag reement ----------~ Project Manager: ------------~ Page 1of2 Service Order No. 1 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O . # -(charge acct no.) -(project name) S.O. # -(charge acct no.) -(project name) Total Previously Encumbered to Date: Current Unencumbered amount in MA: Encumbrance: S.O. # -(charge acct no.) -(project name) Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Date: APPROVALS Consultant: Date: Director of Public Works: Date: Appropriation Certification: I h ereb y certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signahue . City Finance: Date: Management Analyst Amount $0 $0 $0 $0 $0 $0 $0 $0 C ity of Cupertino Master Agreement Page 2 of 2 Service Order No. 1 EXHIBITC COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. The City will compensate the Design Professional for satisfactory performance of duly authorized Services, based on the hourly rate(s) set forth below. The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit, overhead, vehicle, equipment and supply costs and the like. The hourly rates do not include reimbursable expenses, which are addressed below. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Total compensation for Services provided pursuant to a Service Order, including reimbursable expenses, may not exceed the maximum compensation authorized under the Service Order. Design Professional Hourly Rates: _ Title Hourly Rate Principal in Charge 221.00 Project Manager 206.00 Lead Engineer 195.00 Director of Engineering-QA/QC 225.00 Principal Engineer 211.00 Senior Engineer 185.00 Senior Engineer 185.00 Project Engineer 140.00 Project Engineer 140.00 Engineer 110.00 Senior Planner 187.00 Planner II 96.00 Planner 78.00 Planner 78.00 Urban Designer 127.00 Urban Designer 127.00 Reimbursable Expenses: Reimbursable expenses include the cost of items, other than direct labor, specifically required to perform the Services, excluding normal business operating expenses and overhead, which are included in the direct hourly rates set forth above. City will compensate Design Professional for such reimbursable expenses only with prior written authorization by the individual designated as the City Representative in Section 8, Project Coordination, of the Agreement. The City will reimburse the Design Professional for allowable reimbursable expenses for the documented Toole Design Group For Bikeway Design and Planning Services Exhibit C PAGE 1OF2 actual cost only , with no surcharge or markup for Design Professional administration. Reimbursable expenses must be separately identified on the Design Professional invoice and documentation of each reimbursable expense must be submitted to the City upon request and maintained as required under Section 18 , Records, of the Agreement. Allowed reimbursable expenses in c lude , but are no t limited to: • Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions ; • Special software required by City specifically for a project , excluding standard software programs such as Microsoft Office suite applications (i.e . Word , Excel , PowerPoint, Project , etc .); Adobe Acrobat; or standard photo editing programs . • Travel expenses to the extent allowed by City policy, and subject to any limitation on allowable travel expenses under a Service Order, with mileage reimbursed per the current IRS standard mileage rate at the time of travel; • Subconsultants required by project scope of services ; • Safety equipment required by City policy or the project scope of services ; • Mass mailing notifications ; • Special expenses for public meetings , such as refreshments, interpreters, security, valet parking , facility rental, tents or booths, easels, markers, paper, presentation equipment. Too le Des ig n Gro up For Bik ewa y Desig n a nd Pl annin g Serv ices END OF EXHIBIT Exhi bit C PAGE 2 OF 2