The URL can be used to link to this page

Home My WebLink AboutItem 4.03 CCS Plng I-580 Tassaj C I'-T Y' C EERK- File #J JJ(oJJ~J"~--J',,.~_J-~ AGEN DA STATEMENT CITY COUNCIL MEETINGDATE:'' 3uly 6~, 1.999 SUBJECT: ........ "Ag~'ee~ent with CCS Planning and Engineering~ In~.';To~ COnsul~g Services: 1-580/Tassajara Road Interchange Project Report Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) Agreement RECOMMENDATION: ~ Adopt Resolution FINANCIAL STATEMENT: The 6oS~ Ofthe~e'serviees Wiil'b~d"b~;d'db~eibpers;-theie ~ii'be no cost to the City's General Fund. The cost of the work is proposed not to exceed $300,000 for the Tas~jara Interchange Project Report. DESCRIPTION: Du~'t6-~isisr69al§'6f'd~v~i0pifi~iif~ ~ih~iii~-S~ Rial ~d DUblin Ranch Properties, freeWay ramp modifie~iti6ns on'the Tassajhra ~6ad/i:580"iht~'r~l/~-ar~ war, anted. In February 1999, the City contracted with CCS Planning and Efiginee~gs~i'~es;lnc. (ccs) to process the State-required Project Study Report. The next process needed to continue processing the improvements through Caltrans is to prepare a Project Report. CCS has submitted a proposal for the preparation of this report with a not-to-exceed fee of $300,000. The cost of this report will be paid by developer contribution. Approval of agreements with Jennifer Lin, the Alameda County Surplus Property Authority and other developers in the area appears as a separate agenda item. Tasks included in this report are: data collection, performance of control surveys, refinement of traffic analysis/traffic operational analysis, development of geometric base maps, preparation of conceptual staged construction plans, development of highway planting design concept, value analysis, constructability review, preparation of reports and cost estimate, attendance at all required meetings, and interfacing with Caltrans. CCS will also prepare the necessary environmental document for the project. In this case, they believe that a Categorical Exclusion/EXemPtion will be acceptable. Tom Wintch, who was the project manager for the concept study at the 1-580 Fallon Road interchange and for the Project Study Report for this project, is proposed again to be the projec~ manager for this work. Mr. Wintch was the project engineer with URS Greiner for the Hacienda/I-580 Interchange and the COPIES TO: Tom Wintch, CCS ITEM NO. __~ g:\engr\¢csXagendast_lass PR Tassaj ~mprovcmcnts tis alSo,the project Staff the agreement with CCSi - Page 2 RESOLUTION NO. - 99 RESOLUTIONOF'TitE CITY couNCIL OF TItE'CITY OF DUBLIN ~ ' ~ APpR0~GAGREEMENT WITH CCS'pL~NGAND ENGINEERING, INC. SERVICES 2:'I,580~XSSxJ~R(SXDPROjECT REPORT WHEREAS, future freeway and inter-agency infrastructure is planned to be'constructed as part of the development process in Eastern Dublin; and WHEREAS, improvements are required at the 1-580 Interchange at Tassajara Road; and : ': WHEREAS, the City desires to utilize the services of CCS Planning and Engineering, Inc., to prepare a ProjeCt RePort regarding said improvements} and WHEREAS, the cost of the study will be paid through developer deposits; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with CCS Planrdn_' g and Engineering, Inc., for consUlting services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 6th day of July, 1999. NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk CONSULTIN~ E ~NGINEERING SERVICES AGREEMENT ~ ..... THIS AGREEMENT is made at Dublin, California, as of July 6,1999, by and between the ...... . ..... ) and CCS ENGINEERING, INC. ("Consultant"), who. agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to'City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time. and in_ the manner set forth in Exhibit B. The payme, nts specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in E 'xhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. Ali exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Constiltant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to tlfi. s Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be'no change in the Project Manager or members of the project Agreement -Page 1 of 2 06/2~99 ~ .... ~ f"'" team without prior written approval by the City. The Project Manager for Consultant shall be THOMAS ;~ M. WINTCH. '-. ~ ~.~. ~ ,/ ~ ~ , ', ~_: :' 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. '--'~ THOMPSON ("Administrator")..All coi'reSpondence'shall be directed to Or through the Administrator or his or designee. _ I 0. NOTICES. Any written notice to Consultant shall be sent to: Tom Wintch, Project Manager CCS Planning and Engineering, Inc. ' 6 Crow Canyon Court San Ramon CA 94583-1621 Any written nOtice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: [ CITY OF DUBLIN, ~ a municipal corporation By "City" Attest: "Consultant" Approved as to form: City Attorney Agreement Page 2 of 2 06/22/99 SCOPE OF ~ERVICES AND SCFIEDULE PER PROPOS~ DAED ~ 17, I999, FROM CCS PLUG ~ ENG~E~G, Exhibit A - ........ 6 Crow Canyon Court · San Ramon, CA 94583-I621 " (925) 314-1220 · Fax (925} 314-1229 ~ . :.: ....... .. : .. ..... : .... E-mail: sror~c~officacom .~ . .... . TRANSMITTAL .... TO: Kevin Van Katv, Tk DATE: June 17, 1999 Ferdinand Del Rosario City of Dublin 100 Civic Center COPY TO: Erie Cordoba Dublin, CA 94568 Jane Alden ........ PROJECT: : 1-580/Tassajara Road PR/ED JOB. NO.: CC$ 98105 FROM: Tom Wintch ff'~? VIA: Hand delivered THE FOLLOWING IS TRANSMITTED: One copy eack of the Scope of Work and Budget for the 1-580/Tassajara Road PR/ED for processing. REMARKS: We have revised the Scope of Work and Budget according to your comments. Please do not hesitate to contact us if you require any additional materials in this regards. - Tom Wintch P,~g 105/.Adminislration/Correspon den ced'l'ransmittalrdTR26Cit~,061699.doc ~-~ PROJECT DESCRIPTION ~ .. The existing 1-580Frassajara Road Interchange is presently a Caltrans Type L-9, Partial Cloverleaf A, Interchange. There are two lanes in the northbound direction that traverse the existing 8-lane 1-580 freeway on the original interchange bridge constructed in i969~70 'and thi:~e lanes in the southbound direction on a newer bridge that was constructed with the existing interchange configuration in the early 1990's. The directional off-ramPs ha~,e three lan6~ ai the ramp termini There are signalized intersections at the 1-580 exit termini with the eastbound off-rarfip havinga fre~' ri~ht'ti/rii. 'The intersect/on of the eastbound off-ramp also includes, as its fourth leg, Pimlieo Road. Existing Santa Rita Ro~ad on the southern approach of the interchange has three lanes in both the' n°rthbdund and southbound directions. Existing Tassajara Road on the northern approach to the interehang~ has two lanes in the northbound direction and thre~ lanes in the'Sohthb0und direction. "" The proposed interchange modification remains a Caltrans Type L-9, Partial Cloverleaf A, interchange with eXpanded lane. arrangements. The existing northbound structure will be replaced with a new three- lane structure that will traverse a 10-lane 1-580 with a 20m wide median that will accommodate BART in the future. The northbound bridge replacement will be two span. The westbound off-ramp will be widened to two lanes with a 400m auxiliary lane in advance of the two-lane exit. The westbound off- ramp will be widened to four lanes at the sianalized ramp terminus.~ The eastbound off-ramp will be widened to three lanes at the signalized ramp terminus and will provide a'sePiirate lane (foUrth ramp lane) for a free right turn southbound. The existing northbound to westbound loop will be reconstructed to conform to the new northbound structure. The westbound directional on-ramp will be widened to two lanes..The eastbound directional on-ramp will be modified Slightly to tie to an eastbound auxiliary lane to be provided by this project between the Santa Rita Road and El Charro Road Interchanges. The remainder of the westbound auxiliary between the Tassajara Road and Fallon Road interchanges (exclusive of the auxiliary lane in advance of the westbound Tassajara Road off-ramp) is part of the I- 580/Fallon Road -. El Charro Road Interchange Modification Project. The lane configuration of the proposed approaches are three lanes in each direction t6'and from the north and'at the south approach there are four lanes in the 'northbound direction and three lanes in the southbound direction (the westernmost lane is utilized exclusively by the off-ramp free Hght turn). The project conforms to the north at the Tassajara Road widening project presently under construction and to the south of the Pimlico Road intersection. The CCS team has been charged with the development and processing of a Project Report and Environmental Document for this project PROJECT TEA1VI The project team is the same that is developing the Project Study Report (PSR) for this project and is comprised of the following Eh-ms: · CC$ ~lanning and Engineering, Ina - Prime Consultant, civil engineering, utilities, conceptual staged construction development, prepare Project Report · /-/_CE2 Civil engineering cost estimating, assist in preparation of Project Report · Dtr~id J. Powers & Associates- Environmental technical studies, prepare Environmental Document · ' TJKM- Traffic engineering, prepare traffic technical studies · Parikh Consultants, Ina - Geotechnical studies for Project Report and Environmental Document, h~rdous material investigations · Sverdrup Civil, Ina - Modify Bridge Advanced Planning Study · WRECO- Hydrolog3,/hydraulic studies. · Mac_Kay & Scraps- Topographic mapping, surveying, rigyit-of-way engineering 1-580/Tassajara Road A-1 CCS Planning & Engineering Project ReoorI and Environmental ]~Dcyarn~,.! TASK DESCRIPTIONS . . ....... ~ ~..... ~.~ ~ ,...,., .~'.?.,, ,.-..: ,,,. :. '., : ' ::':..? :i :,~ ~'": L :: The detailed sc6Pe of work below provideia C~eS~riptiOn ~fthe Vari°us ta~ks of wOrk to be performed by both the City of Dublin (CITY) and the eCS project team (CCS), Vqth the individual responsibilities noted:: As mentioned above, this same CCS team is preparing the PSR roi' this project and will utilize the materiilS;? inf~;~iiii~n '-~iiid :~dies: diVel0ped: for the' PSI~~ i~8'"'thei~:' fullest. ext~nt possible in the development of the Project Report and Environmental Document · ~.! -~ " :' 4::., ~:~,.5:~::~ ': ,., :' ~:: 7 " ,. '~. ',. TASK I - PROJECT MANAGEMENT COS shall perform the £ollowing administrative and management functions necessary to complete the Project Report (PR) and Environmental Dbeument (ED): ..... A. Project Arlrn~n~xation Project administration activities will include: , * Supervise and coordinate the Project work · Maintain monthly project schedules and budgets .... : : ..: Prepare'monthly pr6gress rePoi:ts · Supervise, coordinate and monitor project development activities for conformance wkh Caltrans' standards and policies ~ · - Set-up and maintain project files B. Meeting Attendance and RePOrting Meeting and riport activities will include: Attend meetings as scheduled and required. CCS will prepare and distribute copies of agendas in advance of the meetings and prepare minutes as appropriate. The following types and numbers of meetings are included in this scope: · Pro/ect DeVelopment Team Meetings Attend project Development Team (PDT) meetings. It is assumed that there will be a monthly PDT meetings. The project duration is anticipated to be twelve ' months (with a four month overlap with the ?SR project); Consequently, it is anticipated that there MI1 be 8 PDT meetings. Progress Report Meeting Conduct Progress Report Meetings With CITY's staff. It is assumed that there'MI1 be monthly meetings CITY Progress Report Meetings. The project duration is anticipated to be twelve months (with a four month o),erlap with the PSR project); consequently, it is anticipated that there will be 8 Progress Report meetings. Obtain Local Agencv Input CCS Will identify local entities that may be interested in the project and provide their and input feedback to the PDT. Two meeting with local entities will be held to discuss scoping, issues, and project features. CCS will summarize the results of these two .meeting in a memo provided to the PDT. 1-580/Te.,~ajara Road A-2 CC$ Planning & Engineering 0 Project Report and Environmental Document Jun ~_1.7.....I..P, ? ~d/acent ~roper~ ~ers Meetings . . . ~e intent of~e Adjacent Prope~ Ome~ Meeting Will be to review known project consmin~ ..... in .~e..i~k[aJ?ages 0f ~e projec~ elicii additional cons~in~nput ~om communi~ membe~ ~ . and prope~ °Wn~rs, discuss and elicit input on the prefe~ed alternatives and alternatives that ~;~h~ve bee~ developed i0 dat,~'discuss additional alternatives or modifications ~at the meeting '~ ~' m~Yge~'e~ie-hha reVi~ ~e project sch,du~,. One meeting is assumed in ~is Sc°pe of Work. It is estimat,d that CCS's involvement at th~ ~dja,ent ?rope~ Owners meetings will b, to prep~e prescription e~ibits and present the project. Utili~ Company Meetb~gs Conduct and a~end meetings wi~ utili~ omers to detemine existing utili~ locations, potential confliC~ ~d'p0~slbie relocations. If utili~ relocation is necess~, ~en h~er discussions will also include 'who will pegom the engineering, compensation if appropriate for the utiliw engineering ~d funding ~gemen~ for ~e cons~ction of~e utili~ relocation Meetings with the Dublin Ci~ Co~cil : .~ ..~ ~ · ~e team will ~sist CI~ st~ in presentihg ~is prQect to the Dublin Ci~ Council including the preparation of meeting e~ibiB. For budget p~oses, ~'o Ci~ Council meetings are ~ticipated. Comment Resolution Meeting on the Dra~ Project Report and Dra~ Em,ironme~Ttal Documez~t with the CI~ and Cal~s A meeting will be held to resolve commenB received from the Ci~ of Dublin, Calwans and other reviewing agencies.on ~e Dr~ Project Repo~ ~d Dra~ Environmental Document. T~R I Deliverabl~: Mon~ly pro~ess repo~ ~d project schedules M~ting agend~ ~d minutes Co~espondence Prelimin En*ineerine activities will include: Additional :daG': ili -b Coif?tea eyona mat akeady a~complished in ~e' PSR effort) and reviewed including ~e following: ~t-of-way record &fiwings Utili~ record drawings GeotechnicaI Repom Development plus of adjacent prope~ies in process wi~ ~e CI~ All dam requested will be logged wi~ ~e date requested, who ~e dam was requested from, ~e date ~tieipated to be received ~d when ~e dam w~ acm~ly received. ~e dam log will be di~ibuted at each PDT m~ting. 1-580/Taxsajara Road A-3 CCS Planning & Engineering Project Report and Environmental Document June 17. 1999 Con'roi surveys (both horizontal'and vertical) wili"alSo be performed for the following facilities in anticipation of preparing Geometric Basemaps: ' "1-580 · Interchange ramps · Tassajara Road Pimlico Road North frontage road Note: Additional mapping effort was required for the PSR for this interchange and is included in this budget as extra work. C. Refine Traffic Analysis/Traffic Operational Analysis/HOV Report (if necessary) The traffic forecasts, traffic analysis and traffic operational analysis that was preformed as part of the PSR will be reviewed, adjusted if necessary to reflect any recent revisions to the project and summarized in a technical report. This traffic date will also be used as input into the noise and air quality technical studies. D. Prepare Geometric Basemaps for the Preferred Alternative ~ ~----~ The Geometric Basem. aps for the preferred alternative (as determined in the PSR) will be ' developed at I:1000 scale topographic basemapping. The control lines for 1-580, the ramps, Tassajara Road and all other impacted roads will be calculated by geometrically tying to the existing surveyed roadway control lines. All potential retaining and sound walls (as noted in the Environmental Document) will be shown on the Geometric Basemaps. The vertical aligument of all these roadway facilities will also be calculated, tying to the surveyed roadway profiles.. Representative Typical Sections Will be developed for 1-580, the ramps and Tassajara Road. These Geometric Basemaps will also provide the base for any public information meeting exhibits. NOTE: Additional alternatives were prepared for discussions with the City of Pleasanton as part of the Project Study Report and are included in this budget as Extra Work. NOTE: An 1-580 Corridor Map showing the 1-580 and the proposed 'ultimate interchange improvements from west of the 1-580/San Ramon Road - Foothill Road Interchange to east of the I:580/Vasco Road Interchange will be prepared on a coordinately Unregistered, 1:2000 scale, black and white aerial photo. The format of how the 1-580 and proposed imerchange improvements will be'shown is presently. 'undetermined. An allowance of $10,000 is being a/located for this effort. E. Prepare a Conceptual Staged Construction Plans A conceptual staged construction plan will be developed at 1:2000 scale to ensure that the project is constmctable and to determine any additional riglat-of-way needs that will be required as a result of detours, etc. ~These conceptual plans will not be a part of the formal Project Report submittal. 1-580/Taxsajara Road A-4 CCS Planning & Engineering Project Reoort and Environmental Document ~._[9_9_9 F. Develop Highway Planting Design Concept ~. · A Highway Planting Des'ign Concept will be developed for those areas that will be disturbed by eonstmcfi0r~'~f the proposed project, i~.i The Pl'~ntin~ Design~ con~:ept- will be developed in accordance with Caltrans guidelines for plant selection, safety and maintenance criteria and density based upon cost consideration. G. Reassess Utility Conflicts Based upon the review of the utility record drawings and meeting with the utility companies, potential utility conflicts will be identified and conceptual' relocations for conflicts will be developed. This will be developed in order to refine the construction cost estimate and right-of- way requirements for the project. ti. Update Material ~Inf0rmation (if necessary) The Material Information will be modified as necessary to reflect changes in the project. I. Update Geotechnieal Information (if necessary) The Geotechnieal Information will be modified as necessary to reflect changes in the project. Field investigations, laboratory testing and engineering analysis will not be included as a part of this worlc J. Modify AdVanced Planning Study (if necessary) The Bridge Advanced Planning Study will be modified as necessary to reflect changes in the project. The bridge conStrUction cOSt will be adjusted as appropriate. IC. Perform Value Analysis A Value Analysis will be performed on the project in conjunction with City and Caltrans staffs to determine if there are more cost effective ways to design this project. The results of the Value Analysis will be summarized in a letter report and presented firSt to the CITY and upon ~ incorporation of any CITY revisions to the letter report, will then be transmitted to Caltrans for ~' - · ' ~ their review and aee6ptariee. L. Perform ConstructabiIity Review A Constmctability Review wiI1 be performed to ensure that the project as envisioned can be conslructed in a cost effective manner. The results of the Constructability Review will be summarized in a letter report and presented first to the CITY and upon incorporation of any CITY revisions to the letter report, will then be transmitted to Caltrans for their review and acceptance. IVL Review and Update the Right-of-Way Data Sheet The riglat-of-way requirements for the project will reviewed in light of more detailed information on the project including the conceptual staged construction plans,' utility relocations and any environmental mitigations such as sound walls. The Right-of-way Data Sheet will be updated as appropriate. 1-580/Taxsajara Road .4-5 CCS Planning.& Engineering Proiect Re~rt and Environmental Document June 17_ 1999 Th'e COSt estimate from the PSR will be updated t~0 reflect changes in the Project and the more detailed information provided in the Project Report and the Environmental Document. It is i::..- :~.~::assumed'that Caltrans estimatifig procedures Will"apply. Right-of-way Cost'~stimates will be O, ~ep~e Faa Sh~t for EXcePfio~ to D~i~ S~d~ ' ' '- ~ Fact She~ts for non-s~dard m~dato~ and adviso~ d~si~n f~amres from the Highway Desi~ M~ual will bo will b~ prepped to ob~in approval .of~ese non-stand~d features by Cakrans. It is ~sumed all ~ised Fact Shee~ will be p~p~ed. Ob~ Approv~ of Excepfiom to En~oa~ment Pe~t It is not ~ticipated ~a ~ere will be ~y ~xceptions to th~ ~ncroachm~nt policy, Ion~kudinal or o~ise, for ~is projecL T~k H De/iverabl~: Data Logs SupplemenmI mapping Su~ey dam' _Updated t~e report including ~e ~a~c operational anab'sis (if necess~,) Geome~ie B~emaps including ~ieal sections and profiles ;Ahema~i~s fo~ ~'~'n6~b~nd S~ Rim Road approach wi~ cost estimates An 1-580 or Concepm~ staged cons~cfion pl~ ~ . ~. Hi.way Pl~tipg Desi~ ConCept E~ging utili~ ~d prop~sed, gtiIiW relocation pl~s Updated Material Info~ation (ifnecess~) ' Updated Geotechnical Info~ation (ifnecess~) Modified Advanced Pinning Study (ifnecess~) Le~er repo~ on Value ~aIysis Le~er repo~ on Con~ctabili~ Review Updated Right-of-Way DamSheet Updated Cost Est~ate Desi~ Exception Fact Shee~ 1-580/Taxsajara Road A-6 CCS Planning & Engineering Project Report and Environmental Document June 17, 1999 TASK III -PREPARE DRAFT AND FINAL PRO~-ECT REPORT. ::,::::.~<~.; Draft Project R i) " ~'. ~.~:,.!f, .~-~'~ .!~:-~F,,,.?:~,~..~ ' --', -%- .... G :-,: ~,f" ,--- '--~':-':-~'~-~ :" .... z~""~'~ , :,:~:.::m~5., ~e t° d6cument ~e need for a ~nspo~tiOn projec~ to summ~ize the key :?~;~ '~ P0in~ ....... ~fi~r°n~en~! Documen~' t~ s~mm~ize ~e 'Seo~e,'e6S~ ~d 6verall impac~ of th e alternatives, to recommend a prefe~ed alternative and ~e b~is of that recommendation and to document Caltr~s approval of~e recommendation: ~e Project Repo~ will be prepared in accordance with Cal~s guidelines and will address the folloWing: ": .': :T'~:~ .~ ~¥: ~ 7.~ - ~,~,,,'~.2 E.~':~ - c. ......... 4'.%,~. ~.~ * Background : ::- ::,~ :~;-., t',:- '.,~:,~:,, ~"- .... : *' Need ~d Pu~ose Considerations Requiring Discussion - ::-::: "~'-:-"~' '"- "~ ' i~'q O~? Co : r,'~ .5 :,~ .................... * Pro--ming :' .... : * Reviews * Project Personnel * List of A~chmen~ including Cos~ B. Sub~t Dr~t PR for ReHew It is expected that CCS will'prep~e 6ne pre-DPR to be submiued' t° ~e ci~ and Cal=ans for ,. prelimin~ review ~d commen~:- After revision,. ~e DPR will be circulated to the CI~, Cal~s, FHWA, =d o~er appropriate entities for review =d comment ~e following is a list of ~e reviewing agencies =d ~e number of copies ~at Will b~'provided: ''~ :. AG~CY ._. No. of Copies :', · -~; CI~ (Ci~ of Dublin) 3 t Cal~s ...... . . 5 ........... . .{' F~A 3 }. Zone7 ... ...1..~ : .::: .-: ~5 Developer 3 .... ,, ...:~ . .- Total = 19 copies >- C. C~tr~ D~ Renew ~e DPR ~d Fact Sheem will be submi~ed to Cal~s for focal review. D. R~olve Renew Commen~ / F~e PR Upon review of ~e commen~ received ~d a~er discussions wi~ ~e CI~, CCS wiI] set up a meeting wi~ ~e CI~, Cal~s, F~A, ~d o~er pmies m~ing signific~t commenm, to discuss ~e eommen~ ~d reach resolution of~e concerns. Minutes of~e mee~ng, documenting ~e resolutions reache~ will be prepped ~d dis~ibmed by CCS. B~ed upon review commen~ received ~dresolutions reached, CCS~will prep~e ~e Final P~ 1-580/Tassajara Road. ' - A-7 CCS Planning & Engineering Project Report and Environmental Document June I7, 1999 E. Obtain Caltrans District Approval of PR : . . The Final PR will be submitted to. the CITY and Caltrans for approval and the following agencies for informationi. . ~ .. :,. . ~,~ - · AGENCY No. of Copies CIT:i" (City of Dublin) 3 ' City of Pleasanton 3 Caltrans 25 FHWA 1 Zone 7 1 BART 1 -~- Developer 3 -. -. Total = 37 copies It is expected that one submittal of the Final PR will be made. Upon approval of the Final PR from Caltrans, each of the affected Cities will approve the PR by action of their respective City Councils. Approval of the PR authorizes the CiTY to proceed, if they so desire, with preparation of the Plans, Specifications and Estimates (PS&E). TasIr IH Deliverables: · Draft Project R.eport · Comment resolution memo on Draft Project Report review · Final Project Report TASK IV- PREPARE ENVIRO~~ DOCUMENT It is present envisioned (based upon the PSR effort) that a Categorical Exclusion/Exemption will suffice as the environmental document for this project. A Categorical Exclusion/Exemption is the appropriate environmental document for when the project has no significant environmental impacts. Since this project is generally contained within the' State right-of-way, is in a commercial/retail area, there are existing soundwalls where the project is adjacent to residential neighborhoods, there appears to no presence of biological or wetland habitat and the project is perceived to be non-controversial, a Categorical Exelusion/Exemption will be pursued., Activities for environmental studies will include: A. Scoping Meeting The CCS team will attend a scoping meeting with the CITY to confirm the scope of the project and the associated environmental document. B. Field'Review A field review of the project, site will be held with the CITY, Caltrans and the CCS team to discuss any potential environmental impact of the project. -- ' 1-580,q'assajara' Road A-8 CCS Planning & Engineering Froject Report and Environmental Document June 17, 1999 C. Prepare Preliminary Environmental Study (PES) :::.~.~,~: The team will complete the Preliminary Environzhental Study (PES) form and submit the form first to the CITY, then upon incorporation of the CITY's comments to the PES form, submit the PES to Caltrans and FHWA for approval and authorization.. D. Perform TechniCal Xnhlyses The following technical analyses will be performed: Biological Resources - A biological assessment will be required to identify the biological resource impacts of the project. A Natural Environment Study (NES). assessment will be prepared to disclose impacts (if any) upon any endangered species or jurisdictional habitat. This Scope of Work assumes that the project will not impact adjacent wetlands located in the northeast quadrant of the interchange, and that this assessment will not identify any other significant impacts on biological resources resulting from the project . cultural Resources - A cultural resources assessment will be performed to confirm that the project w. ill not impact any cultural resources. Assuming federal funding, the assessment will be required to comply with Section 106 of the National Historic Preservation Act. The assessment will determine the following: 1. The potential of impacting buried archaeological resources during construction 2. The historic value of properties located adjacent to the interchange alignment and the potential for the project to impact them (assuming any are present). This Scope of Work assumes that this assessment will not identify any significant impacts on cultural resources resulting from the project. Hazardous Materials - An Initial Site Assessment will be conducted for the project site to evaluate the potential environmental impacts associated with contamination from hazardous materials on property which may be acquired as right-of-way and/or disturbed during project construction. This Scope of Work assumes that this assessment will not identify any significant hazardous materials impacts from the project. Ei Public Meeting' A public open house presenting the project to the community, may be held at the discretion of the CITY. The CCS Team would prepare the appropriate exhibits and attend the meeting. F. Preparation of the Categor!cal Exclusion/Exemption UPon completion of the PES form and ail the technical analyses, the team will prepare and submit a Categorical Exclusion/Exemption determination to the CITY, and upon their review and approval transmit the Categorical Exclusion/Exemption to Calms for approval and processing. Task IV Deliverables: · Seeping meeting and field visit minutes · PES form · Environmental technical studies · Categoi-ical Exclusion/Exemption '- 1-580/Taxsajara Road A-9 CCS Planning.& Engineering Project Report and Errvironrnental Document June 17, t 999 _~_~',~&-,~E~- .~3~4,;' ~.~ ~'~_-~. ~,*'."~i;,r ~.~',,,. ..... ~.~ --'.E ~ ~ ' - - .......... ~ -. $CHEDULE: - · Anticipated Notlce-t°'Proceed- Juhe;. 1999 · Draft Project Report and Draft Environmental Document for City and Caltrans Review - January, ...... 2000 ' ~ ............... ~ .... · Final project RepOrt rind En~,ironm~ntal Document Clearance- June, 2000 ADDITIONAL SER VICES: 1. All services not expressly identified above as being the responsibility of the CCS Team, and/or in excess of those identified above Mil be considered as additional services subject to further negotiation between the CITY and CCS.. 2. No additional mapping is anticipated. If additional mapping (and associated control survey) is ......... required; this will be considered as-~5~tra'%ork~ 3. Additional land surveying beyond that noted in this Scope of Work will be considered as extra work. It is anticipated that surveying such as potholing and the associated surveying, cross sections, topographic surveys, etc. will be performed in conjunction with the preparation of the Plans, Specifications and Estimate. -- 4. The Adjacent Property Ch~'ners Meeting shall be publicized by issuing regular news releases and/or paid advertisements by the CITY. 5. Ifa Publie Meeting is necessary, CCS will prepare handouts, exhibits, attend the meeting, and present the technical aspects of the project. The CITY will be responsible for mailing meeting notices, ' arrangement of facilities, overseeing the meeting, etc. This Scope of Work includes one public meeting. 6. This Scope of Work is based upon the' preparation and processing of a Categorical .... Exclusion/Exemption as the Environmental Document. If it is determined that a higher level of environmental document is required to clear the project, this additional effort will be considered as additional services. ' L ~'' ...... - ': BUDGET: :. ..... : .......................... .~ .... X detailed breakdown of the hours and budget by task is attached. The total budget is approximately is $300,000. 1-580/Tassajara Road A-10 CCS Planning.& Engineering Project Report and Em'ironmental Document June 17, 1999 I-$801TASSAJARA ROAD INTERCHANGE PROJECT REPORT AND cos 9810,5 · . ENVIRONMENTAL WORK PLAN & FEE PROPOSAL CCS PLANNING AND ENGINEERINGHQE Ra~e (S/hi' ENGINEERING SERVICES I. Project Management A. Project Admlnlstta~lot~ CotWact Admb~lstla~ion Pt~pal~ Plogt~ss RepoltS, Schedule ~' 9,090 __ Pl~pnl~ Mollffffy Accounting Reports - -- File Management ~,G~' --PloJect Managemen~ B. Meellllgs / Repolfs ~'T Meetings - Assumes 8 13,960 Plogless Repolt Meeting. Assumes 8 OMafl~ Local Agency fl~put . __A(~acen~ P~ot)e~fy OwIlel8 Meellngs . Assume 1 Inee~in~ 3,680 U~llity Company Meetings -- 3,820 Meetings with Dublin City Council Comnlen~ Resolution Meellngs Subtotal 2,300 A. DMa Collecllon B. Petfotlll SIIlveys To he petfottlled Ho~e: Addl~ional Mapping for PSR - Extra Work Performed by MacKay C. ReG~e Tla~c Analysl~Opera~lonel Analysis be pe~follned hy TJ~M-- Note: Allemallves for Pleesantoll . Extlo Wolk Note: 1-580 Confdor Map- Exlta Work ~ ~ 40,440 E. Prepare Conceptual Staged Collsttucflon Plans F. DevelopHIghwayPlanling Deslgtl Concept 5,080 G. Reassess U~lflty Conflicts 4,800 H. Update Matellal lllfotmafion To he petfonned by Paflkh Consultants ~6,660 L Updale Geo~echlllcallnfollllallon ' ~epelfolllledhyPalikh Cunsullatlts J. Modify AdveucedPlallning SWdy Sveld¢up Civil I(, Pelfotlll Value Allalysls .L. Pelfollll Colls(tuc~ahlli(y Review _ ~,._.~l~?a~ e F nc~ Sheers rot Oeslg~ Exceptions 3 ~ ] ~- p. Ob~nill Ai)l)loval of Excepllolls to Eiic~oachl~lel~t pe/nllt 1-5001TASSAJAI~,~ ROAD IN I'ERCIIANGE .". PROJECT REPOI~,T AND cos 98105 ENVIRONMENTAL " WORK PLAN & FEE PROPOSAL CCS PLANNING AND ENGINEERING HQE Rate {S/hr IlL Plepatre D~aR and Final P[oJect Repolt A. Plepale Dlafl Ploject Report B. Sublnit Drafl Ptoject Ropott for Revlew $ 19,610 C. Call,ails District Review $~620 D. Resolve Review Colnmen~Fitloflze PIuJec~ Report $ 1,920 E. Obtaltl Callla~ls Dlstllct Apploval of PtoJecl Rel)ott $ 13,220 Subtotal 7,740 43,110 IV. Pel[orll~ Eltvhonmelltal Docunlellt ~ I)etfolllled by David J. Powels & Associates ~ SCol)il~~ MeeUng ' C. IPtel)ate P~ellmlnaty Envflonme~l~l Slucly (PES) ~ 920 I Tolal tto[l~s -P~oJect R~poH and Envholmtental Docu 212,796 CCS & t-IQE Labor CCS Direct Expenses $ 7,200.00 Oulside Se~ices + 10% $ 80,ooo.oo Total P~oject RepoHIE~wi~onmental Document $ 299.996.00 = ': 1-580rrA .............. ' ....... ccs 9s 105 ENVIRONMENTAL ' ' ' .... ~"i .... ?.~ i !. i ; UNIT; -i I.:q i ~ JESTIMATEE · DIRECT EXPENSES DESCRIPTION "': ' ? . cOs~' ! uNiT:: I QUANTITY TOTALS PROJEClSTUDY REPORT :~ ~ ~ i : ~ .;~ :;;.r'4.x~ TRAVEL/Mileage , ; i $ 0.31 mile 4,500 $ 1.395.00 TRAVEL / Parking. .... ~..: ............ , ..... :~,-?- $ ~-~ 6.00 ~. ~-~ each ........ 40 $ 240.00 REPRODUCTION / In-House Service $ 800.00 actual 1 $ 800.00 REPRODUCTION / Outside Services r ..... . .......... $ 1,000.00 ' actual' 1 $ 1,000.00 REPRODUCTION / Photocopies (8 1/2 x 11) $ 0.05 each' 10,000, $ 500.00 REPRODUCTION / Photocopies (11 x 17) $ 0.05 I each ~ ' 3,000 $ 150.00 ~-'_.'- .. .. - . - ..... ~ -,,': ;, ?. ~:~ ~? ~.... ,. . ~: ~'~ .r.? TELEPHONE / Cellular Phone' ' ' ~ · , I ~ ' ' $ - tel TELEPHONE / Long distance .:~: -z', .... , : '~ ~:- 'i · . i~ DELIVERY SERVICES: Courier '; .?: ~: ~ ~ : ' , ~ ~., $ 30.00 J each .... . ..... 15 $ . 450.00 }-: DELIVERY SERVICES' Overnight Mail '. $ 1.5.00 each · I 30 $ 450.00 i PHOTO / Film ,-_ .' $ 5.00 I roll . I 5 $ 25.00 · PHOTO / Processing ,. ~ v .... : ....... , ...... $ ...... 15.00 I'' roll ...... I .5 $ 75.00 ~ UTILITY POTHOLING ($500 - $1000 ea) ' } MISCELLANEOUS EXPENSES ...... .......... ' ' (Binders, Mist Supplies, etc.) - $.1,500.00 I actual I 1 $ 1,500.00 ' · ' ' ...... i' t Subtotal $ 6,585.00 i: · PROJECT STUDY REPORT' I ; TOTAL with 10% +/-I $ 7,200.00 : -: ~ ~e: glllOS .Tas~ PR -:ED Fees 061Bgg.xbl Shee~t3~-direct-psr Page 1 of 1 DATE 6/'I7/99 1-580rrASSAJARA ROAD INTERCHANGE cos 98105 PROJECT REPORT AND ENVIRONMENTAL ~ · ' OUTSIDE SERVICES TOTAL · ~ SUBCONSULTANT ISERVICE PROVIDED EXPENSE ~ PROJECT STUDY REPORT I .:. TJKM ..... :'' .......... ITraffic $ 14.000.00 Parikh Consultants tGeotechnical Studies $ 2,000.00 Sverdrup IAdvance Planning Study $ 3,0{30.09 WRECO . Hydraulic Review $ 2,000.00 MacKay & Somps Survey/Right-of-Way $ 22,460.00 ~ .. MacKay & Somps . i Mapping Extra for PSR $ 10,000.00 ~ MacKay & Somps -t. ............. - · ---~ ' Aerial for !-580 Corridor Map $ 4,500.00 ~' '- David J. Powers & Asscociates. " IEnvironmental '. '. $ 14,000.00 I Subtotal $ 71,930.09 1 · ~ TOTALwith 10%+/- $ 80,000.00 File; 9B105 -Tass PR ~ Fee~ D~31699.xls She~a.~s-bs-s~m Page I of 1 ' DATE 6/17/99 EXHIBIT B ~ '~ PAYMENT SCHEDULE to be?~,d, eredby Com. ult~.t puts_. ~uan,.~ tO._,,~..'.s Agreement- city shall not pay any additional sum for any expense or cost whatsoever incun'ed by Consultant in rendering services pursuant to this Agreement ........ City shall make no payment for any extra, further or additional service pursuant to this Agreement unless sUCh eXtra. service and the price therefor is agreed to' in writing executed by the City Manag.er or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated vdthout cause at. any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents'and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any mad all claims for damages or compensation arising under this Agreement. Commltant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 06/22/99 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably n.ecessary for Contractor's use while ConsUlting with City employees and reviewing records and the information in possessiOri ~f City~. Th~' i~ilti0n, qUantity, and time of fumishlng said physical facilities shall be in the sole discretion of city. In no event shall City be obligated to furkish any facility which may involve incunSng any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 .. 06/22/99 GENERAL PROVISIONS ::;. ~EPE~E~ CO~CTOR,;:At ~I ~es d~g ~e te~ offs A~ecmen~,Consul~ sh~[be~ ~ CP~cPend,~n~.~n~actor[~d sh~ not be ~ emplOy~ of Ci~.:. Ci~ sh~l have ~e right ~o_¢on~ol. ConsCm_,~,9~y ~of~ ~ ~e res~ ofCo~mt's cnCe~g se~ces rendered P~s~t tq ~s Agreemeng h0~cver, Ci~ sh~ not have ~e der to consol ~e me~s by wMch Cons~mt accomplishes Se~ices rendered p~S~t to LIC~SES: PE~TS: ETC. Co~mt represen~ ~d w~ to. Ci~ ~at he h~ Iice~es, Pe~, q~ficafi0~ ~d approves of wha~oever na~e wMch ~e leg~Iy req~ed for Core.mt to practice ~s profession. Core.mt represenm Co~mt sh~l, at ~s sole coa ~d expe~e, keep A~eement ~y lite. es, pe~, ~d approves w~ch ~e Ieg~y req~ed for Co~mt to practice ~s professiom ~. Co~mt sh~l devote such ~e to ~e perforate ofse~ices p~s~t to ~s A~eement ~ may be r~onably necess~ for safisfacto~ peffo~ce of Co~mt's obligafio~ p~su~t to ~s A~eement. ~S~CE ~O~~S. Co~mt sh~ proc~e ~d m~ for con. ct ~ce ag~ el~ for ~j~es to perso~ or ~es to prope~ w~ch may ~se 5om or ~ co~ecfion ~ ~e peffo~ce of~e work here~der by ~e Co~m~ ~s agents, representatives, employees or subcon~actors. ~e ~a of such ~ce sh~l be ~cluded ~ ~e Co~mt's bid. A. Mi~mm Scope of I~ce. Coverage sh~ be at le~ (1) I~ce Se~ces Office fo~ n~ber GL 0002 ~& 1/73) cove~g comprehe~ive Gene~ Liab~ ~d ~ce Se~ces Office fora nmber GL 0404 cove~g Broad Fo~ Comprehe~ive Gene~ Liabffi~; or In~ce Se~ces Office Commerci~ Gener~ Liabili~ coverage ("occ~ence" fora CG o00~). (2) I~m~ce Se~ces Office fo~ nmber CA 0001 ~& 1/78) cove~g Automobile Liabffi~, code 1 "~y auto" ~d endorsement CA 0025. Worker's Compe~afion ~ce ~ req~ed by ~e Labor Code of~e State of C~ifo~a ~d Employers Liabili~ race. Exhibit D Page 1 of 5 . 06/2~99 f'~ ' B.' Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability:. $1',000, 000 combined single limit per occurrence for bodily injury, personal injury and property damage. IfcommerciaI General Liability Insurance or'other form with a general, aggregate limit is used, either the general aggregate ii'nit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. ~ (3) Workers Compensation and Employers Liability: Workers Compensation I~rn~ts -: ' as required by the Labor Code of the State of Califomia and Employers Liability Ii its fSI O00000p h id ~' .... :-: ' m o , , er cc ent ~ C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentJ ons must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminatc such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond gua.ranteeing payment oflosses and related investisations, claim administration and d~fense exp~nses. i .('-' D.' Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the ~ following provisions: .. (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered . as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or - automobiles owned, leased, hired or borrowed by the Consultant The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. The Consultant's in.~arance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with itc (c) Any failure to comply with rePorting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. .' . Exhibit D Page 2 of 5 06/22/99 (d) The Consultant's insuran~_sh ,all.apply.$epa~a~. teIy to .each insured against i~ whom claim is made or suit is !: the insurer's liability. t - ~. · · (2) Worker's Compensation and Employers Lia~ilit~ Coverage. We urer,han agre to' Ve of suer°gabon the City, its ': officers, officials, employees and volunteers for losses arising from work performed by the Consultant f~)r the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City agaln~t liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) · All Coverages. Each insurance policy r~quired by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in ~' coverage or in limits except after thirty (30) days prior written notice by certified ~ mail, remm receipt requested, has been given to the City. ~'~ E. Accevtabilitv of Insurers. In.~urance is to be placed with insurers with a Bests' rating of ~, no less than A:VIII. F. Verification of Coveraee. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates ~. and endorsements for each insurance policy are to be signed by a person authorized by ~. that in~urer to bind coverage on its behalf. The certificates and endorsements are to be · ~ received and approved by the City before work commences. The City reserves the right ~' to require complete, certified copies of all required in~umuce policies, at any time. H. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authorityi.express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City - to any obligation whatsoever. . · .... · Exhibit D Page 3 of 5 06/22/99 6., ~,(~ ¥ ASSIGNMENT PROHIBITED...No p~,to this Agreement may assign any nght or obligation ~:~ ~:.::~. pumuant,to this Agreement~?An-~ attempted or purported~ amgnm....eht of any nght or obhgatmn >~.~ v~;;.;: ? pursuant to this' Agreement shall be void and of n0 effect ..... assign services pursuant to this Agreement In the event that City, thi i~rm of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon . receiving notice fi:om City of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally o.bserved by a person practicing in Consultant's profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for'the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties'designated by the City; on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every 'ldnd, nature and description directly or indirectly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the' City, its employees and officers from its ov,~a fraud, willful injury or violation of law whether willful or negligent -For purposes of Section 2782 of the Civil Code the parties hereto reco~.m~i:,e and agree that this Agreement is not a construction contract By execution of this Agreement Consultant acknowledges and a~ees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. APproval of the insurance conlracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with ali applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. Ail reports, data, maps, models, charts, designs, plans, studies, sum, eye, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to. this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties Exhibit D Page 4 of 5 06/22/99 ' under this . shall be.subject to private use, copyrights, or ............... . ........ ~ ..... publish, disclose (as may be limited by the provisions of the California pUblic distribute, and otherwise use, '.S~ti~fiCS; forms or-other E~bit D Page 5 of 5 06/22/99