HomeMy WebLinkAboutItem 4.10 CCS Plan & Engr Inc Svs (2)
"'
CITY CLERK
File # D~~~-~~
.
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 16, 1999
SUBJECT:
Agreement with CCS Planning and Engineering, Inc., for Consulting
Services: 1-5801Fallon RoadlEl Charro Road Interchange Project
Study Report .
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
Resolution Approving Agreement for the 1-5801Fallon
RoadlEl Charro Road Interchange Project Study Report
Agreement with CCS Planning and Engineering, Inc. for
Consulting Services
2)
RECOMMENDA nON: ~ us/"AdOPt Resolution
FINANCIAL STATEMENT:
The cost of these services will be paid by Developer (Jennifer Lin);
there will be no cost to the City's General Fund. The cost ofthe
work is proposed not to exceed $307,000 for the Fallon RoadlEl
Charro Road Interchange report.
.
DESCRIPTION: In April of 1998, the City contracted with CCS Planning and
Engineering for preparation of a concept study report relative to improvements to the 1-5801Fallon Road
interchange associated with the Dublin Ranch development. The cost of this concept study report is being
paid through developer contributions.
Due to recent approvals of new development in the Jennifer Lin Properties Dublin Ranch Areas A-E
freeway ramp modifications on the 1-580/Fallon RoadlEl Charro Road Interchange are soon to be
warranted. To process the needed improvements through ealtrans, a Project Study Report must first be
prepared. ees has submitted a proposai for the preparation of this report with a not-to-exceed fee of
$307,000. The cost ofthis report will be paid by Developer contribution. Approval of the agreement with
Jennifer Lin appears as a separate agenda item.
Tasks included in this report are: filed reviews, analysis of existing traffic conditions, preparation of
traffic model analysis, development of conceptual geometries, development of conceptual phasing plans,
estimation of proj ect costs, development of plans, preparation of right of way data sheets, preliminary
. --------------------------------------------------------------
-. COPIES TO: Tom Wintch, ees
4.10
ITEM NO.
g:\engr\ccs\agst_ tass&faln
environmental analysis, preparation of reports, attendance at all required meetings, and interfacing with
Caltrans.
Tom Wintch, who has been project manager for CCS for the previous concept study at the I-580lFallon
RoadlEl Charro Road Interchange, is proposed to be project manager for this work. Mr. Wintch was the
project en&ineer with URS Greiner for the Hacienda/I-580 Interchange and the Tassajara/I-580
Interchange improvements constructed by Pleasanton. Mr. Wintch is also the project engineer for the 1-
580/1-680 flyover, and as such, is very familiar with the 1-580 corridor. As with the previous agreement,
this agreement would require that Mr. Wintch be the project manager for this work.
Staff recommends that the City Council adopt the resolution approving the agreement with CCS.
Page 2
.
.
.
1......-
r
... ,.
. ",
. -
RESOLUTION NO. - 99
.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT WITH CCS PLANNING AND ENGINEERING, INC.
FOR CONSULTING SERVICES
WHEREAS, future freeway and int~r-agency infrastructure is planned to be constructed as part of
the development process in Eastern Dublin; and
WHEREAS, improvements are required at the I-5801Fallon RoadlEl Charro Road Interchange; and
WHEREAS, the City desires to utilize the services of CCS Planning and Engineering, Inc., to
prepare a Project Study 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 Planning and Engineering, Inc., for consulting services.
.
BE IT FURTHER RESOL VED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of February, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
.
g:\engr\ccs\reso jaln
..:~TI~ ~~ i'Wr~fi;:~" rT
. ',. '4 c.....l f ,I.. ...., ~ ,
,.
:---'*'-............. _._~ ~
(' 'r
"? ~. .'" y
::;-"' --
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
.
THIS AGREEMENT is made at Dublin, California, as of February 16, 1999, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and CCS PLANNING AND
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 payments 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 Exhibit 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. All 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 Consultant'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 this 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 of2
02/08/99
I" . ~~.....;- ^- f~ ~ ~ ~ J.. F~ ~ h""P'" 2-
,-,; I.":,! 'l-fh/ir-f\1 : .
.. .),~ t"~~~'tr l
----..,,~- ...- -~
.
.
.
.~ :/
'3 <",J ."./
team without prior written approval by the City. The Project Manager for Consultant shall be mOMAS
M. WfNTCH.
9. CONTRACT AOMINISTRA TION. This Agroement shall be administered by LEE S.
THOMPSON ("Administrator"). AJl corresponQen.ce shall be directed to or through the Administrator aT
his or desi&;nee.
Anest:
10. NOTICES. Any \o\Titt~ notice to Consultant shall be sent to:
Tow Wintch, Proj:ct Manager
CCS Planning and Engineering. Inc.
6 Crow Canyon Cou..'1
San Ramon CA 945&3..1621
Any Y.'litten notice to City shell be sent to:
Lee S. Thompson
Director of Public Warks/City Engineer
P. O. Box 2340
I lublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
By
"City"
City Cl~k
By ~-t,_Ld
"Consultant"
Approved as to form:
AiTc:=menr
Pa~e 2 of2
02/08/99
City Anomey
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
PER PROPOSAL DATED NOVEMBER 25, 1998 FROM CCS PLANNING AND
ENGINEERING, INC. (ATTACHED).
Exhibit A
Page 1 of 1
02/08/99
tf ~ :~S
...
.
.
.
.
.
.
" ,"
,;- ;)
TASK DESCRIPTIONS
The detailed scope of work below provides a description of the various tasks of work to be performed by
both the City of Dublin (CITY) and the CCS project team (CCS). with the individual responsibilities
noted.
TASK 1- PROJECT MANAGEMENT . .
ecs shall perform the following administrative and management functions necessary to complete the
PSR:
A. Project Administration
Project administration activities will include:
. Supervise and coordinate the project work
. Maintain monthly project schedules and budgets
. Prepare monthly progress reports and invoices
. Supervise. coordinate and monitor project development activities for conformance with
Caltrans' standards and policies
. Setup and maintain project files
B. Meeting Attendance and Reporting
Meeting and report activities will include:
Attend meetings as scheduled and required. ecs 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:
Obtain Local A~enCY Input
ces will identify local entities that may be interested in the project and provide their feedback to
the PDT. Two meeting with local entities will be held to discuss seoping, issues, and project
features. CCS will summarize the results of these two meeting in a memo provided to the PDT.
Ad;acent Properly Owners MeetinflS
The intent of the Adjacent Property OWners Meeting will be to review known project constraints
in the initial stages of the project, elicit additional constraints/input from community members
and property owners, potentially discuss some alternatives that have been developed to date,
discuss additional alternatives that the meeting may gener'.-.Lte, and review the project schedule.
It is estimated that ees's involvement at the Adjacent Property Owners meetings will be to
prepare presentation exhibits and present the project.
Periodic Jvfeetings
Attend Project Development Team (PDT) meetings and conduct Progress Report Meetings with
CITY's staff. The number of periodic meetings are based upon a project duration of twelve
months and assumes a maximum of eight PDT meetings and eight Progress Report meetings will
be held during that time frame.
J.5801FtJiJofl Rood
Project Study Report
A-I
CCS P/aw/ing & Engin~ering
November 25,1998
tIN I f~lo" tJj;( SCOIlC.doc
,r ,- 1....-
~.,- --_/
o
TASK II - PROJECT IN'1TIATION
Project initiation activities will include:
.
A. Pre-PSR Meeting
If not already provided, Caltr'ms will be requested to provide the name of its designated contact
person, Caltrans will be requested to f1m1nge the reCju~red pre-PSR moeting. The purpose of the
meeting is to review the PSR development process; obtain agreement on the intended project
scope; obtain agreement on basic design standards; ascertain State, local and Federal
programming requirements; and pursue agreement on traffic forecasting models to be used (it is
presumed that the Tri- Valley Transportation Model (TVTM) will be used).
B. Request Formation oland Establish the Project Development Team (PDl)
The Caltrans District Director regardless of who is preparing the PSR establishes a PDT for each
project. CCS, in conjunction with the CITY, wi11 suggest names for membership on the PDT to
Caltrans, and request approval thereof. Representatives from other Caltrans Functional Units,
Value Analysis, and local and resiona.l entities will be added as needed.
c. Define TransportatioD Problem .and Assess Site
Obtain and Review :&xistin!! Data
CCS will col1ect and revi~w available data for pertinent input in the development of alternative
studies. Typical data collection shall include as-built plans for the existing roadway facilities,
utility record drawings, right-of-way record maps, and other infonnation as applicable.
.
The following documents will also be reviewed:
. Transportation Concept Report (TeR)
· Caltrans District Strategic Plan
.. Regional Transportation Plan
. Congestion Management Program
· Tri-Valley Transportation Plan
· Alameda Countywide Transportation Plan
. Dublin General Plan
. East Dublin Specific Plan
Appropriate information from these documents will be used to document the need and scope of
the project.
The conversion of the existing right-of-way lines and freeway, ramp and local street control lines
from NAD 27 (1927 datum) to NAD 83 (1983 datum) metric will be by factor only, not through
survey. The resulting factor converted right-of-way will be approximate only.
A determination will be made as to additional traffic counts that may be requittld in order to
confinn the study area a.long the freeway mainline. For the ptlrpose of this scope, it is assumed
that five intersection turning movement counts during the AM and PM peak hours will be
required at the foJJowing locations:
· Dublin Boulevard/Fallon Road
.
1-5S(JiFal/on Road
Project Study Report
A-2
CCS Planning & EngJ,u:cring
Novcmb~r 25, 1998
revl f~DD psr ~JIC:.dDC
.
.
.
· EI Charro RoadlStoneridge Drive
· 1-580/FalIon - El Charro Road.Ramp Intersections (2)
· 1-580/ Tassajara - Santa Rita Road Ramp Intersections (2)
· I-580/Airway Boulevard Ramp Inters~ctions (2)
/ (...
I 'I"~ I' . ..
(
Counts will also be collected on freeway segments and ramps as needed.
Conduct Field Rwiews
CCS will apply for and obtain a Caltruns' Encroachment Permit to enter the project site for site
visits and field reconnaissance. In addition, CCS will obtain Perm.its to Enter from key property
owners, with the CITY's assistance, for site visits for the Initial Site Assessment.
Analvze Existinf! Traffic Conditions
Since year 2000 is only two years away, TJKM will use measured conditions (e.g., existing traffic
counts) and apply gro'Wth factors. Growth factors will be determined from comparing existing
counts with counts in the past. ABAG Projections '98 wilI be used as supporting materia! to
determine the growth factors. Growth factors will then be applied to existing counts at the key
freeway and intersection locations. This analysis will be used to validate the need for initial ramp
end improvements.
Prepare Traffic ldodel Analysis
TJKM will fmalize assumptions and methodologies to obtain 2005 and 2025 projections based on
the 1996 TVTM. TJKM will coordinate with MTC and Caltrans to ensure that the traffic model to
be utilized and the proposed methodologies to be used are acceptable to both agencies and the
CITY. TJKM will conduct model runs to obtain traffic data for years 2005 and 2025 and
intennediate runs will he done to sufficient detail to determine the approximate time frame that
development triggers the next stage of interchange improvements. The year 2005 and 2025
network and land use assumptions for the project will be finalized. Issues such as the status of
Airway Boulevard, Isabel Parkway, and Portola Avt:nue interchanges and other roadway
improvements in the Build and No-Build scenarios will need to be addressed. TJKM will adjust
intersection volumes utilizing the Furness Method documented in "Highway Traffic Data for
Urbanized Area Project Planning and Design," Report 255 of the Transportation research Board.
Year 2025 jsexp~cted to be accepted by Caltrans and FHW A as the horizon year for the Fallon ~
EI Charro Road Interchange. TJKM will adjust the land use and the network after approval oftbe
assumptions and methodolo,&'Y by Caltrans and MTC. TJKM will produce yeW' 2025 traffic
forecasts with and without improvements at the Fallon - El Cahrro Road Interchange.
Define Pro;eet Purpose and Need
Every project must satisfy a clearly defined need and purpose. CCS wiH prepare a memorundum
defining the existing problems and issues and the requirements of system strategies as defined in
the State, regional, and local plans and objectives.
Prepare Draft Cooocrative Agreement/Letter of Unders/cmding
A draft cooperative agreement will be prepared. incorporating understandings to date. and
submitted to Caltrans for review.
f-580/FtJJl()FI Road
Project Snuly Rapll/'t
A-3
CCS /'wllIling & Engineering
November 25, 1998
fl:\/l flill"" """ :ICO....~
,.'
~ /'-,
D. Develop Initial Alternatives
D(tVelop Conceptual Geometries .
ces will meet with the CITY and Caltrans to determine which schematic scenarios should be
initially investigated. At this stage. CCS will study und prepare up to a maximum of three single-
line diagrammatic altematives at 1;1000 and submit to the CI1Y and Caltrans forreview and
comment. The drawings wiH be prepared on topographic mapping.
"Refine Geometries
After meeting with the CITY and Caltrans. the alternatives wiII be revised to respond to
COmments. Partial graphical profiles will be developed only for those areas where there is
concern of vertical clotlrances. A listing of non-standard design features will be tabulated for
each of the nlternatives. The revised drawings will be resubmitted to the CITY and Calrrans for
further review.
Additional altemotives would be considered as extra to 'his scope a/work
DeveloJ) Conceptual Ph(JSinl.~ Plans
Conceptual phasing or construction staging plans will be developed for the construction of the
interchange improvements. CCS's approach to phasing the interchange improvements will be to
first establish the ultimate improvements. TIlt analysis of the phasing plan will then include the
determination of incremental improvements that could be constructed. (taking into consideration
budget constraints). that will not preclude the ultimate improvements.
Estimate Proiect Costs
Order of magnitude costs will be developed for each of the project alternatives. Right-of-way .
cost estimates to be included will be based on typical land value data provided by each of me
affected Cities.
Identify Selected Alternatives
After review by the affected parties, the PDT will be requested to confirm the s~Iection of tho
preferred alte::rnative(s) and the ono Minimum Project Alternative to be presented in the PSR.
CCS will prepare a letter type report summarizing the basic alternative selection process and
conclusions thereof. The project record will indicate which alternatives were dropped from
further study and why.
E. Analyze Alternatives
Develop Plalls
Upon receiving concurrence by the CITY and Caltrans, the ahemative(s) selected will be
developed (double-line) on CADD. 1:1000 scale plans and profiles will be prepared for the two
selected alternatives. It is assumed for this scope of work that a maximum of two alternatives
will be developed.
Preoare Right-of-Way Data Sheets .
Right-of-way data sheets will be prepared for the project alternative(s) and the Minimum PrOject
Alternative.
.
J-5&O/Fullf./fl IltJtJd
Project Study Report
.4-4
CCS Planning & Engilleering
Noycmb::r25,1998
fl'Vl fal1pn pst 1iCOflC.:luc
.-
.
Preliminary Environrnt.mtal Evaluation
The potential environmental impacts will be researched through a drive.by survey and records
search and presented on a broad basis to include impacts to air and water quality, wetlands,
flocxlplains, endangered species, hazardous wastes, and historical properties. Genr;:rally, those
environmental issues relevant to the alternative selection process will be presented in a qualitative
manner with no specific design recommendations. The environmental significance checklist will
be used to transmit findings from the environmental evaluation.
Perform Initial Sitr: Assessment
Every project that involves purchase of new right of way, excavation, .or structure demolition or
modification generally will require an investigation to determine ifknown or potential hazardous
waste is present within the project limits. Early and close coordination with the Caltrans District
Hazardous Waste Coordinator must be maintained. Responsibility for cleanup and funding
depends upon whether the site is inside or outside of the existing State right of way.
An lnitial Site Assessment (ISA) wiIl be prepared to identifY potential hazardous waste sites and
evaluate environmental factors that may have impacted the soil and lor groundwater quality at the
site. The PSR will include the conclusions of the lSA.
.
Prepare Structurr:s Advance Planninz Study
Advance Planning Studies (APS) will be prepared to develop feasible types, COSts and controls
for structures and modifications requir"d for the project alternative(s). Studies for new structures
will concentrate on span lengths, structure depth, column size and location and seismic concerns.
Studies for structure modification will also address seismic retrofit, railing upgrades,. and the
overall condition of the existing structures.
Prepare Preliminary Geotechnical / J.1ateriaM Rr:port
Tnis will serve to identify the anticipated s'ubsurfac:e conditions, seismic considerations,
geological hazards that may impact the project, anticipated foundation type. geotechnical aspects
for design and construction of new bridge structures and ramps, visual evaluation of the existing
pavement for future reuse, anticipated pavement sections based On estimated traffic indices,
available borrow sources and potential corrosivity concerns. Input will be based on review of
available information within CCS Team files, Ca.ltrans (including available Log atTest Borings
and Bridge Reports), Zone 7 offices, and othor sources of infonnation as a.ppropriate, and a site
reconnaissance. Field i11VestigatiOTtS, laboratory testing and engineering analysis will not be
- included as a part of this work.
Results of the data review and field reconIULissance wiH be summarized in a written report
prepared under the supervision of a Registered Geotechnical Engineer.
Assess Rif!ht.of- Way and Utility Relocation Requirements
Right-of-way and utility rolocation requirements will be assessed for the project altemative(s) and
the Minimum Project Alternative." These assessments will be of a preliminary nature in order to
quantify impacts on the basis of "order of magnitude" numbers.
.
Preoare Traffic Operatiolls AnalYSis
TJICM will coordinate with Caltrans and MTC to ensure that the traffic modol to be utilized aod
the proposed methodologies to be used are acceptable to both agencies and the CITY. TJ.KM will
use the 1994 Highway Capacity Manual or 1996 CORSIM to perform freeway and ramp
junctions tr'd.ffic operations; modified Circular 212 method as adopted by Contra Costa
j.580/FaJlcm Road
PrlJ)l!ct Sf1u}y &plJl.t
A-S
CCS Planning & ETlgifl~cring
November 25, 1998
rwl tillc/o pM 5CtIp.::.duo
'. ')
Transportation Authority Agency (CCrA) or TJKM VC method.e.s nonnally used in each City
for intersection level of service analysis; Poisson Ratio method (Caltrans approved) to estimate
the queue length for the turning lanes at ramp-end intersections; and SYNCHRO to evaluate the
queue length and levels of service for all intersections.
.
Evaluute traffic operations at 1-SS0fFaJfon Road interchange including ramp-end and other
corridor intersections to support lane configuratIons of the interchange for the initial ramp-end
modifications, Stage 1, Stage 2, and ultimate year conditions.
TJK.M will perform the f~l1owing operational analyses:
· Analyze highway mainline merge/diverge or weaving level of service to evaluate
alternative Jane configuration on freeway mainline and ramp junctions
· Perform ramp-end intersection level-of-service analysis to determine the intersection lane
configurotion at Fallon Road - EI Charro Road
· Perform other study intersections level-of-service analysis for two project alternatives
· Perform traffic signal Warrant analysis
· Perform queuing analysis to determine the ~'torage lengths for the turning movements at
intersections
· TJKM wiU address other project issues such as ramp metering~ HOV l:me considerations,
and mainline operations.: .
TlKM wi11 submit the following information in a technical memorandum: '
· Existing Traffic Data Summary
· Land Use and Network Assumptions for Years 2005 and 2025
· Methodologies for traffic engineering analysis
· Traffic Data Summary for Years 2005, 2025 and the intermediate year which triggers
staged construction
· Traffic Operations Analyses
.
Identify Non~S1andard Featwes
Non.standard mandatoI)' and advisory design features from the Highway Design Manual wlH be
noted in the PSR. Fact SheetS will be propared to obtain approval of tho non-standard features by
Caltrans. For this project, it is assumed four Fact Sheets will be prepared.
Refine Cost Estimates
Order of magnitude costs wiH be refined for the project aIternative(s) and the Minimum Project
Alternative. It is assumed that Caltrans estimating procedures will apply. Right.of.way cost
estimates will be included based on typical land value data provided by each oftbe affected
Cities.
TASK ill - PREPARE AND APPROVE PROJECT STUDY REPORT
A. Prepare Draft Project Study Report (PSR)
Project Study ReportS are used to obtain conceptual approval of special funded projects. The
PSR is a feasibility study to develop project concept and scope, .and to secure Caltr.ms'
management conceptual approval before mOre detailed study (Project Report) is undertaken. The .
report addresses the following:
/.S80/FIJ1I(Jn Road
P/'lJ)lIct SJudy ReplJrt
A-6
CCS Planning & Enginecring
Novtmlber25~ 1998
t<:'( I !..lIon pIS!' iCOpol.dL.e
.
.
.
· The problem, the need and the purpose
· nle range of alternatives with recommendations
· Preliminary analysis of the impacts on the State highway system
· Preliminary estimates of costs
· Tentative time and support requirements
The PSR will be prepared in accordance with Caltrans guidelines.
E. Submit Draft PSR for Review
It is expected that CCS will prepare one pre-draft.pSR to be submitted to the CITY-and Caltrans
for preliminary review and comments. After revision, the draft PSR will be circulated to the
CITY, Caltrans, FHW A, and other appropriate entities for review and comment. The foIlowing is
a list of the reviewing agencies and the number of copies that will be provided:
AGENCY
CITY (City of Dublin)
City of Pleasant on
City of Livennore
Caluans
FHWA
Zorie 7
BART
Dev~loper .
...
"
...
"
3
5
3
1
1
3
c. Caltrans District Review
The Draft PSR and Fact Sheets will be submitted to Caltrans for formal review.
D. Resolve Review Comments I Finalize PSR
V pon review of the comments received and after discussions with the CIIT, CCS will set up a
meeting with the CITY, Caltrans> FHW A, and other parties making significant comments. to
discuss the comments and reach resolution of the concerns. Minutes of the meeting, docwnenting
the resolutions reached, will be prepared and distributed by ces.
Based upon review comments received and resolutions reachod, CCS will prepare the Final PSR.
E. Obtain Caltrans District ApPfo,\fal ofPSR
The Final PSR will be submitted to the CITY and Caltrans for approval and The following
agencies for information:
AGENCY
CITY (City of Dublin)
City of Pleas am on
City of Livermore
Caltrans
FHWA
Zone 7
BART
Developer
No. of Copies
3
...
J
3
?-
-:>
1
1
1
...
J
1-5801FuJilm Road
PrDject Study Repon
A-7
CCS Platlning & Engineering
Novomber25.1998
,ev J fWloo p:;r :;cop.:.dClll
,~
/ /' ~ -"
/ r "
It is exp:cted that one submittal of the Final PSR wiH be made. V pon approval of the Final PSR
from Caltrans~ each of the affected Cities wiU approve the PSR by action of their respective City
Councils. Approval of the PSR authorizes the CITY to proceed~ if they so desire, with .
preparation of me Project Report and Environmental Document.
ADDITIONAL SERViCES
All services not expressly identified above as being the responsibility ofrhe CCS TeEUn~ and/or in
excess of those identified above will be considered as additional services subject to further
negotistlon between the CITY and CCS. .
Permit fees have not been provided for nor included in this Scope of Work.
The user fee for the "Tri-Valley Model" bas not been included in this fee proposa1. The cost to
obtain the right to use this software would be considered as extra work.
Project Report.and Environmental Document are not included in this Scope of Work.
The Adjacent Property Owners Meetings sball be publicized by issuing regular news releases
~dlor paid advertisements by the CITY. .
If a Public 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 I .,
notices, arrangement offacHities, overseeing the meeting, etc.
.
.
I-S8D/Fallon Road
Project Study Report
A-8
CCS PJanrung .:It Engineering
November 25, 1998
,=v1 f~l(t!l pst s::apc.doc:
.
.
.
I.SDO/FALLON HOAD INTEHCIIANGE
PROJECT STUDY REPORT
WORK PLAN & FEE PROPOSAL
CCS {1f,(IX,,\
CCS PLANNING AND ENGINEEfUNG
E \ ~
r" ~ ;:- 0
I" \!.! 7. I "-
... rl~!E ~~ ~:t0 ~'~ f-7.~ < S
l;: ~ r. w) 0 {2 ;~ r~ I" U -, -: II! . I" ti v,
l! ~i;19 >:P uiO v,t;::i til-c' ~iil Z ' l-c'
V> ~ a :::: -: W C1 &:; ;:; [~G l' Co: it; r:: "', u
~'~g:~ ~~ 13~ ~~~: ~:ili ~S I @ i ~
Hele ($.'111' $150.001 S14(l.OO . $115 Oll n~1 SiJrj{,(l I S62.(lO I SilO.Of) I H5.00
E7,G~~o~~n'~~Il~~~i~,g~s_ ==~=l=--L J:. ....1..._=.:..:::...::::: ..... .~... :=:u_
A Pftljru;IAdJllin!sI'~~ioo _ ___ ~. __~_____. _. '.. .... I '_. __.___'_______. ____ .____.__. .
.-. .-- COIl/racl Adminisllafioll... 40 ! ___. . . _. 24 : '. 6 72 $ 0.G10
--. Prepare P~g!~SS Fif!e.o!!.~__n__. {I i--6~_~~=-~-':'=~=--=-~--=i_-=== ==.~ -_. --~4 J==4.~~l
· Prepar6 Monfl1fyAcoounling Repo.is {I i-. ._~~__~.__~__. ~'_ ~_~~ S 4.240
· f-i/s-Mallagrmrenf , 8 ... '~__n m _.__~______. __~g___ 52 S _~,1.0_
-i>-:-1feeimgsi RepOiis -.- - ---- _ . " ___ ___. ___.. ,_... ___.... i . 1
. -.- ob/alrl tocalAgeilcr Inpul-Assu,n.19 2 _^!e:lil1g~ .... __ ~6 ~1~i ____ _, ~-=-~? .~ ...::-~= 6,22Q
----..--.~df15."-'?ft':'o~Ofit~?IVjw!~~~~~ii/Jgs-Assumo f fI/!:>e/ings ~~ ~ __.01_____.___ 3G S -j.906
· PD 1 Moolillgs - Assum~ 8 Meelillgs 24 12 12' .-- -- -- (;4 r- -. - - j, 700
--. · -- Progress RepOii Meeiings -Assu';-'liiiHleeilngs~ ==-. !~ -==~ ~ 16.=':' == ,j6 S=~~~;J60
SublalaJ 1201 3G' 44 __ 408 !__ 43,6io
--
i i:- Projec[i riii.iaiion
A. PrePSRM~/ir'Jl'__o<____.m.__. 4 -- 4; <I' . --12$--(440
- G.-r-orin ProjicliJuv~!gpm8I1J Team. (PDT) . _. _ ... __ . _ ==--.~ =-~ ---- ---. 1- <I -'-1 U.n_. -, - "n'_ 4---'- 12 !~=~. !.!.Qo
c. Vat/lie ftalJspoIlalion PrOMaJ."..&.1\5sesS Sifs . ___._ '_. ___._ __. ___ .___._. .1__. . ~ '. .._ .__ _____ ~_ ; ____ =---:'_.
"-~=obio~i~all~Bf!dGIl'ExisringD8Ia __ __.. -jl____n _6 ___: 01 12-=:'.1 32 S .2,604
---. ConductFie!i!.Reviews - 8.___ Bl 4. .':'_g.r~:J~ .~~~=-~':....J.:~-=':.~::':=.~ .L.~--'---'4,124
--'--Aiiiilyze El\isling Trsffic Cciiiiiil!Oiis _____________ 'fo Be comptelad by T JKM _._.
----..-Prepare Trafr/C ModejAnaii~is '__ __ _____. ____. _ ___ _!,o B~ c~el(ir!_JiYIJK~L~.==--=~~ ~:-~.:~::~:_ :"=_-n-- ~~~__._.-.
· Defj(-jf;Pioj~fl!~~~-.e;Ne6d ,,~_~ '__ -1 16 ~ 1,900
F~"!~~iiffi~;;~:;Ui m .- ; I.__j e- u::~~ :--:: ...-_ ~~I-~2:1-=j ......~.~ i.~i:~~-
'-.._-i50\,ijiOj)Cfjnceplu~iPhaSing Plal1s _~2 L_ 8 20 _m___ u_ 4ul-u. 24i - -- 20I'--~ .----114 $--10 008
----.-Esii,llaiePlOjecf c;osls -- ____ ___~ :, ___a =--:--2~-- -- - - -'IiB] -.- - 24- - u 3 --- -- ---'00 $- -- 0:603
-. -,deIMiseiecied Aiffjmaih'es ._ 2; 4 4 -- . I -- '-1' . . - 10 S- 1 320
- - -. --.~'I?iJi willt C43fflf~!IS.:~~-:-~..::== _--: - - -- --. --. "';...:.. '4 --.. - 4 _ __'/ i _ l- - 12 ~ - -1 :G2LJ
E. IlnalyleAf/emafrl'es_______ _ _. ; _.~ 1 ! I _ - ~_
----. Dew, lop Plans 4; 1..11 4lJ 501 wr-' (;{IJ 212 S
::~;~:::~~y,,?t,~:~:,:j:o';nm"l,iE'~J""=, =- -- ;1_.. ~ -" .. "___ 10;-:-'1_'--_--,; ;
· Perform loilier Siie-'m~es.I~J,!rjfJ!!.(H1.~___. __ . .. n_ . - .-..- ~ __ Jj i j G $ _
-----. Plepare 1Mp -.- .. . _ '.... _ 2 ... ... ..... 1J _ __ 12 ..-= -. e I l\ - 4' 42 $-
--: ;i,::;::: ~;:;;:.;,i:,:i r^~~:J"d,::~1,'iiiii~:;~~;k:;""i ....:.:~ ... : ... L - T I = 1_ ~ f_
tf'.'
l'O
:J
o
J
-<
L..
"
i=-
~
o
~
::l
r-::
D
J-o
.....
f~: 'Rllll~~ ~ f~I"~' 21 "lk...,SR r f~'S.,I~
~t.f:[1; relt.... ~f
18.220
_GJ1G
OW
UW
4,116
&30
{lGO
[''''J'' 1 ~,l JI
DillE 11/lJ/98
I-SBD/FALLON ROAU IN'IEHCICANGE
PROJECT STUDY REPORT
worm PLAN & FEE PROPOSAL
CCSlmuxx
GCS PLANNING Arm ENGINEERING
I ~ > ~
rr: m 0
\!l I I .1 I- l!.:' .... ~ 7- rl.
::l: I'! xl:! !;! !>':<VJ l-~ -C!:: :: !';
u '- I'.' ~, 0(;: 'F ~ ; v .. ... I" ~ lJI U ;;,
I::: !:uP - ruo It::.~~ ~ ~ bl:! ~
::. 6L<!< ?;Gi Off ~~d g~ VlU ~; tj
~t'- ~ 0 7- <,:" ,~~ ~ V IJ' 11:' l) Vi 0 I), i:i:
...~< '"-:r,( <(r~ L:..\lleC "'",.-Z.l VI;>': .,; "-
:.::: !-'",::E ...lV! ";tI) v,f-.lI> _\J~ <\.!.! ;.... 0
Rat" (Mil) $150.00 ~ '''O.O'J ~ 11 ~,(l0 S>l5.00 i.90.0l1 ~ 562.00 I S60 OtJ . $4 St'!>
· Prepare Uli/!l}'R(JIf!C,fI~02_~~quiremellrs 2" 1fi _". 10 . _ .3~_! .. .._~.~___ ~L_,. 92 ~ n,540
-; Pmpiili;1rarfiii6peJal~laf Analysis 1"0 Be compleleel by TJXM -. 'n__. __,_ __.__.
-- i--Pedoi-ni' Hy'a'JIJuJIC Review ---- ~ - 2[--- 41- -~ -I ! --,- 2~ -.. -20 - -.- -. U -4G s --~5ao
'-_~~:~~::;i~;t~;~:~'j~;~;~~~~OQ;&-AdVi?Jf);F~~~~_~~ '___ 1.:C==~~~ -~__ -;~I--=- -j ,~> ~~~= - _161. ~.~:~ -. ~-_-B _ ,- ~-n ~-~,-~~~:~g~
· ~e(J.I!e ~ O!!!a; Sfl~,ols .___ __ _ _ ; ~ _~ ~_ ~ _ _ _ 1_ _ <1 i _ _ 41__ '_ _ _ ,_ __?'Q j ___ __ 2,O~~
· U{->dare Cosl EstImates . . _ ?~_~ _, ~ 1____ _ L__~~.:.... _ _ ,_ 20- _ . _ 5-6 S 4,940
Sub to taf 78i 146 2W1__ . ~~i ~ -~!!i- ~~I___ _~~~ .~~ ,3B ~ ___ ~336 $ ~- ~_!~,1I26
iitPreJ)a-real)~-A'pprove-Prolect -StudyReport. ---- ' I
~. tt;~iv~::::',;.~~", 11.."" --- - .---.-.- -_.~.:... 0 . '; ._.~_. . : I ~ un. ' '" j .- :40! . .. -- 16 - .- _- ~, ~ --. -;;~ ~ u_ 17,; ;;
g:~:1;ii~~::~~~::;'~::~;'i,m"i"'PSR-uun- _ = ~ ~ .::-2~Lu. _- - 201 ,;~uu=Ao:u ;;;=J;;~
E_Ob(~~I!.qa-'~,!II!!J!-,~s.lricl/!ppr:.O\'81 -,- -,-,-____ ____4i_~ _____:____ ---41-----__-1______ _______~___ _____---.!? ~,_,__~"'O
F: 01t(ai!!-':=I!~~_ ~l}Cep' App~.:al for RiJi'JSOO roC _ II l--~ ----I _ _ _ _ ~ _ ___ i-- ________~. ____. __ 1 G S 1,920
G-A~"~~..."I:I"~'R"'~" __ ___....~--=_.___ _. Subl"I.; .....');1= -- - ..umuau:=.,-, -~il -" "-__." ~ ;~n 3;.~~~
i
2221 394, 1841 39&1 326 2081
tIl
~
::>
o
:I:
~
o
~
,-
.,.
<:
to
....
')
~
f...l
f-o
Tolal flours - PTOjoct Study Raport
2301
13G
2U96 $
203,022
CCS labor S 203.U22.UO
CCS Diree! Expenses S 10.100.00
Outside Services + 10% S 93,000.00
.'ol[J1 Pwjeel Sluu)' Hepol! S 30r:;,122.0lJ
Talal Project Study Report $ 307,000.00
'-,
-,
I ~!!~:, .Il".}fal.""~
-;'1.:>~1 r :11).-0., ~"'f
p;>,m;!,.>.
.
. , 4 ~ ~. "., .
.
.
.
1-580/FALLON ROAD INTERCHANGE
PROJECT STUDY REPORT
DIRECT EXPENSE.S
CCS 980.'\X
UNIT I IESTIMATED
DIREC"r EXPENSES DESCRIPTION cosr UNIT QUANTITY TOTALS
PROJECT STUl'Y-REPORT .. ...----- ~-_.... I
, i
J.13A VEL TMi'eage - ....- -1-500
$ 0.31 I mile I $ 465.00
I
- ... _. 100.00
"rRA VEl I Parking S u_ 5~OO I each I 20 S
-" .-~-~~ ---
, I
REPRODUCTION Iln-House'''Se'rvice -" .
I I
I
REPRODUCTION I Outside Services .--.- . actual "., 5,000.00
S 5,000.00 i : 1 $
REPRODUCT/ON I Photocop'leS(8 1/2 x 11) .....-.- each 12000' 's 600.00
S 0.05 I i
REPRODUCTioN I Photocopies (11 x 17) ... ... r ... .. 120.ob-
S 0.05 I each I 2400 S
.,. I ..
j ELEPHONE I Cellular Phone" -- --. ". -...-. ...
I .~ -
I
._-" -. .
TELEPHONE I Long distance I $ -
r'~ . ~. . ... . . J. - .. - .. -_.~--
DELlVEF<Y SERVICE!f:"Courier --. each 20 S 600.00-
S 30.00 I :
DELIVERY SERVICES : Ove~rJ.~t Mail ..--.-.,. .. 15.00 I 20 . -~....
$ each .-} . S 300.00
I ._.__.}-Q~
PHO'ro (Film . .-- . ..- roll
$ 5.00 I
--........---- _._.~.+-
PHOTC? I Pro:::essing S '15.00 : roll 101 $ 150.00
..._-,_.....
.~.._-~. -. .. j I
I I
--., . ~.. .- -, .- -.. . -
UTILITY POTHOLlNG S~.e.Q~.~ sf600 eaj ..---..........- f----~ I I
I I 1~1 $ 1.00000_
----
MISCELLANEOUS EXPENSES I I
I- r___.... ~.,_.._ .. . .. . _...~ $ '-'1'5'0.00 i ,
I (3ind.tS, Mi~~upplies, etc.) actual I
i I SUb'aiaij S -9:; 85.00
, !
-. 0.- _,_.. -- I---
I I
I PROJECT STUDY REPORT TOTAL with 10% +I:r SiD, 1 00.00
FOlG: ~5 - KilV-:'l ~il!;=....i"S>l Feff5.XIS
StlWt F;IIOT\o<lIt&el-pif
F1age ;';$ of 4
DA TE 11/23/98
, ..
j
. '-580/F ALLON ROAD INTERCHANGE CC$ 980>l.X
PROJeCT STUDY REPORT
OUTSIDE SERVICES .
OUTSIDE SERVICES TOTAL
sueCONSUL T ANT ISERVICE PROVIDED EXPENSE
I
PROJECT ST-UDY REPORT . t. .~ ..._ .... ..
-.-. . . -. ...
r:iKM -- ~ - -_&. __u ~ 45,500.06-
~.:"!:"Eaffic.. $
- --~- .- 6)-00.00
Parikh Consultants Initial Site Assessment $
Parikh Consuiia-rits 'Geotechnical Studies ... ....
S 5.000.00
.n .. +,. .-------~- Advance ?~anning -Study .-
Sverdrup " S 11,700.00
WRECO ... i tlX9~u!i~ Review - $ 5.300.00
Mark Group or Pow6rs . Environmental S !.~!~OD.OO
1---. --.. .. , ~..._.
. . .. . -
-. m -'- ... Subtotai
I $ 84.400.00
I
--- '0 ---.-- "'1 ~.. -.
TOTAL with 10%<+-1- S 93,000.00
.
.
F'18: i:S03S. FliIv.2 F8ll.:rr.PSR. F"EI&.~ilI Page 4 of 4 DATE 11123198
SI,W:: F~IiClr""'ubao8;lm
.
.
.
;,," .;.
.'
."
EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant an amount not to exceed the total sum of THREE
HUNDRED SEVEN THOUSAND DOLLARS ($307,000) for services to be performed pursuant
to this Agreement. Consultant shall submit invoices monthly based on the cost for services
performed in accordance with the Exhibit "A" cost estimate.
The total sum stated above shall be the total which City shall pay for the services
to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum
for any expense or cost whatsoever incurred 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 Manager 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 without
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 and all claims for damages or compensation arising under this Agreement..
Consultant shall maintain adequate logs and time sheets 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
02108/99
/'::
.,.
-;
EXHIBIT C
.
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the fufonnation in possession of City. The loca~ion, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated-to furnish any facility which may involve incurring 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
02/08/99
.
.
.
I ~/
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of Consultant's engineering services rendered
pursuant to this Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS; ETC. Consultant represents and warrants to City that he has all
licenses, permits, qualifica~ions and approvals of whatsoever nature which are legally required
for Consultant to practice his profession. Consultant represents and warrants to City that
Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his profession.
3.
TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's bid.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
Exhibit D
Page 1 of5
02/08/99
-' -
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. If commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit 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 limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1 ,000,000 per accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials and employees; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
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
cover~ge shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b) The Consultant's insurance 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 it.
(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 of5
02/08/99
.
.
.
.....
:::--
,. -::.....
---'
.... .~...
(d)
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(2) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
(3) Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by the
City to adequately protect the City against 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 required 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, return receipt requested, has been given to the City.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VIII.
F. Verification of Cov~rage. 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 insurer 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 insurance 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.
CONSUL T ANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, 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 of5
02/08/99
....j ,..,
c.-"- ".
,.
~.
"
6.
ASSIGNMENT PROHIBITED., No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation .
pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon
. receiving notice from 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 observed 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 ne,.gligent 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 kind,
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 own
fraud, willful injury or violation of law whether willful or negligent. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a
construction contract. By execution of this Agreement Consultant acknowledges and agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
consideration. ,!
--'l'"
Approval of the insurance contracts does not relieve the Consultant or sub consultants 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 all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
11.
DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Consu~tant
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 of5
02/08/99
.
.
.
;LJ;
J ~;-;.,
.:/ ;' V'" .:/
j
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
Exhibit D
Page 5 of5
02/08/99