HomeMy WebLinkAboutItem 4.12 AssocRightofWaySvcs (2)· ' CITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 20, 1999
SUBJECT: Approval of Appraisal Consulting Services: Eastern Dublin Facility
Impact Fee Study Update
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED: 1. Resolution approving agreement with Associated Right of Way
Services, Inc. (ARWS)
2. Consultant Agreement
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RECOMMENDATION: t~0 Adopt Resolution approving agreement for appraisal consulting
services for Eastern Dublin Facility Impact Fee Study Update
FINANCIAL STATEMENT: The proposal includes appraisal services to be charged on a lump
sum basis with a budget of $16,000 for the Facility Impact Fee
Study Update. The cost of these services is being paid for through
. Eastern.. Dublin Facility Impact Fees.
DESCRIPTION: The City has previously adopted the Eastern Dublin Facilities
Impact Fee to pay for common facilities, including parks, required for the development of Eastern Dublin.
These fees must be periodically updated for three reasons: 1) the valuation of properties in E~tern
Dublin has increased due to do¥elopment and utilities extending to the east; 2) the cost of construction has
been increasing; and 3) the actual development densities and uses must be matched with those assessed.
This appraisal contract is critical for determining the current value of property in Eastern Dublin to
insure that there will be sufficient monies to purchase land and right-of-way for parks as needed for
development. The Valuation Analysis Report that was prepared by ARWS dated July 31, 1998, has been
used in current Facilities Impact Fee calculations.
This finn is familiar with the activity in Eastern Dublin and performed the valuation report currently
being used by the City. Staff has reviewed the proposal and believes that Associated Right of Way
Services, Inc. is competent and able to perform the scope of work necessary to update the appraisal for
the Eastern Dublin Facilities Impact Fee Study that they originally prepared in July 1998.
Staff recommends adoption of the resolution approving the agreement with Associated Right of Way
Services, Inc.
COPIES TO: Associated Rio~tht of Way SerVices, Inc.
ITEM NO.
g:\en~,r\assocrw\agst_ar~ s 20Ju199.doc
update appraisal to the EaStem'Dtiblin F~icilities Impact Fee Study that they originally prepared in ~uly
1998.
Staff recommends adoption of the resolution approving the agreement with Associated Right of Way
Services, Inc.
2
RESOLUTION NO. - 99
A RESOLUTION OF.THE CITY COUNCIL ~ OFTHE CITY OF DUBLIN
APPROVING AGREEMENT WITH'ASSOCIATED RIGHT OF WAY, INC.
FOR UPDATE OF VALUATION ANALYSIS REPORT SERVICES
WHEREAS, development in Eastern Dublin necessitates improvements of common facilities,
including parks, in that area; and
WHEREAS, said improvements in Eastern Dublin are funded through the Eastern Dublin
Facilities Impact Fee; and
WHEREAS, a periodic Update of these Fees is required due to an increase in valuation of
properties in Eastem Dublin and to insUre sufficient monies to purchase land needed for development; and
WHEREAS, Appraisal Consulting Services have been determined to be needed for the Eastern
Dublin Facilities Impact Fee Update; and
WHEREAS, the City desires to utilize the services: of Associated Right of Way, Inc., to perform
said Services and to perform an Update of the existing Valuation Analysis Report regarding said Fees; and
· ~"': WHEREAS, cost of this Report and Update will be paid throUgh the Eastern Dublin Facilities
Impact Fee;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the agreement with Associated Right of Way, Inc., for said services.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 20th day of July, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin,. California, as of ,1999, by and
between the CITY OF DUBLIN, a municipal corporation ("CYty"), and Associated Right of Way Services,
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 Ex.hibit 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, Consukant shall, at
its sole cost and expense, furnish ail facilities and equipment which may be required for furnishing
services pursuant to this A~eement. 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 A_t2reement. In the event of any inconsistency between said general provisions and any other terms or
conditi-ons of this A~eement, the other term or condition shall control insofar as it is inconsistent with the
~_~neral provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
5. SUBCONTRACTING. The Consultant shall perform the work contemplated with
resources available v,.-ithin its ov, m 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 A~eement. Such changes, including any change in the
amount of Consultant's compensation which are mutually a~eed upon by City and Consultant, shall be
effective as amendments to this A~eement only when in v,a-iting.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to
project for the duration of the project. There shall be no change in the Project Manager or members ofth¢~
02/24/99
project team without prior 'a~tten approval by the City. The Project Manager for Consultant shall be
David W. Simmons, Jr..
9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or
his or designee.
10. NOTICES. Any written notice to Consultant shall be sent to:
David W. Simmons. Jr.
Vice President
Associated Ri_~ht of Way Services. Inc.
3496 Buskirk Ave.. suite i05
Pleasant Hill. CA 94523
.A_ny ~ritten n6tice to City shall be sent to:
Lee S. Thompson
Director of Pubtic Works/City Enginee{'
P. O. Box 2340
Dublin, CA 94568
ExecuTed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
By
Attest:
City Clerk
Associated Right of Way Sen,ices, I~. "Consultan
Approved as to form:
City Anorney
A~eement
Page 2 of 2
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Lee Thompson -- City of Dublin -- February 26, 1999
page 2
Scope of Services and Budget Estimate - February 25, 1999
Valuation Analysis Report - Santa Rita Property
between Tassajara Creek & Tassajara Road
Exhibit "A" 1 of 2
1. Provide Restricted Report of Valuations in Area generally de£med as a portion of Santa Rim Property as shown on
Exhibit "E" being properties north of the 1-580 freeway between Tassajara Creek and Tassajara Road.
2. Basic assignment and valuations to be of vacant land only (no improvements) as if unsubdivided land and
reported as unit values, i.e. per square foot, etc. City to agree on spreadsheet format for restricted report of
valuations. All valuations to be only for the City's use in developing value range for traffic and facilities impact fees
and developer credits. These values are not intended or qualified for property acquisition appraisals. The report will
contain new data as deemed necessary, including sales data of comparable properties and spreadsheets showing the
same categories of information for individual areas of valuation as shown in the report dated July 1998 for the Dublin
Ranch area, provided to the City. Acquisition appraisals can be provided at a later date, if needed as additional
services.
3. Appraisers Shall...
1. Visually inspect the properties.
2. Determine Zoning and Highest and Best Use, assuming m/nimum streets and utilities completed as shown on
attached plat of Santa Rita Property, September 1997, (Exhibit "E")
3. Review City General Plan designations.
4. Provide plat of Santa Rita Property showing designations of areas valued as shoxvn on the spreadsheet and
Exhibit "E".
5. Provide current County Assessor's maps of Areas and ownership fi.om Assessor's roils.
6. Define and Descr/be (briefly) each parcel or zone for valuation.
7. Ascertain from City any public encumbrances or future dedications.
8. Collect market data including broker discussions.
9. Use approved spreadsheet format as used in report dated July 1998 for the East Dublin, Dublin Ranch area.
10. Analyze data for value range conclusions.
11. Deliver assigned parcels by transrrfittal letter and spreadsheet summary.
· 12. Utilize restricted format for valuation report.
13. Meetings with City personnel in consulting activity (Maximum often (JO) person hours).
4. Work Plan / Methodology:
· The AR./WS Work Plan for this assigazment proposes an all-inclusive.and streamlined approach. Our goal is to provide
a consolidated report (spreadsheet of unit land values) to address the minimum of five (5) areas or parcels as shown on
the attached plat, Exhibit "E", and using a restricted appraisal format. The report will be a similar to the Valuation
Analysis Reported dated July 31, 1998 in the possession of the City for the East Dublin, Dublin Ranch.
5. Budget Estimate: (Lump Sum Fee_)
a. Study and Valuation Analysis Report $9,500
h. Schedule of Hourly Rates for additional consulting time in excess of ten (10) person
'hours, as Exhibit "B-2", is attached.
6. Schedule:
Delivery of Report -- Four (4) weeks from receipt of signed agreement and notice to proceed or September 15, i999,
whichever is later.
#Spropsl-dublin-propletl.docskd6/29/99
Lee Thc~mPson - City of Dublin -- February26, 1999
page 2
Scope of Services and Budget Estimate - February 25, 1999
Update of Valuation Analysis Report Dat'ed July 1998
East DUblin, (Dublin Ranch)
Exhibit "A" 2 of 2
1. Provide Restricted Report of Valuations in Area generally defined as Dublin Ranch (Exhibit "E") being properties
north of the 1-580 freeway, west of future Fallon Road east of Tassajara Road. Restricted report to be composed as a
supplement to and extension of the report dated July 1998.
2. Basic assignment and valuations to be of vacant land.only (no improvements) as if unsubdivided land and
reported as unit values, i.e. per square foot, etc. City to agree on spreadsheet format for restricted report of
valuations. All valuations to be only for the City's use in developing value range for traffic and facilities impact fees and
developer credits. These values are not intended or qualified for property acquisition appraisals. The report will contain
new data as deemed necessary, including sales data of comparable properties and spreadsheets showing the same
categor/es of information for individual areas of valuation as shown in the report dated July 1998, provided to the CiLy.
A.cquis.ition appraisals can be provided at a later date, if needed as additional services.
3. Appraisers Shall...
1. Visually inspect the properties.
2. Determine Zoning and Highest and Best Use, assuming minimum streets and utilities completed as shown on
attached plat of Dublin Ranch, 10/97.
3. Review City General Plan designations.
4. Provide plat of Dublin Ranch showing designations of areas valued as shown on the spreadsheet and Exhibit "E".
5. Define and Describe (briefly) each parcel or zone for valuation.
6. Ascertain from City any public encumbrances or future dedications.
7, Collect market data including broker discussions.
' 8~ Use approved spreadsheet format as used in report dated July 1998.
9. Analyze data for value range conclusions.
10. Delive~ assigned parcels by transmittal letter and spreadsheet summary.
11. Utilize restricted format for valuation report.
12. Meetings with City persormel in consulting activity (Maximum often (10) person hours).
4. .Work Plan / Methodology:
The AR/WS Work Plan for this assignment proposes an all-inclusive and streamlined approach. Our goal is to provide a
consolidated report (spreadsheet of unit land values) to address the twenty-one (21) areas or parcels as sho~vn on the
attached plat, Exhibit "E", and using a restricted appraisal format. The report will be a supplement to and extension of
the Valuation Analysis Reported dated July 31, 1998 in the possession of the City. '
5. Budget Estimate: (Lump Sum Fee)
a. If assigned in conjunction and concurrent With separate assignment for portion of S6,500
Santa R/ta Property east of Tassajara Creek. -- Valuation Analysis Report:
.Schedule of Hourly Rates for additional consulting time in excess of ten (1 O) person
hours, as Exhibit "B-2", is attached. .
6. Schedule:
Delivery of Report -, Four (4) weeks from receipt of signed agreement and notice to proceed or September 15, 1999,
whichever is later.
#Spropsl-dublin-propleL doc$ '~6,,~9/99
EXHIBIT B
PAYMENTSCHEDULE
City shall pay Consultant'a lump sum amount of sixteen thousand dollars
($16,000) for services to be performed pursuant to this A. greement. Cc;nsultant shall submit
invoices at the end of project based on the cost for services performed in accordance with the
lump sum cost estimate of $16,000 as outlined in Exhibit A.
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 pa3' 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 Aga-eement unless such extra service and the price therefor is agreed to in w'riting executed
by the City Manager or other designated official of City ~uthorized to obligate City thereto prior
to the time such extra sen, ice 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 ail claims for damages or compensation arising under this Agreement.
Consultant 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
fi.om the Finance Department of the City of Dublin.
Exhibit B
Page 1 of 1
02/24/99
Fee Schedule
(Effectire January. 1, 1999 through December 31, 1999)
Exhibit "B-2"
Confidential
· Consultation I Coordination Services $I 15 / Hour
· Acquisition Services ...... $75 - $95 1 Hour
· Appraisal Services - Relocation Plans Lump Sum
(Extra appraisal consulting at $130/Hour)
· Relocation Services $72 - $92 / HOur
· Ri~__2at of Way Technician - Project Tracldag $55 / Hour
· Administrative Support / Secretarial Services $38 / Hour
· Other Services as Bid or at Cost Plus 15%
Maximum Rate Charged
Rates are adjusted each calendar year.
All above rates and fees include direct and indirect costs as well as profit.
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 information in possession of City. The location, 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, Iong-distance telephone or other
conununication charges, vehicles, and reproduction facilities.
Exhibit C
Page 1 of 1
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EXHIBIT D
GENERAL PROVISIONs
1. IN'DEPENDENT CONTRACTOR. At all times during the term of this A~eement, 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 consulting 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 A~eement
2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has ail
licenses, permits, qualifications 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 ali times during the term of this
Agreement any licer~ses, permits, and approvals which are legally required for Consultant To
practice his profession.
3. TIME. Consultant shall devote such time to lhe perfSrmance of services pursuant to this
A_r,.,.ment as
o ,~ may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement..
~"~ 4. iNsU!;L~NCE REQUIREM-ENTS. Consultant Shall pr°cure ~d 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 Scor~e of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form nurpber 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.
E.'xl-fibit D
Page 1 of 5
02/24/99
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 ahd Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the CID', either the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials and employees; or the Constiltant 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
coverage 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 of 5
02/24/99
(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 ser¥ices specified in this Agreement.
(4) Ail Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either part},, reduced in
coverage or in limits except after thirty (30) days prior v,a-iuen notice by certified
mail, rem receipt requested, has been given to the CID,.
E. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
F. Verification of Coverage. 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 t~y
~at 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. CONSD-LTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authofi9', 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 CiD'
to an5, obligation whatsoever.
Exh/bit D
Page 3 of 5
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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 shalI be void and of no effect.
7. PERSONNEL. Consultant shall aSsign only competent persorm.el to perform services pursuant
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 ail 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. Ail instruments of service of whatsoever nature which
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first
class and wor 'km. anlike manner and conform to the standards of quality normally obserx'ed by a
person practicing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take ail
responsibility for the work, shall, bear all losses and d~'nages 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 oft he work, unforeseen
diff'~culties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant or of his subconsultant. Consultant shall indemni~,, defend and hold bare, less the
CID', 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 para,apb shall not be construed to exempt the CID', its employees and officers from its ox~'n
fraud, wSllful injury or violation of law whether willful or negligent. For purposes of Section
2782 of the Civil Code the parties hereto recognize and a~ee that this A~eement is not a
construction contract. By execution of this A~eement Consultant acknowledges ahd agrees that
he has read and understands the provisions hereof and that this paragraph is a material element of
consideration.
City shall indemnify and hold the Consultant free and harmless from and against any and ail loss,
liability, expense, claims, costs, suits and damages, including attorney's fees, arising out of the
project regulatory powers, instruction to act for their benefit, and any other matters which are the
usual province ancr responsibility of the City.
Approval of the insurance contracts does not relieve the Consultant or subconsultants from
liability under this para~aph.
10. GOVERNEhA'ENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shaI1 comply with ail applicable
rules and regulations to w,'hich City is bound by the terms of such fiscal assistance program.
Exhibit D
Page 4 of 5
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11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
"- 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
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 Mthout 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.
Ex.hibit D
Page 5 of 5
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