HomeMy WebLinkAbout4.07 I580/Fallon/CCS Plan
};
..
CITY CLERK
File # D~[Q]raJ-~[QJ
('
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 2, 1999
SUBJECT:
Agreement with CCS Planning and Engineering, Inc., for Consulting
Services: I-580/Fallon Road Interchange Project Report and
Environmental Document
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
Resolution Approving Agreement for the I-580/Fallon
Interchange . Project Report and Environmental Document
Agreement with CCS Planning and Engineering, Inc., for
Consulting Services.
2)
RECOMMENDATION: ~ Adopt Resolution
FINANCIAL STATEMENT:
The cost of these services will be paid by the developer of the
Jennifer Lin property, and there will be no cost to the City's General
Fund, The cost of the work is proposed not to exceed $388,423 for
preparation of the FallonRoadlI-580 Interchange Project Report and
Environmental Document.
r
DESCRIPTION: In April of 1998, the City contracted with CCS Planning and
Engineering for preparation of a project study report relative to improvements to the I-580/Fallon Road
interchange associated with the Dublin Ranch development. The cost of this concept study report is being
paid through developer contributions. The next step in the process is the preparation of a project report
and environmental document.
Approval of an agreement with Jennifer Lin for the funding of this work appears as a separate agenda
item,
Tasks included in the project report are: project management, including meetings with staff, local
agencies, adjacent property owners, and utility companies; preliminary engineering, including data
collection, performance of surveys, preparation of base maps and conceptual plans, and preparation of
cost estimates; preparation of a draft and final project report; obtaining approval of the project report from
Caltrans; and preparation of the draft and final Environmental AssessmentlInitial Study.
g:\engr\ccs\agstjaln 190ct99
TomWintch, the project manager with CCS for the previous project study report at the 1-580 Fallon Road
interchange, is also named in this agreement as the project manager for this work. Mr. Wintch was the
project engineer with URS Greiner for the improvements constructed by the City 'of Pleasant on on the
Hacienda/I-580 and Tassajara/I-580 Interchanges and is also project engineer for the 1-580/I-680 flyover.
As a result of this previous experience, Mr. Wintch is very familiar with the 1-580 corridor.
Staff recommends that the City Council adopt the resolution approving the agreement with CCS.
Page 2
,. - ~
..."f
...J
..J
6"'"
2.--~
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 inter-agency infrastructure are planned to be constructed as part of
the development process in Eastern Dublin; and
WHEREAS, improvements are required at the I-580/Fallon Road Interchange; and
WHEREAS, the City desires to utilize the services of CCS Planning and Engineering, Inc., to
prepare a Proj ect Report and Environmental Document 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 RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of November, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:\engr\ccs\reso JaIn 190ct99
TT/3\ C 1,,; )\{; }?:r< -~'
'. -=
-<:...\...-....._-""'.........1. ~~.._-
")- ~J'i
STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
..""",
THIS AGREEMENT is made at Dublin, California, as of November 2, 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
10/22/99
.:....
'. ." ....- 1.
. ~ ",-".~ ~ .: .
,-. . ".' ,
. ,.......... ....._. .__ 0" _e._..__..__"
..~..~- -."
,-. CO; )c
"J \)
team without prior written approval by the City. The Project Manager for Consultant shall be THOMAS
~\1. WINTCH.
9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S.
THO:NfPSON ("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:
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:
City Clerk
"'
~~D~
"Consultant"
Approved as to form:
City Attorney
Agreement
Page 2 of2
09/27/99
~ ;"":'j'
EXIDBIT A
SCOPE OF SERVICES A1."ID SCHEDULE
~
PER PROPOSAL DATED JULY 16, 1999, FROM CCS PLANNING AND ENGINEERING,
INC. (A IT ACHED).
....."
'--'
Exhibit A
Page 1 of 1
09127/99
5 &i IC
\) ....
SCOPE OF WORKIPROPOSAL - FALLON PROJECT STUDY AND ENVIRONMENTAL DOCUMENT
PROJECT DESCRIPTION
/r--
The existing 1-5801Fa!Jon Road - EJ Charro Road interchange is a spread diamood (Caltr:ms Type L-2)
with singJe lane ent:rance and exit ramps. The existing ramp intersections with El Charm Read - Fallon
R03d are ~...op controlled while the tr:L"':fic 00 EI Charro Road - Fallon Road is uncontrolled. Tne prese:1t
interchange works well in serving tbe e:-Jsting land uses which consist prnnanly of qU~j operation~
low density residential :md agricultlIr.1I. Present development pJaIlS~ along with future plans for
commercial and industrial services. jo the are:! wi1I reauire an iOCrease in intercn:m!2:e c;luacitv in orner to
. ~ - .. ..
serve the g..rowing demand? while maintaining safe and efficient traffic operations. Tne e7.isting I-
580/FalIon Road - El CI1arTo Road interchange is located ~JIin the spheres of infJuence of the Cities of
Dublin, Ple3santon and Livermore and Ab.lIl.eda C~)Unty. EJ Ch2JTO Road eh"tends south of the
interch:m!2:e a..,d actS as the boundary between the Cities of Pfeasanton to tie west and Live:more to tbe
- - ,
e~. F all on Road ex-..ends north of the interchamze .md is located ",,-ithin the City of Dublin.. Alsmed.a
- -
County is a property owner adjacent to the project. The interch:mge is under the jurisciic::ion of tile
California Depa..-tment of Tri1llsportation (C2.ltrans), therefore t.~e Projed Report and ErrvironmerJt3.I
Document wiH be processed for both Caltrans and Federal Highway Administration. (Fb"':"WA) approvaL
Tne proposed T-5S0lFallon Road - EJ Charro Road Interchange modifications are a!lticipated to be
constructed in four st:ll!es - Interim.. StaE:e J. St.:!.2e 2 and the Ultimate.
. - . - , -
TI1e Inte:im project will construct jnter:se:::tion improvements at the existing r.LJ1.p termini and signaiize ,
tbe rnmp termini inteiS~tions. It is expected that these "interim" improvements win be processed unae;-
a Permit Engineedng Evafuation Report (pEE...1Z).
/,r-"
Tne Project Study Report (PSR) is pr:scntfy generating and <mafyzing the year 2005 traffic, and in
conjunc.:ion with this traffic analysis, is determin.ing the appropriate Stage 1 impjQveme~ts. Three Stage
1 inte;-chan!2:c modification alternatives Me beine investiE:ated as described below:
- - -
1. IHodiiy the Existing Diamond Intercb:lnge - FaJIon Road - El Charra Road z.na tie existing
cii3mona ijj.te:rchange (CaItraIlS Type L-2) Tamps would be widened to accommodate the Year 2005
tr:>..ffic. Tne j1.lterse~ions ofFaJ1on Road - EI CharTo Road and the termini oftbe orr-i2JJJpS would
be signalized.
2. Modify the Existing Diamond J.nter:c;h::mge 'l'Vith a Single Loop O~-Rsm.p in the Southwest
Qnadr:mt - FaIlon Road - Charra Road and tJ1e existing diamond interchange ra.-nps would be
modif.ied as noted in Alternative 1 with the addition of a twg Jane: (one mL"Ced flow lane with d.JJ
HOV by-pass) loop on-romp ror the southbound Fallon Road to eastbound I-5S0 movement. The
inclusion of the loop ramp eliminates the need for the southboun.d Jeft turn lane(s) at the si~aiized
inrcrsection at the eastbound 1-580 directional on-ramp te'!71ini.
3. Provide a Parti:ll Cloverleaf With Loop On-Ramps (C:lltr"..lns Type L-9) - Modify the e;v.Jsting
diamond interchange to a partial cJoverJeafwith loop on-ram.ps (Caltrans Type L-9) in the southwest
and norJJeas! quadra.,ts. Both t"1e eastbound and westbound loop on-ramps will be two Janes (one
mixed flow Jane wj--c.h an HOV by-pass). Tne incJusion ofth.e loop ramps eliminates tiJe need for the
left turn lane(s) at the signalized interse~tions at the ral7ip termini.
~
In ali Stage I alternatives, the existing overcrossing wiJI be widened approximately 8m' (26 feet) and
rcstriped to rour bnes. Also, the intersections of Croak Road and Friesman Road will be ~onfigured to
J-580IFa//on Road Jr.Ier:::hang;r
Project R~port & Errvironrr..enta/ Documell1
I
CCS Planning &: E:-:gfnuring. Jr.:::.
July 16, 1999
b 0' -)<:...
;) v
ac::ommod:rt.e the widened FaIIon Road - EI Charro Road; however it is not presently ZIIricipated that
these inte:-sedons will be signalized. No auxiliary lanes are anticipated in Stage 1. Potea~j2.1 acquisition
ofright-of-",,":rY in the northeast and southe2St quadrants of the interchange is anticipated in St:!ge 1.
......,
Tne Stage 2 improvements wiIl fur-iller rnodif"r the S~~ 1 Intep:hange. Tne extent of the Stlge 2
modi:5cations is dependent upon the Stage 1 alternative chosen. Howe"J"er: respective of the Stage I
alternative chose~ Fallon Road - EJ. Charro Road wIU be widened to a six-lane ar..eriai with OD.e
additional lane in advanc: or the direc+JonaI on-ramps. AdditionaIly, there is a fourth tlrrougb Ia.Jc along
. FaIlon Road from the interse::'"Jon termini of the westbound off-ramp no)..o. to Dublin Bouleva.-d.. S~e 2
wiIJ provide. for a new four bne nor..hbound overcrossing with the fourLb. northbound la."1e used
exclusively for the westbound loop on-r:unp. As a result of the additional northbound Janes and the
weStbound two-lane loop rarnp~ the westbound o~-ramp wiJl be reconstructed.. Tne directional on. and
orr-r.mJos wi1l be widened as dictated bv the traffic analvsis. Also in St.:!2e 2. anxiliarv lanes alonE: 1-580
. -", - . ...., -
will be completed/constructed. The reJoc::.rion of Croak Road and Friesman Road are not consisterlt wj~h
the Gene;-aJ pran, so consequently :viII not be included in Liis scope of "WDrk. WiDi tie Stage 2
improveme~ts1 right-of-way acquisition wilI be required in the norj,east quadr:mt.
Tne Ultimate intercnan.ge improvements are simply the St2.ge 2 improvements tying into a,"1 I-5S0 cross
section mar is comprised or five lanes in each direction and BART in the median. The UJtim:1!e
improvements an: anticipated beyond Year 2025 and are not addressed in this Project Report and
Environmental Document. Ple2.Se note in the di.scussion below that t;e FallOJJ Road overcrossing ::..,d the
rnrnu aiiE:11ments in Sta!!es 1 2.."'ld 2 are be~ng desjmled to accommodate the ultimate condition. In the
~ - -. - -
case of the ra..A1p alignments, they are bemg geornetricaIly tied with compound horizontaL c~'rVes to the
appropriate cross section on I-5S0. Consequerltly, design work associated wiGi. tt;e ultimate
improvements 2re included 1n this Scope of Work.
'...",
I-5S0 is presently four lanes in each direction. Ultimately 1-580 wi1I be five lanes in e:lCb ciire::~ion with
BART in t.1e median. BART requires 20m bet>'oleen inside edges of travefed way. The Failon Road
over-crossing wiIl be' designed to span. the ultimate I-SSO with five lanes in each direction and BART in
the mcdia.""l. All the ramps wiTT be design.ed for the ultimate condition and wi1I use compound C""Jrves to
tie the r.!mp aHgnments into the approprizte 1-580 lane a...-angcmeDts. It is assumed in this Scope or
Work that 1-580 is four Janes in each direction for Sta!!es ] and 2. Only the ultimate inte;-cnano-e
- . ~
improvements 2Ssume tJlat I-580 is fIVe lanes in' each djr"'~tion with BART in the median of 1-580. Tne
improvements for the ultimate interchange (lO lane 1-580 and BART i.n the median) are not addressed LJ
this Proiect Re:;ort and Environnient<!I Document.
# ,
Tne CCS te:mJ has been charged with the development and processing of a Project Report and
Environrne:ltal Document for this project.
PROJECT TEAl"\-!
Tne project team. is the same that is developing the Project Study Report (PSR) for this project and is
comprised of the foHowing finns:
· CCSPJannmg and Engineering, 111.c- - Prime Consultant, civjl engineerinE:, utiIities. eoncc...t<.!<ll
s"..aged conStrUction deYelopment, prepare Project Report - - .
· HQE - CivIl engineering
'.."""
1-5lJOIFallon Rocd lr.urchar.gr:
Project &pcr! & Er..dror.m"!r.ial DfXumenl
2
CCS PIar.r.ir.g & Er.:;ir~<!rir,g. lroC.
.J;Ji.v j 6. 1999
,r,
( .:.;; i-
t)
.
/~ .
.
.
.
.
David J. Powers & Associates - Environmental technical stud.!~S, prepare Environmental Docume:1t
TJKM" - Traffic forecasting,. prep:lTe traffic technical studies .
ParikJ, Consultants, Inc. - Geotechnic:t1 studies for Project Report a.,d Environmental Document
Sverdrup Civil, lnc. - Modify Bridge Advanced Planning Study. if necessary.
WREeO - Hydroiogylhydraulic studies
MacKay & Somps - Topo~phic mapping: surveying. right-of-waYe=Jgineering
TASK DESCRll'TIONS
The detailed scope of work below provides a des;::;ription of the various tasks ofworX to be pe:formed by
both the City of Dublin (CITY) and the CCS proje:;t team (CCS), with the individuai respcnsibiIities
noted. As mentioned above, this same CCS team is preparing tile PSR for this project a,.,d win utiii7.-e the
materiais, information and studies developed for the PSR to their fuIles! possible eX:e;;t ;n the
develoomem of the ProTe:::t ReDort and Environmental Document.
} .J. .
TASK I. PROJECT MANAGEM:ENT
CCS shall perform. the foI1Q'\.ving administrative and management functions necessa..-y to com?lete the
Project Report (PR) and Environmental Document (ED):
A. Project Aaministration
Proje~t administration activities wiJ] indude:
· Sllpe;VYSe and coordinate the project work
· Maintain monthly project scheddes a,id budge!S
· Prepare monthly progress reports
· Supervise, coordinate and monitor project development activities for COnIOffi1...:1!lce "'With
C2.1trans' standards and policies
· Setup a.i"iQ maintain projec: fij es
B. Meeting At""L2nd3Dce and RepQrting
Attend meetings as scheduled and required. CCS wHl prepare and distribute copies of agendas in
adv:mce of the mee"'Jngs and prepare minutes as a.ppropriate. The following ty-pes a.,d numbers
of meetings arc included in this scope:
Proiect Develoumeit.l Team lvfeetin'Zs
Attend Project Developm.ent Te3JIl (PD1) meetings. It is assumed that there ",'ill be montb.Jy
PDT meetings. Tne project duration is anticipated to be tw'dve months; consequently, it is
anticipated that !bere wHl be 12 PDT meetings.
Pro)!ress RelJort Meelimzs
Conduct Progress Report Meetings with CITY's staff. it is assumed !bat there wiIl be monthly
CITY hogress Report Meetings. Tne project duration is anticipated to be tweIve months;
consequently, it is :I.l1ticipated that there wilI be 12 Progress Report meetings.
J-58f)/Fcllon Road jnJ~rdumge
Project &pOH & Er.vironmental Dm:"Jmcr.t
3
CCS Planning & Engh~'erfJ1g. Inc.
';'.J~v 16. 1979
Obtain Local Agenc-" Inuut
CCS will identify local entities that may be hlteieSted in the proje::t and provide their feedback to
uie PDT. Two meetings with Ioca1 entities wHl be held to discuss seoping, is:mes, a:,d project
fe:l1.-u..-es. CCS wiTT summarize the results or these two meetings in 3. memo provided to the PDT.
Adiacent ProrJertv Owners Meetmrz
Tne intent of the Adjacent Property Ovmers Meeting will be to review known proj~ constraints
in the initial S""~es of the project, solicit addition;!] constraints/input from commu...,ity membe:-s
and prop~ owne:-s (in pa..-ricul3r the guarry owners)~ discuss and solicit input en tie preferred
alternatives and alternatives that have been developed to date, discuss addirionai ajtematives or
modifications that the meeting may generate and review tbe project schedule. It is estimated
only one Adjacent Property Owners Meeting wiIl be held and that CCS's invoive:n~t wiiI be to
prepare pres---nt:ltion exhfoits and present the project.
Utiiitv CmrJ7tmV lyfeetin'Zs
Conduct and attend meetings with utiTity owners to determine existing utility locations, potential
cOf'.fl.icts and possible reJocatioT'..s. If utility relocation is necessary, then fur..hei discussions wiI(
also include who wiJJ perform the engineering: compensation if appropriate for the e:Jgineering
for the rdoc.TJon design and funding aI"I'<L~geme41ts for the actual rdocation.
LrJ"lir.. Ciiv Council Meetin'Zs
Tne rea;iJ will assist CrTY staff in presenting thjs project to the Dublin City Council including
the preparation of meeting exhfoits. For budget pUT?oses, two City (oundl meetings are
.. .
antI cj.pateo.
Comment Resolution Meetine: on the Draft Proiect Re!Jort ond Drafi EJiVirrmmentc:l Document
.....nth the CITY cmd Caltrans
A rneeti.'g wilI be held to resolve comments iCceived from the City ofDubjin~ Caltr.!r...s and othe:-
r;viemng agencies on the Draft Project Report :md Draft Environmental DocumCit.
TASK IT - PRELThIINARY ENGTh"EERING
P:eiimmarv Engineering activities wiIl include:
"' - -
..\. Data CoIJec:ion
Additional data will be colIectcd (beyond that already accomplished in the PSR e;;:"crt) 2.J"1d
r;:yjewed including th.e following:
.
As-buiJts
-0:.... d.'
.!"\.JgJJ.r-ol-way reeor ar:lwmgs
Utility ~ord drawings
Geotedmical Reporr-s
Development phms of adjacent propertif:s in process with the CITY
.
.
.
.
f-580IFc//on R/Xld Jr.:erd:angt:
Prcj3c: Repr;rt &: Er.lircnm::ntcl Do::;:/men(
4
CCS Pic.-:rJr.g & Er.g:fneerir.g. inc.
J:C("l16. 1999
')
,)
.! 1u
~::)
....."",;
....,
....,
q 06 )- 1
.-'
All clara reouested wiiI be logzed wit; the date r~es~ed. who the data was reoueste:i from. tie
. -- ,... .,
date a....tticipa'ted to be received and when the da.ta was actually received.. The <L-ta log will be
distributerl at each PDT meeting.
B.. PenQrm SIIrve~-s
Control surveys (both horizontal and vertical) wiII be performed for the foHowing fuciHties in
anticipation or preparing engineering dr:lwings:
· 1-580
· lnterch:mge ramps
· FaIJon Road
. EJ Charro Road
. Frontage roads (Croak Road :md Friesman Road)
Tne conversion of the existing freeway, ramp and local street control Jines from NAD 27 (1927
datum) to NAD 83 (]9S3 datum) metric will be by accomplished by survey.
C. Refine Tr:afiic Operational ..:\..ual:rsis Report (if necessary)
01e tratJc operational analysis that was prepared as part of the PSR will be revkwed, adjusted if
necessary to reflect any recent revisions to the project and summarized in a te::hniC21 report.
Tnis traffic data will also be used as input into the noise and air quality tedmical srudics.
D. Prepare Geamet,-ic B2semaps for the Preferred Alternative
Geometric Basemaps for the preferred alternative (as determined in the PSR) for Smge I, Stage 2
.mo tie Ultimate improvements wiJI be developed at 1: 1 000 scale on topographic bse:nappirig.
TJJe control Jines fer I-S80, the ra..'7JpS, Fallon Road and all otIlcr impacted roads wi1l be
c.:ricub!eO. by geometrically tying to the e:dsting slIrveyed roadway control lines. A.li potential
r~.2.injng and sound ,,-C!l1s (2..'; noted in. the Environmental Document) wiIl be she-;:,.w on the
Geometric Basemaps.
Tne vertical ali!mment or all these roadway facilities wiH also be calculated. t:...jj1g to t.1)e
- ~ .. -
. surveyed roadway profiles. Repre~-ntative Typical Sections wHlbe developed for I-SSO, the
r.:r..-nps 21ld FaHon Road - EI Charro Read. These Geometric Basemaps will also pro\-1c.e the base
for a.i"lY public information meetings.
E. Prepgre a. Conceptual Staged Construction Plan
A conceptual staged construction plan will be developed at 1 :2000 scale to ensu;-e that the
proje=t is constructable and to determine any additional right-of-way needs tbat will be regt:i~d
as a result or detours, etc. Tnese conceptual plans wiIJ nor be a pa.-t of the formal Projed Report
su bmittaL
;~
]-5.JOIF"allrm Road ]nt(!r=hang~ .
Pref:=t Reper: &: Etr.lfror.r::enfai Docum~n(
5
CCS Planning & E.7gi'-.J:~.-ing. Jr.:.
J...tfy 16.1999
10 6b2~
F. Develop Highw:IY Phnting Design Concept
A Highway Planting Design Concept wilJ be developed for those a..-cas that \Viil be disturbed by
construction of the proposed project.. TI1e Planting Design Concept will be deveJoped in
accordance with Caltrans guidelines ror plant selection, safct"j criteri.:l: rna.7tte;;;:u;ce cr::ite..-1Ll.:
density and cost considerations.
'~
G. R~ssess Utility ConfJjcts
Based upon the review of the utiIity record dr2wings and m.eetmg with the utiiity companies~
poterlti:I.l utility conflicts will be identified and conceptuaT relocations for confjjc:s ...viiI be
developed. TIlis will be developed in order to refine the construction cost estimate and ng..i:Jt-cf-
W3.y requirem.ents for the proje~t.
H. Update lYIatenaI Informanl)n (if necessary)
Tn:: M:rteriaI Info~ation wiH be modified, as n~es5ary~ to reflect changes in the pmje:=t.
I. Update GeotechniC3J Information (ifnecess:try)
Tile Geot~hnicaJ Information wiH be modified, as n~~S53J)'"~ to rerlect changes in ti're proje:t.
Field ir.vestigations, laboratory tesdng and engineering anaZvsis will not be included cs a par: of
this work.
J. Modify Ady:mced Planning Study (if necessary)
~
Toe Bridge Advanced Planning Study -..viII be modified, as necessa.)': to refJe~ changes in the
project. Tnc construction cost wiII be adjusted as appropriate.
K. Perform Vs.Jue An~l:rsjs
A Value Analysis wiIl be p:::formcd on the project in conjunction with City and C~tr-cllS stiffs to
review design benefit/cost effectiveness. Tne results of the Value Analysis ;viII be S"1J..!!1marized
in a let"'~r report and presented first to the City <Lid: upon incorporation or ::L1Y City rev!sio;;s~
wiII then be traI!smitted to Caltr:ms ror their review <Ind acceptance.
L. Perform Constnzct:lbiIity Review
A ConstnrctabiJity Review will be performed to ensure that the project as envisioned can be
cons""..mcted in a cost effective manner. The results of the ConstructabiIity Review wjJJ be
sll..'11marized in a letter report and presented first to the City and upon incorporation of a.ryy City
revisions, 'wiJI then be transmitted to CaJtrans for their review and acceptance.
....,.,
J-5/30/Falhm Road /ntf!,-r:hange
Project Report & Err,lironr..el1fal Drx:JT7".e.-:/
6
CCS Plenning &: Er.gfr.uring, inc.
h~-; /6, 1999
! t 6(~):
M. Review and Update the Rigbt-Qf-w'ay Data Sheet
~
Tne right-of-way requirements for the project will be reviewed in light of more detailed
infonnanon on the project including the conceptual s::aged construction .plans, utility ;:;:Jocations
a.jd any environmental mitigations. The Right-of-way Data SJ1~t will be updated as
appropriate.
N. Prepare!Upd:lte Cost Estimate
The cost estimate from the PSR wi1l be updated to reflect cha."g'~s in the project a,jd the more
detailed information provided in the Project Report and the EnvironmentaI Docu;;;erit. It is
assumed that Caltralls estimating procedures wi1J apply. Right-of-way cost esrima:~s wi11 be
included based on typical land value data provided bye2ch oftbe affected Ciries.
o. Prepare Fact Sheet for Exceptions to Design St:mdards
Fact Sheets for non-standard mandatorY and advisorY desi!ID features from the Hizhwav Dcsj!m
... ... - - - --
MGJJuaI will be prepared to obtain approvaf of these non-standard features by CaItran.s.
TASK ill - PREPARE DR-UT Ai'lD FL.'i..\L PRO.TECT REPORT
~
A. Prepare Dr:1ft Project Report (DPR)
P,oject Repor-l.S are used to aocume:1t the need ror a t.-:msportation proje:::f:: to summar;ze the key
points from the Environmenul Documen'L:- to summarize the scope. cOstS and ove:alJ impacts of
the alternatives: to recommend a preferred alternative and the basis of that recornme;}cation 2.Jjd
to document Caltra,"1s approval or the recommendation. TIle Project Report wi1I be prepared in.
accordance with Caltm.js guidelines :md will address the foHowing:
· TJJ.e Recommerll:iatjon.
· Background
· Need 3JJ.d Purpose
· Alternatives
· Considerations Requiring Discussion
· Other Considerations as Appropriate
· Programming
· Reviews
· Project Personnel
· List of AttacJlments including Costs
B. Snbmit DT.3ft PR for Review
It is expected that CCS wiII prepare one pre-DPR to be submitted to the CITY and Calt-arlS for
preliminary review 3Jld comments. After revision. the DPR with Fact Sheets will be cjr~uJated
to the CITY, CaJtrans, Fh"W A. and OtJ1C!' appropriate entities for review and comment. The
foHowing is a list of me reviewing zgencjes and the number of copies that will be provided:
1-580/Follor. Road Interchange
Projl!Cl R{!porl & Er..I/ronmc'mJa! DOC-.l.m!:.".!
7
CCS Plcnr~ing & E-;zfr.r:r:.-ing. iroc.
July 16. 1999
[1- <rl)-. C
\J
AGENCY No. of Cooies
CITY (City of Dublin) 3 ......,
City ofPleasantoIi -
~
City of Livermore ~
Alameda County .,
~
Caltrans 5
Frl'W A 3
Zone 7 1
BART 1
Developer 3
Tot:lJ 25 copies
C. Resolve Review Comments I Finalize PR
Upon review of the comm.ents received and after discussions "vith the ClIT, CCS wjjJ set up a
me-=:ing with the CITY~ Caltrans. Fh"," A~ and other parties making signific2.!i! comme..!S, to
disc:.lSS the comments a"d r:::sch resolution of the concerns. Minutes of the rrJeermg,
documenting the resolutions reached., will be prepaj"ec and distributed by CCS.
Based upon review comments received and resolutions reached, CCS wii! prcp:!J~ t~e Fir:al PRo
D. Obt2in Caltr:ms District Approval ofPR
'...,I
T:je Final PR wiII be submitted to the CTTY 2nd CaJtrans for approval and the following
age:Jcies for information:
AGENCY
CITY (City of Dublin)
City ofPlea.~ton
City ofLiverrnore
Alameda Count:--'
Caltrans
FrlW A
Zone i
BART
Developer
No. of eooies
~
.j
...
::J
3
25
1
1
Total
3
43 copies
It is cx~ed that one submittal of the Final PR wiIJ be made. Upon approval of the FhJaI PR
from CaJtr2.ns, each of the affected Cities wiJJ approve the PR by action of their respectIve City
Councils. Approval or the PR authorizes the CITY" to proceed, if they so desir:;, with prep2J.ltIon
or the Plans, Specifications and Estimates (PS&E).
....."
1-5S(]/Fallt;r. Read In:erchang~
Project Rf.!por: &: Er..:iror.mu:ta! DOC".Jrr.::r.r
8
CCS Planning &. E."1gir.errring. ir.c.
J:d,.v 16. 1999
.... (
\, ch"
TASK IV - PREPARE DRAFT k~J) FI~AL EMS
r-.
It is presently en.visioned (oased upon the PSR effort) that a combined Environrnerrta!
AssessmentfInitial Study (EA/IS) will be prepared to eval~te the proposed. irrte:ro:hange
improvement project. Tne EP./IS will be consistent ",ith the J:-/'EP A 2.11d CEQA GuideIines. It is
anticipated that the EMS wi1I le:!d to a Finding of No Significant Impact (FONSI) under NEPA
and a Mitigated Negative Dedar.ltion O'I""D) unde:- CEQA.
Ac:ivities for preparation of the Draft EAIlS wiIJ i1lclude;
A. Data Collection.
Additional data wjJJ be coJIected (beyond that already a.ccomplished In the PSR effort) and
reviewed including the following:
. Environmental Documents of existing facilities, adjacent projects~ etc.
. Other materials as required
B. Perform Public and Agency Scoping Process
Tne team wiTT first meet with the CJ1Y, then with the other impacted jurisdictions to de!e=wme
and verify the scope and limits of the environmenta! investigations, based upon tbe proje~
alternatives 2Jid the preferred alternative developed in the PSR.. A workshop wIn be hdd to gam
public input into the project, the scope of the environmental investigations and othe:- input as
3.ppropriate.
Tne tea."J1 wiH take a very proactive spprcacn to obtaining input and approvais from the
environmental regulatorv al2:encies and Zone 7 - Alameda County Water Conservation and Flood
- ., -. '"
Conn-of District. T.ne te3.m expects to attend tlNo meetings with the involved enVIronmental
agencies including Zone 7. TIJe purpose of the first meeting. a site visit, wiIJ be to discuss the
potentl.=.l impac+..s, the area of potential impacts, potential mitigation scenarios a!ld otber
issues/concerns that the regulatory agencies or Zone 7 may have. Tne second meeting will focus
on conc1usions of the technical stUdies, the proposed mitigation measures 3..ijd the proposed
Mitig.ation Monitoring Plan. (See Task rv - D)
C. Prep~re Draft EAJIS
Tne Draft EA/IS wiJI include relevant background information on the project sire and a general
description of the proposed interchan.ge improvements. Maps, tabIes and appropri2te graphics
will be included to describe the characteristics of the project. Tne project description wiH also
disCQ<:;s the project objectives and wiH mclude a section describing the consistency of the project
with reJevant federal, state and local plans.
TI1e EMS wiII include an overview of the environmental set"Jng of the project site area,
induding a description of existing surrounding land uses, as we11 as the local geologic, drainage
and flooding, ha7..aJdot!s materials, bio!ogical, cultural resource and visual 2Jid a~hetic
conditions.
1-580/Falfor. Road interchange
Projf!c: Report & ;.lrcnmr:r.tc! Docume.'"U
9
ccs Planning & E."7g:nt:"r-fr.g. Inc.
.lu!:.r ] 6. 1999
\~
Gi j., ':..
'""'
'J
Tne EAJIS wiiJ include a completed envlronme;1ta! checklist from the Caltrans Environmental
Handbook. Tne checklist will be used to identify pote:1tial1y significaJ"1t impac""..s resulting from
development of the project.
..""",
The EAIIS will include a discussion of potentially signific:mt environmental effec-..s that ",-iiJ
result from the proposed project The EMS wiII address all issues in the checklist as necessary.
However, b2.Sed upon field surveys, the site visit with the regulatory agencies, our UT.lC::.., s~ding
of the project and our experience on similar proj~..s. it is presently anticipated that S"Jostal1tiaI
discussions wiH be ne::zssary in the following are:as:
. Land Use - The EAfIS will describe the surrounding land uses ana describe ~Otential 12.:.d
.~ .
use conflic+..s resulting from the propo~ed interchange improvemenr. project on S"'u;;vunding
uses. Mitigation me3Sures mil be identified. if warranted, to mitigate significant land use
impacts.
. BioJOQic::U A..'t5e5sment - A bioJo2:icaI assessmcnt ml1 be reQuired to identirf the bioioveaJ
.t::" - ~..-
resource impacts of the project. The CCS tesm will prepare a Natural Environment Study
eN 1:.5) assessment of the inte:-change area to d:sclose impacts. if :l;jY. upon any c:1dangered
species or jurisdictional habirat. Tne foJJowing specific tzsKS wiJI be pe:formed in
association with the ]'IES:
.;. Backgrowzd Review/Data Search - Toe bjoJogi~..s wi11 review the proje::t preIirnina,-y
design as welI as otber pertinent project mate;"ials. A data searcb wil1 then be per.formed
on the nearest knoVvll location of specIal-s--...atus plant and animal species to tIre site.
Exisri.1.g sou..-ces of information wiH be reviewed, sumrn:rri7..cd and cited ~ ai-'!",ropriate. """""
Sour::es or information wi11 in dude, but 2TC not limited to, U.S. Fish 2."10 Wildlife
Services (USFWS), National Wetland Inventory (NWI) Maps. CaIjfcr7l:a Naron]
Dive7siry Data Base (CNDDB), species dara compiled by the California Native Plant
Society (Cl'I7S), the Nationa] Audubon Society, other public interest groups, <Ljd
resour:::e agency ciata such as obtained from the USFWS, California Depa; l.me:1! ofFish
and Game (CDFG), etc.
.:. Conduct Field Sun:ey~'j - Tne bo~iS""lS and wildlife biologiSt wiIJ visit the proje:::t area
and conduct reconnaissance level surveys; During the surveys t.iJe project are<!-~s tiora
a.1Jd fauna will be appraised, species lists- compiled: proje:::t impacts assessed aDd a
nabit3.t map dra.."l1 to show the extent and location of the primary habitat types.
.:. Wetland Delineatitm Technical Assessment - Tne wetland scientists wiD conduct aD
assessment of areas that fall within the jurisdiction of the U.S. .Av-my Corps of Engineers
(USACE). Tne USACE regulates actiyities oyer Waters of the United States: which
includes wetlands: under Section 404 of the Clean Water Act (1972) and the Rivers and
Ea..-bors Act (1899). Tne project site wiIl be surveyed for wetlands ti3t m~. ce;win
tedmical cri~.1. In the event that wetlands occur 00 the site, 2. routine on-site
delineation of such areas wiJJ be conducted. This level of effort will reauire the
coIIection of data in the field relative to vegetation, sons and hydroJogy in. 'order to
document site conditions. All work wiH be completed according to me-"JJodo]og:ies
outlined in the USACE Wetland DeJjneation Manual (Environmental Labora:rory 1987)
......"
J-580/Fa//on RtX1d in1er:hang!!
Projt;::r RepQr1 & Em,jronr..znt;:;[ Doc/ment
JO
CCS Plcrming & Er.g:"r.e!!ring, Jr.::.
J:dy 16, /979
15 6b .v'\
,r----
a..,d will be conduc:ed at a level of effort sufficient to pe.rUlit verific:!!ion of the
delineation by staff of the USACE. The Wetlands Assessment report wjIJ be prepared
in the Caltr:ms' format. A verification visit with the USACE is induded in t.iis t::.sk.
.
..
.
Biological Assessment for Special-Sfatus Species - Tne USFWS wi1I be contacted to
oown a listing of species po"temiaIIy aIfec-..ed by this project. Once the USFWS list is
obtain~ a summary lener wiJI be prepared indicating the specific potential for this
project to affect listed or federally proposed species based on fu;-JJer work. It is
a...,ticipated that a fonna! Section 7 consultation will not be required. Rather, an
informal consultation via the correspondence Doted above, wHl likc1y sUjJ;ce. It is
anticipated that the USFwS wjJJ issue a letter of c1earam:e for t1e project ar the
conclusion of the informal consultation.
Tne biologiSts wiJI conduct surveys for special-status plant and animal species that ma;,
oc~ur in the project vicinity. Tnese surveys for suitable habitat and for resident and
transient individuals of the special-status species win be more focused than tbe surveys
described above and will rejate solely to the" special-status species. Tnere are seve:-a1
spec:aJ-status prant spec:es and special-status a.,imal species (j.e. California rd-legged
frog) that couid occur in the general area and which wil1 be the focus of the SDJVeyS. At
this time, protocol level surveys arc not proposed.
Tne biological as~e..<;smer.rt for special-status spe~ies wi11 be prepared 2..5 an inregral
section of the :NES, not as a separate Teport. Tne assessment wjJl conta.in a re2sonable
level of detail based on the level of survey e:7OTt described above. The as5essmem is nO!
proposed to contain detailed mapping and description of population s.ze.s~ rebtivc
impacts to species compared to known populations, etc.
.:. .4...ssess Project Impacts - Tne biologiSts wi1I utilize the results of the above t2sks to
assess project impacts to biotic resources and jurisdictional areas.
.:. Drr1-.eiop Conce;of"Jal Mitigation Measures - Tne CCS te:un restoration ecologis'"..s will
sur\rey the project vicinity and identify tv."o or three suitabk wetland and riparian
m1rigation sites. It is assumed that acceptable areas are available on or near the site for
mitigation. A drm of the proposed mitigation pl:!J'l wi11 be prepard for review by tie
City. Upon r:ceipt :l.nd incorpoI<ltion orall City comments, the mitigation proposal wiJJ
be in.corpora.ted into the ~"'ES. It is anticipated that mitigation pImming for the
C~Ijfomia red-legged frog wi1J be required given th2t the proposed improvements wiII
EkeIy result in direct impacts to aquatic habitat supporting the frog. It is assumed that
the City wHI assist with coordination with private property owners and Zone 7
coordination in reference to use of their lands, if necessary, as mitigation sites.
.. Cultural - Since the project wiIJ be processed with both Caltr2n.s and the Federal Highway
Adrninrstrntion (FHW A) approval, the project will require a cultural resources assessment
which complies with Se::tioo 106 of the National Historic Preservation Act. The assessment
v.riJI determine the following:
.--,
,r
J-J80/Fallon Road Jnfrm:irange
Projecf Report &: Er.Jironmenral Doc:(m~nr
11
CCS Plcrming & Engineering. Jr.::..
Ju!;; /6. /999
i&
,-I
"'1__
-./
1. The potential for impacting buried archaeological resources during cODSYJction
2. Toe historic value of the inteTCh:mge itself, or 06e: strJctures or properties located
in the vicinity of the proposed improvements and the potential for t.~= project to
impact them, assuming any are present.
""""'"
Toe cuItur:!1 resources assessment will include a records ~h and review or relevant
archives, data02SeS and tJ1e background information. including the California Historica.J
Resources FiIe System archive and the National Register of Historic PJac~. A fieJd
inventory will be completed to determine the presence/absence of arcnaeologicaI resources
within the Area of Potenti:1T Effects (AYE). An APE map will be prep:1red spc::incaJIy for
tbe cultural resources assessment.
TIle EMS win include a discussion of the potential cultural resources impac-.s resulting
from thc project improvements, and if warranted, will ide;:rtify appropriate mitigation
m easurcs.
· E:Jzaroons Materials - An Initial Site Asscssment (ISA) was prepcrred for fn.e PSR. IDe
ISA wiII be reviewed ~~~inst the preferred project to ensure its appl1cabjjjty. If nc:;~sary> a
b"-aroous materials data ba~ search wiIl be conducted to determine the likelihood or
e~countering contamination due to the prese~ce of h.a7..3Tdous m:J:teri:J.1s at tic proj~t site.
Tne EA./IS wiII assess whether- the pr?ject win be affected by any contaminated s~es_
· Z-;ois.e - Residenti~l deveIopmetJt is located near the I-5S0/F2JJon Road D..;.erchange.
Construction of the propo~--d inter-ch::lJ1ge improvements may increase shorr-term noise
levels at these residential re=eptors. Tne EA/IS win address.the..<>e tempor:!.",:' noise impac-..s.-.."",'
Conc~;-entiy with the EMS. the CCS team wiIJ p~par:: the required teznnical st-..rdic$ for the
proje=r. Tnese studies wiIJ specificaIJy comply with 'N"EPA-reJated enviroIune:Jt2J processes,
induoing the foIJowing: Section J 06 of the National Historic Preservation A~ SectIcn 4(f) of
the Department of Transpor...ation Ac~ Encbngered Species Act, CleM Air AC; Executive
Order11990 (Prote::;rion of WetJa.jds), Ex~utive Order 11988 (Floocipiain M:m:!ge:<;em) and the
Farmla.jd Protection Policy Act
.. -
Tne foJJowing technical reports wilJ be produced for t.lris proje::::
.. Biology/NaturaI Environment Study
· Cultural Resources/Section 106
· Hazardous Materials
D. Perform Resource Agency Permit Related Coordination
.After- mvestigations have begun and the various impacts and potential mitigations identified., a
me~ring of the impacted resource agencies will be held. The purpose afthis meeting is to inform
the resource agencies of the impacts and potential mitigations and to gain their concurrence on
these.
....."
1-580/Fallon Reed fr.:!!rchange
Proj~c: &por: & Er.~i"or:ml!n:cI Doc:rr..e:lI
J2
CCS Pfar.::ing & E-:gfr.zer;r.g. Inc.
.h:~'.I16. /999
\1 ob ~
E. Prepare Administr:ltive DR-UT EAIIS
~
Tne CCS.team. will prepare and submit six (6) copies oftbe Administrati.ve DR.AFT EA/IS to the
City snd Caltrans for review and comment
F. Prepare DRAFT EAIIS
Tne Administrative DR.,:\FT EAlIS wiH be r.;:vised ba.c;ed upon comments re::e:ved f. vJJl the City
and Caltrans. TIJe revised documents wiII be resubmt'"~d to Ca1trans for fm-.van:Hng to the
.t ::JW A for review and approval to circulate. Upon approval to circulate, the document will
constitute the DRAt-i EMS. 75 copies of the DR~FT EA./IS wi1I be printed wi!:.; the majority
or these going to the City for distribution to the public. The foHowing is a list of u1e reviewing
age:Jcies and the number of copies m:J.t will be provided:
,r-,
AGENCY
CITY (City of Dublin)
City of Pleasant on
City ofLivt;. !dore
Alameda. County
Caltra.TJs
Fh'WA
Zone 7
BART
Developer
No. of Cooies
53
.,
"'
.,
:J
~
:J
5
...
~
3
Tot:J.J
75 copies
G. .4....s.sist "With Pnblic Outreadl Process
h"1e CCS team. wjjJ 3.Ssist the City in organizing and faciiitating a M2.p Sbo'l,::,inglOperr House.
Tile CCS team wilT prepare the necessary flyers: project fact shce*..s and exhibi!S 2S "FeU as bave
the appropriate attendance at the Map Showing/Open House. At this meeting,. comment carris
wiIl be avaiJable fer public input on the Draft EMS. A re::ord of the meeting: v.iH be prepared
<me distributed to d,e CITY and C2.ItT~J)S.
H. Prepsre AdrninistT:ltive Final K.;aS and DRAFT FONSIfl'Ij"1)
,Upon exph-ation of the public review period and review of the comments r~ejv~ the CCS
T~jJ wiJJ respond to substmtial comments and: as appropriate: wHl make the necess<!.ry changes
to the EMS. If necessary, the CITY, Caltrans, FHW A and other p2rties making sign.ifiC3Ilt
comments wil1 meet to discuss the comments and reach resolution of the concerns. Minutes of
the meeting, documenting the resolutions reached: wi11 be prepared and distributed by CCS.
;--
Based upon review comments r~ejved and resolutions reached, the CCS team will prepare the
.Final Adminisuative EMS. The Final Administrative EMS will be. submitted to t.r,e City and
Cahr-a.ns for review and comments. At the same time a DRAFT NDIFONSI wiJI be pre;:;aTed and
transmjr.ed to Caltrans for FHW A signature.
J-58fJ/Fcitor. R::;ad Inierdlcnge
Project Report &: Environm::r.JaI Doc:J:r.rml
13
CCS Pfcrmir.g &: Er.gfnt!~.-ing. Ir.:.
.r.1~'" /6. /997
- - r
I B 06 i-- -1
I. Pr-ertre Final EMS
Tnc Admini;:,~~l.ive final EJ-w'IS will be revised. based upon comments received from the CiTY ......"
a.,d CaJtr"'...ns. The Final EMS wiIl be submitted to the CITY and Caln--..ns fOj approval and the
.r:. IT. '. ~ . ~ .
JO owmg agenCle5 Lor mrorm3i:Ion:
AGENCY
CITY (City of Dublin)
City ofPle:!santon
City of Livermore
Alameda Celm!)'
Ccltrans
Fh"'ViA
Zone 7
BART
Developer
No. or Cooies
10
...
-'
"
.:J
"
-'
25
I
I
1.
T ot:l.I
"'
50 copies
It is expected that one suomit'..al of the Final EA/TS wilT be made.
J. Adopt ~1)iFONSI
Tne Final EA/IS must be adopted by each of the affected Cities by action of their rsspe-_~~ve Ciry
Councils. Once the Final EAIlS is certified, the CCS team will assist tie crn-- with the
transmirrs.! to the appropri~te agency for. recordation. ."",..,
S CH j::J) lTLE:
· Anticipated Norice-to-Procccd - Augusz, ] 999
· Adminisr.;-ative Draft Project Report a....d Draft EAITS for City and Calw-ans Review - Jam:2...~;: 2000
. Adopt "1'..;nIFONSI - August, 2000
· Approve Pr.oject Report - September, 2000
AIJDlTIONAL SERVICES:
1. AIl services not expressly identified above as being the responsibility of the CCS TCaJTj~ and/or in
ex~ess of those identified above wiII be considered ,as additional services subject to fur.t1er
negotiation between the crn' and CCS.
2. The Adjacent Property Owne:s Meetings shaH be publicized by issuing regular news r;;:k::.ses tlnd/or
paid advertisements by the CITY.
3. If a Public Mecting is necessary, CCS wi11 prepare handouts~ exhibits; attend the meeting, and
present the te:::hnicaJ aspects of the project. Tne CI1Y will be responsible for mailing meeting
notices, arrangement of facilities, overseeing the meeting, -erc. This Scope or Work induces one
public meeting.
4. It is assumed that no additional aerial topographic mapping and the associated land S".Jjv"eying is
required.
...."
f-580/Fall-cn Roed fnterd:cngr:
PmjeC: Report &: Err.:iroruntmfnl DOC'.lmer./
14
CCS P1cr.r.ing & ;;ngim:~:-ir.F. Jr..::.
J:II>. J G. /<J'J<J
9 ()l~ 2(
~
5. 111i5 Scope of Work is b25ea upon the prep=rration and processing of a Finding or No Signifiwnt
Impacts (FONS!) for :N"EP A and a Mitigated Negative De::laI":J.tfon (ND) for CEQA for the
E;JVironmental Document.. In, the e-,rent that the EAJJS identifies sigrlific.ant impac-..s cr the project
that cannot be mitigated to a Jess than signifrc:mt level, an EISIETR would be required. F.;:-yaration
of an EIS/1:..J.R is not included as part ofmis Scope ofw.ork and would requiTe additional services to
be authorized.
6. If rurJ1er enwonmer.Jul srudjes beyond those listed or more in-depth environme:1taI s<1Idfes are
required, t..:Zey wiII be considered as Extra Work.
7. Tt is assu.."!lea that mitigation areas ::rre available within or JJJ close proximity of the proj~ site. If
ex'"t.ensive orr-site mitigation is required, this wilI be considered as extrci work.
8. In t1e event that substantial comments are received on the ElVIS and/or :J. formal protest of me
FONSIIND is received by the City, the 'CCS team wouTd provide additional work tc defend the
EA/IS on a time and materials basis as an extra work item.
,.-
1-580/Fal!r;r: Rt?cd Jr.t~r::r.ange
Pr::;jl!::: Rl!pcrt &: E...,...ironmt::!"zJa! DtY.:"Jme:rJ
J5
CCS Planning & Er.gfr.urfng, In::.
.J"'J~..: J G, J 'J99
!J61O.
CG~
\NUI::
ENVlrWNMENTAL
WOnJ{ PLAN & FEE PROPOSAL
L.L.U'~ I \UIIIJ 11"11 L:Hl.
PI10,IECT REP01U ANn
.
CCS PLAllIlING ANn Er,IGINEEI1ING - llQr:
~ f'l I='
'g. . " 'i Ul t!
~ cI.~ i> 0 8" .--
1hZ :1, ;t t!.
n' ,'.! I, t. l'. II H ~l .1 ". . p 9
(,1 ~ ~?i ~ ~ ~ 1~1 ~I ~JI ~~ ~~ gl d ~ ~~. ili P.i~l ~ ft; -:j,
:;: .: ~. ,4 Z rl '<,; ':,J ;1 t El t.; ~fl. ;Z tl ,){ .- ~ ~ l!J tI\ ';J ~
!l d ~ 8 1.1 W III i~ ~f m ~.~ ~ t5 ~ m ~ ( ~ ~ . M !-< H
_1:Lir~l_d ~-~- _!:i_~_ J~. ill _:1, m_ ~. fiLI_L _LI_~ 5)_ -1Ul_ -~-,_~_IJ_I ?
s 150JX) ~_ 5115.00 :l05.iIl1 JOO.OO ~_ :!IlO(llJ .J1.!i.QL $115.00 $100.011 Sil5.(){} S5O.00
46 $ .1,660
----:t6$ 5;210
.\ 46 $ 4,97D
'2 66 $ 3,510
:j 106 $ IO:lCff
- 138 $ "D. Q
84 $ ,,;'.;0-
- 52 $ .; .- iO
"2 .10 $ .!.~,!a
2-52~':fiO
- ~o $ .i.!-~r
'2 30$ '!iO
30 390-$ 75: if
6
o
2. 16
12~2
n 8 -:j "4
-6 1} "1 4
10 -:j 16
12 12 "1 5a
"1 4 2
211 ~~I 162 92 2
16
24
,16
40
6
6
10
12 12
-~:j
- 8
f.i
16
80
2,
-12
~2
2.1
48 .10
~6 -~~
o 4 d
--;j - -~
--;j
"0 0
--;j 6 "--Jo
102 10 --r5ii
\,1
~
i;j.
~4
al~ ~!!1
-
-
-
-
-
-
-
-
-
12 -
-
SSUI/llt I '!!!2-
S/iIiiOi;ii
ENGINEERING seRVICES
~Joct Milllaflemellt
A. P7~ef Adminislr.t/on
Cot/hef Allmr(l/sira{/oll
P/lJp6/11 Progress R'por/s, SclJedul/J
P~MfJ Mon/hly Accoun((nfJ Rope/Is
Fn~ MW~~ment
PlDjdC/ M8n8gemtn/
8. Mee/ltJO' I Repe/is
por Afst!!..n9-f' Assu/llu 12
Progress RepOIt Mulin{1! . ASSlIInllS
Oblilin LQC&/ Agency Input
!\djllc!wf Prupe//y OWllers Meeling. A
UIif/"/ Gompany'l,hallnf!~
Dublin Gily" GauIlC" AId eli1lgs
r,{)mmem Reso/ulIon AI~~1I1l9s
22 .$
-'2 --r-
o
20 $ 2,580
o
392 $ :16,010
----n-iii:$ 10.520
--Sa $-5,126
~O $" 5.060
2,0.10
1,168
-I
1/] .\ .\8.$ 5.5t()
-ii - ~4 $~:030'
.1 10;; -28 -~ -U!:~
~(i .10/-------:]01 12 --riB $ 11:060
-'ijl~~ 40 fii -roii $ '9:610
--0"4 if.i ----=jOii __ 42 -;008 "$ 114,976
~
.(..'
u
,~
I
m 7/1010'.1
(
2
.1
o
2
a
o
0
0\ -
- -
- --
- --
120 ~1_60 -
-:jQ 24
36 2.( -
- - .1
-
-
-
- 2
-
-
-
- - .\
~96 Uii 92 10
-,
pu(
0\
ij
To he porformed by MJcJ(ay .\ SOIl1P!
Of I 12
~r{ofmod bv TJKM
,,- ~lij
0\ a 24
o
16 To
1'0 be pfUfof/llecJ b1'. PdriMI G~IISI/j/alll!,_
!!!J!!.l!.e(fOllllol/ Ily' Parlkll Consl//(al}ls
To be pelformecJ by Svell/tfln CIvil
-;El~ __l~___
2 2
2 - .1
-2 II
~.I 32 ~30
--
.1
21]
SulJlO(iJr
!. PrellmlnaryElIiillIee
A Oile Collection
,11 Propero Swyer ReqUltsts
11.2 Petform SI/(veys
i. f Wwk wiff, frame CO/l$u{fJr/1
::~~nll~ Trame I1nolysIslOl!!!..tllloml Arrolys/s
D. Pr8par9 Gflwnefrie BasemsfJs
.-f;. Pte[!BfO ConcfE.l''''' Stsg<!cJ ConslJIJO~l!!~
1'. DoI'e/ofllllglnyay Planllllg DesIgn Conc~pl
iJ. R(Ju~i1" VI/My ConlllcJs
(I. UprlsliJ MJ/erlilln(orm41ion
I. Updala Geo(e,hnlcaf In/ormation
L AloJify ',:!~~d Pl8nnln~tudy
I( I'tflolllr Valuo "/1/1IY$i'l
'- ('orlorm COIlslfllc/abllily Rev/ow
\1. RnMv a~d Update '''e R1QM-oH\'8Y Oa/a SlI&ot
'~P(8Piile/lJpd8/i) Cost Estlmato
~). Prl!partJ F!lct Slree(:s {or Design E!xco/JlfO/ls
rlli", 1'.1 ~n r
(
..
tile" ~41~ - I>
U..",: h, pJI
(;(;~ \Ill
)
PrlO,JEGT nr~({T AND
ENVrn J:NTAL
WOn/< rUIN & rEI: PROPOSAL.
)
~
,]
()
III
~J
_L
QI.:
h
;> ~4 'l:
z ~, 51
~.~ nJ ...' ~ 01 (.1
t "I I. (, , 'I;
(,I r~ 1,1 ~ .:. 1m. III
at u ()Z: ~ ~ t~
u t.l :z CJ p .~ "
_L _t~ .-~-LI-1l1i_,_ifI_,_~
lOO.OO 345.0n $115.003100.00 :185.00 !lSO.OO
~ ~~:-.,
~ g
I~ .
5ld
~IL
~62.00
ccs PL^NNING AND ENGINEEnllW
l:1 ----1-
C>l ..!
"I 1'1
hI [',I r4 ~ WI' ,~, VI !'l iY.
tJ ~ \'.. ~~ I.. 1. I- ...t l'
TI 1<1. ~U (.1 !J Gi j ~l :~ tt Iii
.:.) 8 -; ,~ (: IfiLl Gi ~I trl U 0 ~
~'I t:' ~ E... ~ ':i! u. I~ t~ .:.\ ~1 p
--14. _1:L..Ll_d..=i__ -=i..'!l_ ...!!L~_ ~ift_
JhlQ(~1 SI~{).oo S1'lll.frL :tI15.0n 395.110 $flO.OO
176 $ 17,220
8 $ 710
110 $ \0,.\10
72:$ 6.100
366 $ 34,440
24
24
24
72
,10 40
:w I----.!~
16
aD 72
40
~I~~
4 20
fij 112
20
o
<1
2
:j
4
4
Pnpnro Drall and Flnall'roject
Prepare Oral( Proia" Raf>Cl./
Submit Clan Proiect Repod lor RevieIV
Roso/v" Review Commen/$>'FinoDu Prefac/ RepOIt
Obtain Cal/fUlls DlslJlc/ ApPIOVIlJ o( Prof~c/ RaRolt
Su/llolrtl
nepOlt
I.
A.
B.
c:
D.
12 $ 1,180
-S4 -~ 0,<104
36 $ :t.2fO
-;j!j '---:1,359
1.1 $ 1,010
,,\ $ 1,610
8,\ :$ 7;368
~.l :5 2,720
12 ~ 1,310 -
~8 $ 3,060
0 0 ~f $ 33,011
10i)( .1441 3101 $ 239 123
~239,123.00
$ 9,300.00
$ \ .10,000.00
'388,423.00
t:
~C
~.. ..~
OArE71f6/90 \"
..-~.
o
.1
8
:j
:j
:j
:j
8
:j
"4
4
,10
:1
4
2
"5
"2
1
8
"4
"2
"4
35
o
~2 12
--1--
2,1
8
20 0 411 46
_.
10ill - 2121 1641 -1m
10
2
24
o
o
o
ITO be pe/fonuecJ by David J. PO\\'&ro & AssocIates
2~1
8 .1 10 -
1 ----0 ~6 "
.1 10 4
.\ .1
~ ~
-048
448
2 .11
" 4
.\0 10 ~6
20
-:j
44
2
126T
3061
2171
CCS & lIaE I.abor
CCS Direct Expenses
Outside Services + '10%
Ra porllEnvlronlllental
ProJoot
Tota
"
P7-!JO :.1 (
Sublollll
Tolnl HOlfrs . Project Rer01UElIviro"m~r1lnl
rlh; "8 IUI ~ l\I~l1 "l:nP.'t EO rut_'-'
tt.n'i;ta,'.l";'ll'
v. Perforlll Environmental DoclJIllft
ADs/it CcJlecb'OfI
~. Patlolm PuNic 411d Ag~ncy SCOfJitlfJ P10<;(JS9
C, PrfJflare OnAFf ENIS
D. PertOlm RiJ.sourc~ Agency Pamri/ Re/a/~d Coord.
r:. Prepare AdmInistrative DRAFT ENIS
F. PreD".., DRAFT EMS
~isl wl/h Publio Heating Pro.;s$.3
II. Plepele Atlm/II. FIllS/ EMS alld DRAFT NCVFONSI
,~!~ Final EMS
.1. A./oll/ NO/FONSI 811t116cofll
8BT
721
~70r
1-5801FALLON ROAD INTERCHANGE
PROJECT REPORT AND
ENVIRONME\IT AL
DIRECT EXPENSeS
CCS 9810~
I UNII I I~~~~~
DIRECT EXPENSES DESCRIFTION COST UNIT TOTALS
I -- I I I I
PROJECT RE?ORT/ENVIRONMENTAL I I I I
TRAVELlMiieage I~ 0.31 I mile I E,OCCI S 1.S50.CO
TRAVEL! Far..ong IS 6.00 I each I ~IS 240.00
I I I I
RE.=RODl:.!CTiON Iln-J-:ouse Servjc~ IS 1,000.00 I acrual I lIS 1,000.CO
REPROD~C I iON I Outside Services IS 1,400.00 I acrual I 1/ S 1,400.00
R:PROOIJCTlON I Photocopies (8 1/2 x 11) IS 0.05 I e:3ch I 14.0COI S 700.00
R:?RODUC liON / Pho!cc::Jpies (11 x 17) IS 0.C5 I each I 4,0001 S 200.00
I I , I
Td.:?HONE I Cellular Phone j I I IS - I
j ELS=HONE I Long distance I I I I S - I
I I I !
OEUV=RY SE:RVICES : Courier 'j S 30.00 I each I 201 S 600.00
DELIVERY S=~VICES : Overnight Mail IS 15.00 I each I ~~! s 600.00
I i I I
PHO I 0 I i=iim IS 5.00 I roll I -, ~ 30.00
Cl _
FHOTO I Processing IS 15.00 I jell I 5i S EO.OO
I I I I
I
I I I I
UTIUTY Fe J HOLING (5500 - S100a ea) I I I I I
I I I I
MISC:=!..L.A.NcOUS 8<P:NS=S I I I i
I
(8lnders, Mjs~ Supolies. etc.) IS 2.000.00 I actual i ~, S 2,000.00
I Swbt:L::I1 S 8,410.00 I
I I I
TOTAL with 1Q% +/-1 S 9.300.00 I
FiJq: ~1Od ' C~ ;:Qll;:.n ~ Ei ;::-:-=..,:~
~",...,j;~
Pa!]e :3 of 4
DATE 7/15/99
2;"
'.) .
~
~
....,
"/1'} , '
.-
l-saOIFALLON ROAD INTE.qCHANGE
FROJECT REPORT AND
ENVIRONMENTAL
OUTSIDE SERViCES
c~s 9a104
~'
OUTSIDE SERVICES I TOTAL
SUSCONSULTANT IScRVTCE PROVIDED I EXPENSe
I I
FROJECT RE?ORTlENVrRONMENTAL I I I
I I I
:r JIO.t1 II ~ffic IS 11,SwO.CO J
?arl!<;, Cor.sultants IGeotechnical Studies IS 1,000.00
Sverdrup /Advance Planning Study IS 13,000.00
WRECO I Hydraulic Review IS 2.000.00 I
MacKay & Somps I Survey IS 17. 5CQ. 00
MacKsy & Somps I Rlaht-of-Wav IS 6,CCG.GO
David J. Fowers & Assccciates I Environmental IS i5,500.00 I
I I l
I I 1
I Subtotal I S 126,500.00 I
I / I
. TOTAl with 10%+/-1 s
.. '0 "r,- -(1 I
J~ tJu'" I I
'. -.......,
~.
F:!e-: PB-:CA . :::mtr F:UIOfl ~ == ;:JIoI?S.%i8
s:'\~ ~c..~Qog.."Ur:'t
Page 4 of 4
DA IE 7/16/99
.-1
EXHIBIT B
PAYM:ENTSCHEDULE
.~
City shall pay Consultant an amount not to exceed the total sum of THREE
HUNDRED EIGHTY EIGHT THOUSAND FOUR HUNDRED TWENTY THREE DOLLARS
($388,423) 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 tendering 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 ex"tra 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 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 pepartment of the City of Dublin.
"wtII
Exhibit B
Pa2:e 1 of 1
09/27/99
'1) as 2-'
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 revie'Wing 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, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
~
Exhibit C
Page 1 of 1
09/27/99
)~
0-11 .
Ci.
ExmBIT D
GENERAL PROVISIONS
~
1. INTIEPENDENT 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, 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 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.
INSURA.l"'JCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to properry 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. lYfinimum Scone ofInsurance. 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
09/27/99
;1
01 l-q
v
B. Minimum Limits ofInsurance. Consultant shall mEfltain limits no less than:
r-.
(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 aggF~:lte 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 o\vned, 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.
r-
Exhibit D
Page 2 of5
09/27/99
Jt8
,..,' L::t
w ...
(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.
'....,I
(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 t.lIat
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. \fIttIIIIII'
E. Accentabilitv ofInsurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VIII.
F. Verification of Covera!!e. Consultant shall furnish City with certificates of insurance and
vvith 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 TANT 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
09/27/99
;4q
0.'
C>
-c
j...
6. ASSIGNNfENT 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 ofthis
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 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 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 oflaw 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.
Approval of the insurance contracts does not relieve the Consultant or subconsultants from
liability under this paragraph.
10. GOVER..NMENTAL 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 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 of5
09127/99