HomeMy WebLinkAboutMINUTES - 09141993 - 1.129 . Contra
TO: BOARD OF SUPERVISORS CoSta
FROM: Harvey E. Bragdon, County
Director of Community Development
DATE: September 14 , 1993
SUBJECT: Consulting Services Agreement with W.R. Gray & Co. for Support
Services to the Greater East Bay Rail Opportunities Coalition
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve and authorize the Director of Community Development to
execute a consulting services agreement with W.R. Gray & Company
during the period from September 1, 1993 through September 1, 1994,
in the amount of $36, 000, for the purposes of providing support
services for the Greater East Bay Rail Opportunities Coalition.
FISCAL IMPACT
There will be no impact to the County General Fund. Funding for
these consultant services would be paid through the County's
Petroleum Violation Escrow Account (PVEA) grant from the State of
California.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On June 4, 1993 , the Contra Costa County Community Development
Department issued a Request For Qualifications (RFQ) on behalf of
the Greater East Bay Rail Opportunities Coalition. The purpose of
the RFQ was to seek Statements of Qualifications from qualified
firms, organizations, or individuals to coordinate
intergovernmental liaison activities and .provide support services
for the Greater East Bay Rail Opportunities Coalition Joint Powers
Board of Directors (GEBROC) .
CONTINUED ON ATTACHMENT: x YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O FgARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON SEP 14 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: CommunityhDeveDlopment835) ATTESTED SEP 14 1993
cc: Caltrans District 4 PHIL BATCHELOR, CLERK OF
W.R. Gray & Co. THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
Consulting Services Agreement with W.R. Gray & Co.
September 14, 1993
Page Two
The RFQ was mailed to eighteen (18) consulting firms in the Bay Area, and
two Statements of Qualifications were received in response. The two
Statement Of Qualifications were reviewed by staff representing GEBROC
member agencies which concluded that the proposal submitted by W.R. Gray
& Company was the most responsive to the RFQ and their team's
qualifications more closely matched the needs of the GEBROC Board of
Directors. The GEBROC Board of Directors concurred with the staff
recommendation to select W.R. Gray & Co. to provide support services.
W.R. Gray & Company, a Walnut Creek based transportation and governmental
affairs consulting firm, has teamed with Pittman & Hames Associates, a
women and minority business owned public affairs consulting firm located
in San Francisco, to provide support services to the GEBROC Board of
Directors.
The Director of Community Development has negotiated a consulting
services agreement with W.R. Gray & Co. to provide one full year of
support services to GEBROC in an amount not to exceed $36, 000 (as set
forth in the scope of work of the attached contract listed as Exhibit A) .
Continuation of services under this agreement beyond September 1, 1994
would require renewal by Board of Supervisors. The Transportation
Committee reviewed and conceptually approved this consulting services
agreement at their August 9, 1993 meeting.
CONSEQUENCES OF NEGATIVE ACTION
Should the Board of Supervisors reject this request, the rail planning
efforts of both the County and GEBROC would be hampered.
,/
Number:
Org:
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Community Development Department
(b) Consultant's Name and Address: W.R. Gray & Company
500 Ygnacio Valley Road, Suite 425
Walnut Creek, CA 94596-3822
(c) Project Name. Number and Location: Support Services of East Bay Communities Rail
Operating Plan
(d) Effective Date: September 1, 1993 (e) Payment Limit: $36,000
(f) Completion Date: September 1, 1994
(g) Federal Taxpayer's ID & Social Security Number:
2. Signatures. These signatures attest the parties agreement hereto:
Public Agency: Consultant:
By: By:
Director, Community Development (Designate official capacity in the business)
Type of Business (Sole proprietorship,
governnment agency, partnership, corporation,
Recommended by Department: etc.)
By:
Designee If corporation, state of incorporation:
Approved: County Administrator
By: By:
Designee (Designate official capacity in the business)
Note to Consultant: (1) Execute acknowledgement form below, and (2) if a corporation, signatures must
conform to designated representative groups pursuant to Corporations Code Sec. 313.
State of California )
) ss. ACKNOWLEDGEMENT (by
) Corporation, Partnership,
or Individual)
County of )
The person(s) signing above for Consultant, known to me in individual and business capacity(ies) as
stated,personally appeared before me today and acknowledged that he/she executed it, and acknowledged
to me that the partnership named above executed it or acknowledged to me that the corporation named
above executed it pursuant to its by-laws or a resolution of its Board of Directors.
Dated: Notary Public
3. Parties. Effective on the above date, the above-named Public Agency and consultant
mutually agree and promise as follows:
4. Employment. Public Agency hereby employs consultant, and Consultant accepts such
employment, to perform the professional services described herein, upon the terms and in
consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be described in Appendix A attached hereto and
made a part hereof by this reference.
6. Report Disclosure Section. Any document or written report prepared hereunder by
Consultant, or a subcontractor, for Public Agency shall contain, in a separate section, the
numbers and dollar amounts of this contract and all subcontracts relating to the preparation
of such document or written report, provided that the payment limit specified in Sec. 1(e)
exceeds $5,000. When multiple documents or written reports are the subject or products of
this agreement, the disclosure section may also contain a statement indicating the total
contract amount represents compensation for multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the
term hereof: (a) Workers' Compensation Insurance pursuant to state law, and (b)
Comprehensive General Liability Insurance, including blanket contractual (or contractual
liability) coverage, broad form property damage coverage, and coverage for owned and non-
owned vehicles, with a minimum single limit coverage of $500,000 for all damages due to
bodily injury, sickness or disease, or death to any person, and damage to property, including
the loss of use thereof, arising out of each accident or occurrence, and naming Public
Agency, their governing bodies, officers and employees as additional insureds. Consultant
shall promptly furnish to Public Agency certificates of insurance evidencing such coverage
and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or
material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the
rates shown in Appendix A and per schedule set forth in Appendix A and attached hereto,
and made a part hereof by this reference, which include all overhead and incidental expenses,
for which no additional compensation shall be allowed. In no event shall the total amount
paid to the Consultant exceed the payment limit specified in Sec. 1(e) without prior written
approval of the Contra Costa County Community Development Director. Consultant's
statement of charges shall be submitted in accordance with Appendix A. Payment will be
made within thirty (30) days after receipt of each statement.
9. Status. The Consultant is an independent contractor, and shall not be considered an
employee of Public Agency.
10. Time of Completion. Unless the time is extended in writing by Public Agency, Consultant
shall complete all services covered by this Agreement'per Appendix A, attached hereto and
made a part hereof by this reference.
11. Record Retention. Except for materials and records,delivered to Public Agency, Consultant
shall retain all materials and records prepared or obtained in the performance of this
Agreement, including financial records, for a period of at least three years after Consultant's
receipt of the final payment under this Agreement. Upon request by Public Agency,
Consultant shall make such materials and records available to Public Agency at no additional
charge and without restriction or limitation to State and federal governments at no additional
charge.
12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional
charge the items described in Appendix A to document the performance of this Agreement
and shall furnish to Public Agency such information as is necessary to enable Public Agency
to monitor the performance of this Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans,
specifications, reports,and maps,prepared or obtained in the performance of this Agreement,
shall be delivered to and become the property of Public Agency. All materials of a
preliminary nature, such as survey notes, sketches,preliminary plans, computations and other
data, prepared or obtained in the performance of this Agreement, shall be made available,
upon request, to Public Agency at no additional charge and without restriction or limitation
on their use.
tpADAcntlGisy.PR 2.
14. Extra Work. Any work or services in addition to the work or services described in Appendix
A shall be performed by Consultant according to the rates or charges listed in Appendix A.
In the event that no rate or charge is listed for a particular type of extra work, Consultant
shall be paid for the extra work at a rate to be mutually agreed on prior to commencement
of the extra work. In no event shall Consultant be entitled to compensation for extra work
unless a written authorization or change order describing the work and payment terms has
been executed by Public Agency prior to the commencement of the work.
15. Termination by Public Agency. At its option, Public Agency shall have the right to
terminate this Agreement at any time by written notice to Consultant, whether or not
Consultant is then in default. Upon such termination, Consultant shall,without delay, deliver
to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid, without duplication, all amounts due for the services rendered
up to the date of termination.
16. Abandonment by Consultant. In event that Consultant ceases performing service under this
Agreement or otherwise abandons the project prior to completing all of the services described
in this Agreement, Consultant shall,without delay,deliver to Public Agency all materials and
records prepared or obtained in the performance of this Agreement, and shall be paid for the
reasonable value of the services performed up to the time of cessation or abandonment, less
a deduction for any damages or additional expenses which Public Agency incurs as a result
of such cessation or abandonment.
17. Breach. In the event that consultant fails to perform any of the services described in this
Agreement or otherwise breaches this Agreement, Public Agency shall have the right to
pursue all remedies provided by law or equity. Any disputes relating the performance of this
Agreement shall not be subject to non judicial arbitration.
18. Compliance with Laws. In performing this Agreement, Consultant shall comply with
currently prevailing professional practices and standards regarding all applicable laws,
statutes, ordinances, rules and regulation, whether federal, state or local in origin. This shall
include CFR 48, Federal Acquisition Regulations System, Contract Cost Principles and
Procedures, Chapter 1, Part 31 and CFR 49, Part 18, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments.
19. Assignment. This Agreement shall not be assignable or transferable in whole or in part by
Consultant, whether voluntarily, by operation of law or otherwise, except that, with the prior
written consent of the Director of Community Development, Consultant may subcontract that
portion of the services for which Consultant does not have the facilities to perform. Should
Public Agency enter into a joint powers agreement with one or more of the following
agencies, those other agencies shall, at Public Agency's option, be added as additional parties
to this Agreement: County of Alameda, County of Solano, Alameda County Congestion
Management Agency, Contra Costa Transportation Authority, Solano Transportation
Authority and Metropolitan Transportation Commission. At Public Agency's request, those
other agencies, their governing bodies, officers and employers shall be deemed added as
additional insureds and indemnities in sections 7 and 22 and Consultant agrees to promptly
provide to Public Agency amended certificates of insurance showing the additional coverage.
20. ,
21. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other
person shall not affect Public Agency's rights to the materials and records prepared or
obtained in the performance of this Agreement. Public Agency reserves a license to use such
materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records. The license
reserved by Public Agency shall continue for a period of fifty (50) years from the date of
execution of this Agreement, unless extended by operation of law of otherwise.
22. Indemnification. Consultant shall defend, save and hold harmless Public Agency and its
officers and employees from any and all claims, costs and liability for any damages, injury
or death arising directly or indirectly from or connected with the services provided
hereunder, due to or claimed or alleged to be due to negligent or wrongful acts of Consultant
or any person under its control, save and except claims or litigation arising through the sole
negligence or sole willful misconduct of Public Agency, and will make good to and
reimburse Public Agency for any expenditures, including reasonable attorneys fees, Public
Agency may make by reason of such matters and, if requested by Public Agency, will defend
any such suits at the sole cost and expense of Consultant.
tpAD:\cnt\Gmy.PR 3.
23. Heirs. Successors and Assigns. Except as provided otherwise in Section 19 above, this
Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal
representatives and assigns of the parties.
24. Notification of Related Work. During the term of this Agreement, before Consultant or any
of its subconsultants accept other work in Alameda, Contra Costa or Solano County, which
work relates in any way to the services or project covered by this Agreement, Consultant
shall promptly notify the Director of Community Development in writing. Consultant agrees
to insert this requirement into all contracts with its subconsultants.
25. Project Personnel. In performing the services under this Agreement, Consultant shall use
the personnel listed in Appendix A, attached hereto and made a part hereof by this reference.
Changes in project personnel may only be made with the written consent of the Director of
Community Development, and Consultant shall notify the Director of Community
Development in writing at least thirty (30) days in advance of any proposed change. Any
person proposed as a replacement shall possess training, experience and credentials
comparable to those of the person being replaced. Consultant agrees to insert this
requirement into all contracts with its subconsultants.
Attachment:
Appendix A - Work Program: Support Services for the Greater East Bay Rail Opportunities
Coalition
tpAD Acnt\Gmy.PR 4.
H '
Appendix "A"
WORK PROGRAM
SUPPORT SERVICES
FOR THE
GREATER EAST BAY RAIL OPPORTUNITIES COALITION
SCOPE OF SERVICES
W.R. Gray and Company, in association with Pittman & Hames, will provide the following support services
associated with the ongoing regional rail planning efforts of the Greater East Bay Rail Opportunities Coalition
(GEBROC):
Intergovernmental Relations: Meet and confer on a regular basis with local,state,federal, and railroad
company officials to facilitate an inter-county consensus on regional rail and transportation policy issues.
Provide staff assistance for GEBROC Board of Directors and Technical Advisory Committee meetings.
As directed by GEBROC Chair, serve as an advocate for GEBROC before other government bodies or
public forums on policy related matters.
Administrative Support Services: Provide minutes clerk for GEBROC Board of Directors meetings and
other necessary support services connected with the operation of the Board of Directors, including the
preparation and maintenance of GEBROC records, documents, agreements, bylaws, operating procedures,
correspondence,and other official memorandum. Furnish all necessary information and assist the GEBROC
Board of Directors in filing all reports required by applicable laws in a timely manner. Also, as directed,
prepare press releases, summaries of technical studies and other documents for general public release.
W.R. Gray and Company shall receive day to day supervision regarding the Greater East Bay Rail Oppportunities
Coalition under this agreement from the GEBROC Chair, or staff designee from the Community Development
Deparment, Contra Costa County. W.R. Gray and Company shall provide the County with a monthly summary
of activities describing implementation of this work program.
TERM
The term of this work program shall commence September 1, 1993 and be subject to renewal between both parties
on September 1, 1994.
FEE
For Intergovernmental Relations services provided under this agreement, the County shall pay W.R. Gray and
Company fixed fee of $3,000 per month, beginning on September 1, 1993. Professional services performed in
excess of 20 hours per month, upon prior approval of the County, shall be reimbursed, on a time and materials
basis, pursuant to the attached fee schedule (Table A-1).
For Administrative Support Services provided under this agreement, the County shall reimburse William R. Gray
and Company, on time and materials basis, pursuant to the attached fee schedule (Table A-1).
V
TABLE A-1
William R. Gray and Company
Transportation Consulting&Strateglp Pruluct Plwnning
FEE SCHEDULE
i,ffcctive January 1, 1993
!Hourly !lute
Principal $150.00
Vice President $120.00
Senior E.rigineer $105.00
Project Manager $ 96.00
Associate Etlgincer $ 78.00
Engineer II $ 74.00
Engineer 1 $ 67.00
Administration/Iteseurch $ 49.00
Word Processing $ 43.00
Messenger/Clerical $ 35.00
Consultation/Representation $210.00
Rates subject to change on January 1, 1994. Hourly rates include office overhead(routine clerical, [oval
travel,etc.). Expenses(computer(CAD),printing, authorized entertainment,out ol'area travel,telephone,
express mail, delivery, etc.) will be billed at cost plus 10%.
William R.(fray and Company reserves tile right, in its discretion, to sub-contract portions of its projects
to other qualified professionals. 'All costs and fccs for any sub-contracted services will be billed atcost
plus 10%.
500 Ygnaclo Valley Road,Suite 425 Walnut Creek,CA 94598-3847 (510)947-1966 FAX (510)947-3177
915 L Street,Sulte 1440 Sacramento,CA 95814-3705 (916)448-0807 FAX(916)448-1138