HomeMy WebLinkAboutMINUTES - 09121995 - C1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA. C°
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: September 12, 1995
SUBJECT: Consulting Services Agreement with Thomson Transportation Engineers
Project No. 0676-6130229
Specific Request(s)or Recommendation(s)&Background&Justification
I. RECOMMENDED ACTION:
APPROVE a Consulting Services Agreement between the Contra Costa County Public Works
Department and Thomson Transportation Engineers.
II. FINANCIAL IMPACT:
Payment limit is $12,000. All costs will be provided through the transportation funds.
III. Reasons for Recommendation and Background:
The Public Works Department has been involved with a citizens group representing the
Ralston Avenue area in East Richmond Heights. Concerns deal mainly with traffic, safety,
speed and volumes. In an attempt to address those concerns the County has been unable
to satisfy the citizens and, therefore, it has been recommended the County solicit the services
of a private consultant. This consultant will study the traffic situation in the area and then
formulate proposed improvements, if any, to address these concerns.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Failure to approve the agreement would result in no independent study of the concerned area.
Continued on Attachment: SIGNATURE:
,'k�
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON e�,,,/,�c,� /a�J 57APPROVED AS RECOMMENDED BOTHER .
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT
AYES: NOES:
ABSENT: -77 ABSTAIN:
SK:rs
g:\TransEng\BO.TR\B012a.t9 I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Orig. Div.: Public Works(Traffic) Board of Supervisors on the date shown. �4
Contact: Steve Kersevan,313-2254 ATTESTED: /9_9;�
cc: County Admin: E. Kuevor PHIL BATOAELOR,Clerk of the B and
PW Accounting of Supervisors and County Administrator.
J. Bueren,Transportation Engineering
n,-a, _ .�d ,Deputy
. .
CONSULTING SERUM 6GREEMENT
1' These Special Conditions are incorporated below by reference. /
(o) Public Agency: contra costa County JUL 10
(u) Consultant's Name & Address: imn snn/nee,x' Inc' ou'»'u'
201Ave. otuo' a ' ��
Alameda, nx *4501 ' TR
(c) Project Name, Ralston Avenue Traffic otuuy, 067&-6FOM ENGINE R INC.
(u) Effective 4 ) Payment Limit(s): w12,000
(f) Completion oate(o):Zvx`e 30114 '
(y) Federal Taxpayer's I.D. or Social Security Number: 94'3102968
2. Signatures. These signatures attest the parties' agreement e to:
SU
:9 IT
PUBLIC AGENCY NSU T
By: J. Michael Watford
Public Works Director By:
Type of Business (si :Paco ietorship, government
If Corporation, State of Incorporation: C"
(Designate official capacity in the business)
Mote to C For corporations, e contract must be signed by two officers. The first signature must be that of the chairman
of the board, president or vice-pres' t; the second signature must be that of the secretary, assistant secretary, chief financial
officer or assistant treasurer. Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.) The acknowledgment below must be signed by a
Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT T. A. ROEBUICK
State of California COMM, #1031,568
ss. N07-RYPU8LfC-(-,AUFF0PN1A
County of C,
n.bVires June 28,19%
VV Caa
ed Me
On the date written below, before me, the undersigned Notary Public, personally appear -pe.rsantVIV MM-Tor�Camm t,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
wuTwssu my hand and official seat.
Dated:
Notary Public
(Notary's Seat)
3' 2mcties' Effective on the above date, the above-named Public Agency and Consultant mutually agree and prom ise as +v(iwm:
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 utot*u herein.
s' ' Scope of service shall be as described in Appendix x' attached hereto and made o part oc,e*f by this
a' written report prepared hereunder by Consultant, or u subcontractor, for public
Agency shalt contain, ,n o separate section, the numbers and dollar amounts of this contract and all subcontracts relating
to the preparation of such document or written rqmrt, provided that the payment limit specified ,n Sec. 1cr> exceeds $5,000.
When multiple documents or written reports are me subject or products of this agreement, mo disclosure section may also
'
contain a statement indicating that the total contract amount represents compensation for multiple documents or written
reports.
/' Jzxuuzanue' Consultant shalt, at no cost to Public Agency, obtain and maintain uu,rny the term hereof: (a) Workers,
Compensation Insurance pursuant to stateL (b) Professional , u tv insurance with minimum coverage of $500,000 and a
maximum deductible or *25.000; and (c) Comprehensive or commercial General Liability Insurance, including blanket contractual
(or contractual Liability) coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles, with minimum combined o,no(e Limit coverage of m1'000^000 ,or all damages due to bodily injury, u,cm`eoo or disease, or death
to any person, and damage to property, including the loss of use thereof, o,io,ne out of each accident or occurrence, and
naming Public Agency, its/their governing bodies, officers and employees as aau,t/vnol inovredo' Consultant shall p,'--tlr
furnish to public Agency certificates of insurance evidencing such coverage and r�qu/r,ny oo days' written notice to Public
Agency o, policy lapse, cancellation or material change in coverage.
a' Pmoent' Public Agency shalt pay Consultant for professional services performed at the rates shown in Appendix o ottvcnao
x,reto, vh/m include all owc,xoau and incidental expenses, for which no additional compensation shalt be ollowe6'
Notwithstanding the foregoing, those incidental expenses specifically itemized /n Appendix u oxo't be reimbursable by Public
Agency to Consultant, provided that Consultant submits copies of receipts and, if opplicaule, o detailed mileage tog to public
Anenc'' In no event xxo'l the total amount paid to Consultant exceed the payment tim,t(o) specified /n sec' 1(e) without
prior written approval of the Public xoencv' Consultant's billing statements shalt be submitted at convenient intervals
approved by Public Agency and shalt list, for each item of services, the employee categories, hours and rates. Payment wilt
be inade within thirty (30) days after receipt of each statement.
4. Status. The Consultant is an independent contractor, and shalt not be considered an employee of Public Agency-
10. Time for Cgmptetion. Unless the time is extended in writing by Public Agency, Consultant shalt complete all services covered
by this Agreement no tater than the Completion Date(s) listed above. Consultant shall not be responsible for delays caused
by circumstances beyond its reasonable control.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency, Consultant shalt retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period
of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency,
at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized
representatives of the state and federal governments, at a convenient location within Contra Costa County designated by Public
Agency, and without restriction or limitation on their use.
12. Documentation. Consultant shalt prepare and deliver to Public Agency at no additional charge, the items described in Appendix
A to document the performance of this Agreement and shalt 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.
14. Extra Work. Any work or services in addition to the work or services described in Appendix A shalt be performed by Consultant
according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type
of extra work, Consultant shalt 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. Payment Retention. Public Agency shalt retain ten percent (10%) of the monies due the Consultant as security for the
fulfillment of this Agreement. After the Consultant has completed all work under this Agreement, submitted final billing,
and the Public Agency has found the work to be accurate, the Public Agency wilt pay all withheld funds. Payment of withheld
funds will be made within thirty (30) days of completing this work and submittal of a final bitting. A retention wilt not
be withheld for any "on-call" work.
16. Termination by Public Agency. At its option, Public Agency shalt 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 shalt
be paid, without duplication, all amounts due for the services rendered up to the date of termination.
17. Abandorment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons
the project prior to completing all of the services described in this Agreement, Consultant shalt, 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.
18. Breach. In the event that Consultant faits to perform any of the services described in this Agreement or otherwise breaches
this Agreement, Public Agency shalt have the right to pursue all remedies provided by taw or equity. Any disputes relating
to the performance of this Agreement shalt not be subject to non-judicial arbitration. Any litigation involving this
Agreement or retating to the work shalt be brought in Contra Costa County, and Consultant hereby waives the removal provisions
of Code of Civil Procedure Section 344.
14. CgMtiance with Laws. In performing this Agreement, Consultant shalt comply with professional standards regarding all
applicable taws, statutes, ordinances, rules and regulations, whether federal, state or local in origin.
20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,
by operation of law or otherwise; provided, however, that Consultant shalt have the right to sub-contract that portion of
the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of
such subcontracting prior to execution of this Agreement. Any other purported assignment, transfer or sub-contracting shalt
be void.
21. Endorsement on Plans. Consultant shalt endorse all plans, specifications, estimates, reports and other items described in
Appendix A prior to delivering them to Public Agency.
22. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other person shalt 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 years from the date of execution of this Agreement, unless extended by operation of law or
otherwise.
23. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, Contra Costa County Public Works
Department, its/their governing bodies, 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 and due to, or claimed
or alleged to be due to, negligence or willful misconduct of Consultant, its officers, employees, agents, subconsultants,
or any person under its direction or 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 the indemnitees for any expenditures, including
reasonable attorney's fees, the indemnitees may make by reason of such matters and, if requested by any of the indemnitees,
will defend any such suits at the sole cost and expense of Consultant to the matters covered by this agreement to indemnify.
Consultant's obligations under this section shalt exist regardless of concurrent negligence or willful misconduct on the part
of the Public Agency or any other person; provided, however, that Consultant's obligation to indemnify shalt be limited to
the proportion of negligence or wittful misconduct attributable to Consultant, its subconsultants, or any person under
Consultant's direction or control.
24. Heirs. Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shalt inure to the benefit
of and bind the heirs, successors, executors, personal representatives and assigns of the parties.
25. Public Endorsements. Contractor shalt not in its capacity as a contractor with Public Agency publicly endorse or oppose the
use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board.
In its Public Agency Contractor capacity, Contractor shalt not publicly attribute qualities or lack of qualities to a
particular brand name or commerciat product in the absence of a wett-established and widely-accepted scientific basis for
such claims or without the prior approval of the Public Agency's governing board. In its Public Agency contractor capacity,
Contractor shalt not participate or appear in any commercially-produced advertisements designed to promote a particular brand
name or commercial product, even if Contractor is not publicly endorsing a product, as tong as the Contractor's presence in
the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency.
Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Public Agency's
governing board, its officers, or others who may be authorized by the Public Agency's governing board or by taw to receive
such views.
26. Project Personnel, in performing the services under this Agreement, Consultant shall use the personnel listed in Appendix
C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public
Agency's written consent, and Consultant shalt notify Public Agency in writing at least thirty (30) days in advance of any
proposed change. Any person proposed as a replacement shalt possess training, experience and credentials comparable to those
of the person being replaced.
27. Limitation of Liability. In accordance with California Civil Code §2782.5, Public Agency and Consultant have negotiated this
provision after discussing and understanding the relative benefits and risks of the work, alternatives available to Public
Agency, including modifying this provision in exchange for additional payments by Public Agency or seeking other consulting
services. To the fullest extent permitted by law, Public Agency agrees to limit the liability of Consultant, its officers,
employees and subconsultants to Public Agency, contractors and subcontractors, arising from Consultant's services on this
project such that the total aggregate liability, including costs of defense and attorneys shalt not exceed $50,000, or the
total fee for the services on this project, whichever is greater.
Attachments: Appendix A, Appendix B, Appendix C
Form approved by County Counsel (8/93)
g:\ctericat\CSA-TTE.t6
9
Mr. Steve Kersevan - 3 - March 15, 1995
Appendix A Scope of Work
Ralston Ave (Richmond) Traffic Study
Purpose: This study is to be performed to respond to neighborhood traffic concerns in the
Ralston Avenue area of unincorporated Contra Costa County adjacent to Richmond. The
primary concern is the through traffic using Ralston (along with Sonoma in Richmond and
Solano in the County) to cut off the corner created by McBryde and Arlington. The primary
questions to be answered are:
• What is the nature of the traffic currently using Ralston? Are the volumes and speeds
appropriate for neighborhoods adjacent to schools?
• If physical changes are made to the local streets that make Ralston less desirable than other
routes for through Arlington/McBryde traffic to take,then how would that traffic likely go?
Tasks:
I. Gather copies of existing traffic counts (from the City and County) and proposed
modifications. Get information relating to class sizes and times for the adult school.
2. Meet with the County, City, and selected representatives of the neighborhood to finalize
the scope of the study.
3. Coordinate with the County the obtaining of at least one week's worth of speed and traffic
count data using the County's radar trailer.
4. Obtain the plans for widening 1-80 in the neighborhood and expected changes in the traffic
patterns, if any.
5. Observe traffic patterns during the adult school hours, weekend afternoons, during the
peak weekday hours, and at selected other times.
6. Perform license plate surveys for traffic going between Arlington/Solano and Sonoma/
McBryde during at least four peak periods.
7. Time alternate routes for the potentially displaced traffic. Based on these travel times
predict what route(s) would likely be used and how much time would have to be added to
the Ralston route to cause drivers to use the alternate route(s).
8. Prepare a brief report characterizing the existing traffic patterns and the extent of traffic
pattern changes that would likely occur if through traffic were somehow diverted from
Ralston.
9. Meet with representatives of the neighborhood and City of Richmond to discuss the results
of the study.
Note that development and evaluation of specific geometric changes needed to make these
traffic pattern changes are not included as part of this scope.
PA6503TRORDOC
Mr. Steve Kersevan - 4 - March 15, 1995
Appendix B
TTE's Standard Billing Rates
TTE
THOMSON TRANSPORTATION ENGINEERS,INC.
BILLING RATES
EFFECTIVE JULY 25,1994
POSITION RATE/HR
Principal Traffic Engineer $150.00
Principal Transportation Engineer $120.00
Senior Transportation Engineer $100.00
Principal Transportation Planner $97.00
Associate Transportation Engineer $90.00
Assistant Transportation Engineer $65.00
Transportation Analyst/Technician $62.00
Technician/Designer $65.00
Word Processor $50.00
Field Technicians/Counters $33.00
CADD machine/CADD support charges Not direclty billed
Computer Services(CADD,Traffic Software,General Office Computers $7.50
Other direct costs at actual cost plus 10%administration fee include:
Outside plotting and reproduction
Travel(Tolls,Parking,Fares,Mileage at the current IRS allowed rate)
Special project supplies such as photos
C:LMANAGMNIIPERSONNEL[BILLRDEVXLS]BRI_Rates_Fos BIII_Rates_Pos 3/15/95 10:04:50
PA6S031PR0P.D0C
I
Mr. Steve Kersevan - 5 - March 15, 1995
Appendix C
List of Personnel
Ralston Ave (Richmond) Traffic Study
Project Manager: John A. Thomson,Jr.
Principal Traffic Engineer (Oversight): Eugenie P. Thomson
Project Engineers: Daniel P. Wilkins
Michael G. Thomas
Jon E. Fox
PA650WROP.DOC