HomeMy WebLinkAboutMINUTES - 02251992 - 1.75 TO: BOARD OF SUPERVISORS aE.....,
Phil Batchelor, County. Administrator
Contra
FROM: -' Costa
n.
February 24, 1992 °s County
DATE: CONTRACT FOR LEGISLATIVE REPRESENTATION ON TRANSPOAND
SUBJECT: RELATED MATTERS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Approve and authorize the County Administrator to execute on behalf
of the County a contract with D.J. Smith & Associates during the
period January 1, 1992 through December 31, 1992, in the amount of
$36 ,000 for the purpose of providing the County with legislative
representation on transportation and related matters, as more
particularly set forth in Appendix A to the attached contract.
BACKGROUND:
For a number of years, Contra Costa County has contracted with D.J.
Smith to provide the County with legislative representation in
Sacramento on transportation and related matters .. Mr. Smith also
provides such representation with administrative agencies in the
State government. The Public Works Director and Community
Development Director have negotiated a new scope of work for
calendar year 1992 and have recommended that the Board approve this
contract.
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE __OTHER
SIGNATURE (S): 6*'�
ACTION OF BOARD ON— Febc- 1r ry 15-, 1991. APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
—4 UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC:
County. Administrator 5-
County Counsel ATTESTED
Auditor-Controller PHIL BATCHELOR,CLEA OF THE BOARD OF
Public Works Director SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Director
D.J. Smith, D.J. Smith & Associates
M382 (10/88) BY ,DEPUTY
f CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County
(b) Consultant's Name & Address: D. J. Smith & Associates
915 L Street Suite 1440
Sacramento CA 95814
(c) Project Name, Number & Location: Transportation.Consultation and Legislative Affairs.
(d) Effective Date: January 1, 1992 (e) Payment Limit: $36,000 (f) Completion Date: December 31, 1992
(g) Liquidated Damages: $ 0.0 per day
(h) Federal Taxpayer's I.D. or Social Security Number: 94-2774302
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: J. Michael Watford
Public Works Director/ By:
Chief Engineer ( ap ty in the business
ype -6f Busine s (sole proprietorship, government
partnershi orporation, etc.)
If grporation, State f Incorporation:
By: By:
esignate officiar capacityi he business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman
of the board, president or vice-president; 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 ACKNOWLEDGEMENT
State of California )
County of S0.-0-MAAA JO ss.
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant,
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.
WITNESS my hand and official seal.
Dated:
eJ Notary Publi
OFFICIAL SEAL
(Notary's Seal) : ® ANNE M. NAMES
o NOTARYPUBLIC CALIM 02yFyO�RNIA
3. Parties. Effective on the abov a evoboxeR l eb�'i895 Agency and Consultant mutually agree and promise as follows:
4. Employment. Public Agency hereby employs Consultant, and onsultant 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 as 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 that 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; (b) Professional Liability Insurance with minimum coverage of $ 0.00
and a maximum deductible of S 0.00 ; and (c) 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 combined single limit coverage of $ 1,000,000 for alt 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, Contra Costa County , its/their governing bodies, officers and employees
as additional insureds. Consultant shall promptly furnish to Public Agency certi.ficates 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 B attached
hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed.
Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix 8 shall be reimbursable by Public
Agency to Consultant, provided that Consultant submits copies of receipts and, if applicable, a detailed mileage log to Public !
Agency. In no event shall the total amount paid to Consultant exceed the payment limit specified in Sec. ;1(e) without prior
written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient ,intervals approved
by Public'Agency and shall list, for each item of services, the employee categories, hours and rates. 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 PublicjAgency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall complete al!l services covered
by this Agreement no later than' the Completion Date listed above.
11. Record Retention and Auditing. 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 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 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, specific'at;ions, reports, and
maps, prepared or.obtained in t:he 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.
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X14. @xtra 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 B. In the event that no rate or charge is listed for 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. Liquidated Damages. The parties to this Agreement agree that, in the event that the services described ;in this Agreement
are not completed on time, Public Agency will sustain damage and that it will be impracticable and extremely difficult to
ascertain the actual damage which Public Agency will sustain. In the event that Consultant fails to complete all of the
services described in this Agreement on or before the Completion Date listed in Section 1 above, or within the period of any
authorized extension, Consultant shall pay as and for liquidated damages, the sum listed in Section 1 abovefor each calendar
day that completion is delayed.
16. 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 7not 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.
17. Abandonment 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 shall, without delay, deliver
to Public Agency all materials and records prepared or obtained in the performance of this Agreement, andishall 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.
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18. 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 atl remedies provided by law or equity. Any disputes relating
to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this
Agreement or relating to the work shall be brought in Contra Costa County, and Consultant hereby waives the removal provisions
of Code of Civil Procedure Section 394.
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19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, 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 Consuttant shall 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 shall
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. i
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22. 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 years from the date of execution of this Agreement, unless extended by operation of law or
otherwise.
USE THE FOLLOWING PARAGRAPH FOR DESIGN, SOILS OR ENVIRONMENTAL WORK
23. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency,
, its/their governing bodies, officers and employees from any and all claims, costs and M ability 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. Consultant'siobligations under
this section shall 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 shall be limited to the proportion of negligence
or willful misconduct attributable to Consultant, its subconsultants, or any person under Consultant's direction or control.
USE THE FOLLOWING PARAGRAPH FOR ALL OTHER CSA's
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23. Indemnification. .Consultant shall defend, indemnify, save and hold harmless Public Agency,
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.
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24. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit
of and bind the heirs, successors, executors, personal representatives and assigns of the parties.
25. Public Endorsements. Contractor shall 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 shall not publicly attribute qualities or lack of qualities to a
particular brand name or commercial product in the absence of a well-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 shall 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 Long 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 law to receive
such views.
26. Proiect 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 shall notify Public Agency in writing at least thirty (30) days 1 n 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.
Attachments: Appendix A, Appendix B, Appendix C
Form approved by County Counsel (11/91)
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APPENDIX A
A G R E E M E N T
THIS AGREEMENT entered into as of the date hereinafter
specified by and between D. J. SMITH & ASSOCIATES (hereinafter
referred to as SMITH) and CONTRA COSTA COUNTY (hereinafter referred
as the COUNTY) .
WHEREAS, the COUNTY wishes to engage SMITH to provide
professional services, legislative monitoring, and advocacy in the
areas of growth management, infrastructure finance, transportation
finance, public works contracting and administrative issues in.
relation to the State Legislature, State executive and regulatory
agencies.
NOW, THEREFORE the parties hereto do mutually agree to the
following terms and conditions:
1. SMITH shall provide state legislative monitoring and
advocacy in the areas of growth management, infrastructure finance,
community development, redevelopment, ' transportation finance,
public works contracting and administrative issues, including but
not limited to goals stated in Attachment A to this agreement.
2 . SMITH shall continue to work closely to assist Public
Works regarding their role in financing and implementing the State
Route 4 improvement project.
3 . SMITH shall facilitate County sponsorship of legislation
that would allow broader uses of development oriented fees on area-
wide transportation infrastructure facilities.
4 . SMITH shall assist the COUNTY in developing a.
comprehensive rail transit oriented program for congestion relief
in the I-80 and I-680 Corridors, including work with all
appropriate political jurisdictions of Solano, Contra Costa and
Alameda Counties.
5. SMITH shall facilitate and coordinate the transportation
and growth management' activities of the new Contra Costa
Transportation Authority (CCTA) with those of Contra Costa County
to ensure that County Public Works, County Community Development
and CCTA develop effective, fully coordinated and complementary
policies and programs.
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6. THE COUNTY hereby designates SMITH to act as its
representative with various State government committees,
commissions, and persons involved in governmental affairs affecting
the COUNTY's interest in Sections 1 through 5 above. Such
representation may include legislative advocacy as directed by the
COUNTY.
7. SMITH shall receive day to day supervision regarding the
COUNTY' s interests in this contract from Harvey Bragdon, Director
of Community Development, and J. Michael Walford, Public Works
Director, or their specified alternate in their absence, and shall
fully coordinate legislative positions with Claude Van Marter,
Assistant County Administrator.
8. SMITH shall perform the foregoing services in full
compliance with applicable laws, rules, and regulations, and shall,
in cooperation with the COUNTY, file all reports required of it and
him by applicable law in a timely manner in connection with any
representation work for the COUNTY. SMITH shall furnish all
necessary information and assist the COUNTY in filing all reports
required of it and him by applicable law in a timely manner.
9 . The parties recognize that SMITH has other clients for
which it may perform services similar to those provided for herein.,
and may find from time to time that the interests of various such
clients may conflict with the interests of the County. SMITH shall
advise the COUNTY of all such instances wherein there is a conflict
between the interests of the COUNTY and the interests of one or
more of its other clients, and in each and every such instance
agrees that it shall not take any action on behalf of the COUNTY or
such other client or clients without the consent of the COUNTY.
10. SMITH agrees that it will not disclose any confidential
information regarding the COUNTY, or its current or former
employees, that it has obtained or will obtain, either directly or
indirectly, without the consent of the COUNTY.
11. The COUNTY shall pay SMITH the sum of $3 , 000 per month on
January 1, 1992 , on the first day of each month, plus chargeable
expenses, up to a maximum of 30 hours per month. Upon prior
approval of the COUNTY, work performed in any given month in excess
of 30 hours per month shall be reimbursed on an hourly basis by the
COUNTY -at a rate of $100 per hour. Chargeable expenses for the
purpose of this agreement shall include reasonable and necessary
expenses directly related to the interests of the
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COUNTY and travel outside the Sacramento area, including meals and
lodging while engaged in such travel, and shall not include
ordinary office overhead.
12 . The term of this agreement shall commence January 1,
1992 , and be subject to renewal between the parties on December 31,
1992 .
Harvey Bragdon J. Michael Walford
Director, Community Development Public Works Director
Contra Costa County Contra Costa County
651 Pine Street 4th Floor 255 Glacier Drive
Martinez, California 94553 Martinez, California 94553
DATE• . DATE•
D. J. .Smi - --
Presid-ent
D. J. Smith Associates, Inc.
915 L Street, Suite 1440
Sacramento, California 95814
DATE. ' !,
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APPENDIX B
GOALS
Protect current funding levels for transportation programs.
Speed up delivery of State Route 4 and BARTD extension project and assure the County's share of
TO funds for the extension.
Assist in formulating a strategy and implement that strategy to resolve the 1-80 and 1-680 corridor
congestion problems, which may include developing a program to respond to MTC's Toll increase
proposals in the North Bay bridges.
Assist in formulating a strategy to deal with the Mid-State Tollway Project.
Assist in negotiating an agreement with the Mid-State Tollway developer.
Protect toll bridge funds for delivery of the Benicia Bridge and Carquinez Bridge and monitor all toll
bridge legislation, such as SB 210.
Seek funding and assist in the planning for the Contra Costa County's commuter rail program,
including advice relative to the Commuter Rail planning effort funded by the Petroleum Violation Escrow
Account funds obtained by the County last year. Monitor AB 1210 and AB 780.
Promote legislation to fund the reconstruction of 1-880, 1-280,the Embarcadero freeway and the seismic
retrofit program outside of the current State Highway Account.
Monitor and promote the County's interest in the State and MTC's legislative proposals to implement
the Federal Surface Transportation Re-authorization Bill of 1991.
Monitor Metropolitan Transportation Commission legislation, including legislative authorization for its
Transportation Control Measures.
Monitor developer fee legislation.
Monitor privatization legislation.
Monitor clean up legislation for Prop 111.
Monitor transportation planning legislation.
Monitor competitive bidding legislation..
Monitor truck traffic, freeway incident management, etc., legislation.
Monitor engineering, soil report and land surveying legislation.
Monitor air quality legislation, judicial actions and regulatory activities, as it affects transportation
planning and development.
Coordinate with the County's general legislative representative other legislative issues especially those
related to Growth Management and regional governments.
MMS:eh
c:AppendixAJ12