HomeMy WebLinkAboutMINUTES - 02141995 - TC3 .G . 3
TO: BOARD OF SUPERVISORS
FROM: TRANSPORTATION COMMITTEE
DATE: February,.6, 1995
SUBJECT: Contract for Legislative Representation on Transportation and Related Matters.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to execute on behalf of the County a
contract with D. J. Smith and Associates during the period January 1, 1995 through December
31, 1995, in the amount of $36,000 for the purpose of providing the County with legislative
representation on transportation and related matters, as more particularly set forth in Appendix
A to the attached contract.
II. Financial Impact:
No impact to general fund; 100% funded by road funds.
III. Reasons for Recommendations and Background:
For a number of years, Contra Costa County has contracted with D. J. Smith to provide the
County with legislative representation in Sacramento on transportation and related matters. Mr.
Smith also provides such representation with administrative agencies in the State government.
The Public Works Director, Community Development Director and the Board's Transportation
Committee have negotiated a new scope of work for calendar year 1995 and have recommended
that the Board approve this contract.
Continued on Attachment:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
X RECOMMENDATION OF BOARD MITT
_APPROVE _OTHER
SIGNATURE(S): Jeff Smith Tom Torlakson
ACTION OF BOARD ON y ys APPROVED AS RECOMMENDED aC OTHER
i -T
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
thereby certify that this is a true and correct copy of
MMS:drg an action taken and entered on the minutes of the
g\admin\shiu\djsmith.bo Board of Supervisorsnq the date shown.1.9f_S
ATTESTED: 1-zfi2u...�,
Orig.Div: Public Works(Administration) PHIL BATCHELOR,Cie of the Board
Contact: Maurice nisihiu ation) 251) of Supervisors and County Administrator
cc: County Administrator �puh►
County Counsel By
Auditor-Controller
Public Works Director
Transportation Engineering
Community Development Director
D.J.Smith&Associates
�• CpN$ULTING Sf;9 ICES AGREEMENT 2�j�C/yS
1. Special Cdnditions. These Special Conditions are incorporated below by reference, —rc.J
(a) Public Agency: CONTRA COSTA COUNTY
(b) Consultant's Name&Address. D.J.SMITH
915 L Street,Suite 1440
Sacramento,CA 95314
(c) Project Name, Number&Location:Legislative Affairs Consultation
(d) Effective Date: January 1,1995 (e) Payment Limit(s): $ 6,000.00 (f) Completion Date(s): December 31,1995
(g) Liquidated Damages $-0-per day (h) Federal Taxpayer's I.D.or Social Security Number:
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTAN
By- J. Michael Walford
Public Works Director/ By:
Chief Engineer (Desigl 'pasiness)
Type o Buri ( o o _cify in 'p,government agency.partnership,corp.,atc.)
If Corporation,State of Incorporation: Cal 1 fnrni a
B By:
(Designate official capacity in the business)
/ By_
(Designate official capacity in the business)
Note to Consultnt 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.
CI RTIFICATE OF ACKNOWLEDGEMENT
State of California )
C-. ) ss.
County of- C i Ca�ti� t'q�)
On the date written below,before me,the undersigned Notary Public,personally appeared the parsohA signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evi nce) to be the person(A whose named subscribed to the within instrument and
acknowledged m me¢�executed the same i is authorized capacity(aeaj an 6 that b hi signature>'j on the instrument
the person feor the entity upon behalf of which the person(pr)acted,executed the instrument
WITNESS my hand and official seal. oFezczAL SEAL _� D
` rta L tribe
CALIFORNIA NOTARY PUBLIC �
kL{
/\ /
a,'O,
SACRAMENTO COUNTY Wary Public910y
Comm Expires Nov 11 1995
(Notary's Seal)
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 servicies
described herein,upon the terms and in consideration of the payments statod 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. Seoort Disclosure Section. Any document orwritten 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$5,000. When multiple documents or written reports are the subject or,
pnxducts of this agraonrioi ;the disdosure section may also contain a statement indicating that the total contract amount represents compensation:
for multiple documents or written reports_
7. JDsuonce. Consultant shall, at no cost to Public Agency,obtain and maintain during the tarns hereof; (a)Workers'Compensation Insurance
Pursuant to state law;(b)Professional Liability Insurance with minimum coverage of$ Comprehensive General Liability Insurance„
including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned and non-ownedl
vehicles,with a minimum combined single limit coverage of$500,000 person,and damage to property,including the loss of use thereof,arising
out of each accident or occurrence,and naming Public Agency, PUBLIC WORKS DEPARTMENT 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.
S_ P_aytrient Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix 6 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 B 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 dotal amount paid to Consultant exceed the payment;
limits)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
A,'n&Associates Consulting Services Agreement Page Two
Status. The Consultant is an independent contractor,and shall not be considered an employee of Public Agency,
Time for Completion. Urdess the time is extended in writing by Public Agency, Consultant shall complete all services covered by this Agreement
no later than the Completion Date(s)listed above.
11. Record RetenkM and Audibry. 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 AgreemeM 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. Documerdataot]. 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, Qwnefship of Documon , 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. ZkbaLftrk. 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 rete or charge is listed for a particular type of extra work, Consultant shall be paid for
the extra work at a rate to he 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 Ratgnt on. Public Agency shall retain ten percent(10%) of the monies due the Consultant as security for the fulfillment of this
Agreement After the Consultant has completad all work under this Agreement,submitted final billing,and the Public Agency has found the work
to be accurate,the Public Agency will pay all withheld funds. Payment of withheld funds will be made within thirty(30)days of completing this
work and submittal of a final billing. A retention will not be withheld for any"on-call"work.
1s. Termination by Public Agency. At its option.Public Agency shall have the right to terminate this Agreement at any time by written noticeto
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 data of termination.
17. Abandonment by Coltsultant. 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 ail 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. Bryq . In the event that Consultant faits 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 disputeg Relating to the Performance of this Agreement shall
not be subject to nonyudi ial 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.
19. with Laws.-In performing this Agreement Consultant shall oomply 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 Consultant,shall have the right to subLcontract 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 Plam% Consultant shall 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 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.
Attachments:Appendix A,Appendix B
Form approved by County Counsel(a/93)
GIADMI MSHI U:DJSMITH.CSA
12127/94
6
Smith T Kempton
Consulting and Governmental Relations
Appendix "A"
AGREEMENT
THIS AGREEMENT entered into as of the date hereinafter specified
by and between SMITH & KEMPTON (hereinafter referred to as S&K)
and Contra Costa County (hereinafter referred to as the COUNTY) .
WHEREAS, the COUNTY wishes to engage S&K 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. S&K shall provide state legislative monitoring and
advocacy in the areas of growth management,
infrastructure finance, transportation finance, public
works contracting and administrative issues, including,
but not limited to, goals stated in Attachment B to
this agreement.
2. S&K shall continue to work closely to assist Public
Works regarding their role in financing and
implementing important transportation projects in
Contra Costa County.
3. S&K shall facilitate COUNTY sponsorship of legislation
that would allow broader uses of development oriented
fees on area-wide transportation infrastructure
facilities.
4. S&K shall assist the COUNTY in developing a
comprehensive rail transit oriented program for
congestion relief including work with all appropriate
political jurisdictions of Solano, Contra Costa and
Alameda counties.
5. S&K shall facilitate and coordinate the transportation
and growth management activities of the 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.
915 L Street, Suite 1440 Sacramento, CA 95814 ,
Telephone (916) 446-5508 FAX (916) 446-1499
6. The COUNTY hereby designates S&K 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. S&K shall receive day to day supervision regarding the
COUNTY's interests in this contract from J. Michael
Walford, Public Works Director, or his specified
alternate in his absence, and shall fully coordinate
legislative positions with Claude Van Marter, Assistant
County Administrator. S&K shall provide the COUNTY
with periodic update of the implementation of the work
program. At least once every three months, S&K shall
present the status of their work program to the Board
of Supervisors, Transportation Committee.
8. S&K 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 them by applicable
law in a timely manner in connection with any
representation work for the COUNTY. S&K shall furnish
all necessary information and assist the COUNTY by
filing all report required of it and them by applicable
law in a timely manner.
9. The parties recognize that S&K 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. S&K 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. S&K 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.
w
11. The COUNTY shall pay S&K the sum of $3 , 000 per month on
January 1, 1995, 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 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,
1995, and be subject to renewal between the parties on
December 31, 1995.
J. Michael Walford ith
Director, Public Works '/-dent
Contra Costa County S ith & Kempton
255 Glacier Dr. 9 5 L Street, Suite 1440
Martinez, CA 94553 Sacramento, CA 95814
Date: Date:
r
Appendix "B"
1995 STATE LEGISLATIVE AND ADMINISTRATIVE CONSULTATION GOALS
Protect current County transportation funding levels, including
active involvement on behalf of the County in any statewide
transportation funding proposals that may be developed through
the Legislature or by others for consideration by voters in a
referendum.
Protect toll bridge funds for delivery of the Benicia Bridge and
Carquinez Bridge projects as mandated by Regional Measure and
monitor all toll bridge legislation.
Assist in developing an expenditure plan in anticipation of toll
increases on the North Bay bridges.
Monitor developments at the metropolitan planning organizations
level as well as at Caltrans and State legislative level to
ensure that County interests are not being compromised in the
formulation of the 1996 Federal Transportation Authorization Act.
Monitor the Metropolitan Transportation Commission legislation,
including the program to implement a regional gasoline tax.
Monitor the development of the Californians for Better
Transportation's Transportation Consensus Project.
Evaluate and develop County's response to the-proposal by the
consulting engineers to allow all County Transportation
Commissions to use toll financing to construct major highway
projects.
Monitor all Public Works and Transportation related legislation.
Coordinate with the County's legislative representative on other
legislative issues especially in the areas of growth management,
economic development and land development.
Seek funding for a countywide bicycle coordinator, the
development of a countywide bicycle plan, and model development
site planning guidelines to promote non-motorized transportation.
Assist in formulating County's strategy to deal with the Mid-
state Tollway project in light of the County's adopted position
of not supporting the project.
Coordinate with the Public Works and Community Development
Departments on the finance and development processes for
infrastructure improvements in Eastern Contra Costa County.
e
Seek legislation to clarify the Subdivision Map Act definition of
major thoroughfare to include state highways.
If needed, coordinate with other local agencies to seek
legislation to mandate project review turnaround time in
Caltrans' Local Assistance Program.
e