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HomeMy WebLinkAboutMINUTES - 12161997 - C116 Contra TO: BOARD OF SUPERVISORS Costa r A a - FROM: TRANSPORTATION COMMITTEE County DATE: DECEMBER 1, 1997 SUBJECT: CONTRACT FOR LEGISLATIVE REPRESENTATION ON TRANSPORTATION AND RELATED MATTERS. Project #0676-6P4149 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. APPROVE the Transportation Legislative Program for 1998 (see Appendix C of Exhibit A) 2. REAFFIRM the Boards referral to the Transportation Committee of all transportation related legislative matters for review and recommendations. 3. AUTHORIZE the Director of Public Works to execute a consulting services agreement for transportation related legislative representation with Smith and Kempton for the 1998 calendar year. FISCAL IMPACT No impact to general fund, 100% funded by road funds. CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): Donna Gerb r eshlaiamiIIa ACTION OF BOARD ON 1A -/!e -/9`L'Z APPROV AS RECOMMENDED ZOTHER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AUNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Maurice Shiu, PW(510/313-2251) ATTESTED cc: Community Development Department (CDD) PHIL BATCHELOR, CLER OF County Administrator THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor-Controller Public Works Director _ Transportation Engineering BY , DEPUTY Smith & Kempton, via CDD EV/:aw JAevova\s&k98.bo r,/k Contract for Legislative Representation on Transportation and Related Matters December 1, 1997 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS For a number of years, Contra Costa County has contracted with Smith & Kempton to provide the County with legislative representation in Sacramento on transportation and related matters. Smith & Kempton also provide similar services to the Contra Costa Transportation Authority. A contract with Smith & Kempton will result in cost savings on issues that are common with the Authority. The Public Works Director, Community Development Director and the Board's Transportation Committee have negotiated a new scope of work for calendar year 1998 and have recommended that the Board approve this contract. (See Exhibit A) j:\evova\S&K98.bo 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: Smith&Kempton 980 Ninth Street,Suite 1560 Sacramento,CA 95814 (c) Project Name, Number&Location: Legislative Affairs Consultation. Project 00676.6P4149 (d) Effective Date: January 1,1898 (e) Payment Limit(s): $38,000.00 (f) Completion Date(s): December 31,1998 (g) Federal Taxpayer's I.D.or Social Security Number: 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT By: J. Michael Watford Public Works Director/ By: Chief Engineer (Designate official capacity in the business Type of Business: (sole proprietorship,government agency,partnership,corporation,etc.) If Corporation,State of Incorporation: By: By: (Designate official capacity in the 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 ACKNOWLEDGMENT State of California ) ss. County of ) On the date written below,before me, personally appeared(insert name and title of the officer) 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: Notary Public (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 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$5,000. When multiple documents or written reports are the subject or products of this agreement,the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof: (a)Workers'Compensation Insurance pursuant to state law,(b)Professional Liability Insurance with minimum coverage of$ and a maximum deductible of$ ;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$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, ,its/tieir 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 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 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 total amount paid to Consultant exceed the payment limit(s)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. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor,and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless 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 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 fumish 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 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 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. Payment Retention. . Me 0 oe Gei suits.t Ims eompleted a"work umder this Agreemieft submifted fi is'billimg,emd the PubHe Agemey has found the work to be acettrate, 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 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. 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, 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 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 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. 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.This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 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 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 Subcontractina. All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans. Consultant shall endorse all plans, specifications,estimates, reports and other items described in Appendix A prior to delivering them to Public Agency,and where appropriate,indicate his/her registration number. 23. 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. 24. Indemnification. Consultant shall defend, indemnify,save and hold harmless Public Agency, Wtheir 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. 25. 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. 26. 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. 27. 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 shall notify Public Agency 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. Attachments:Appendix A,Appendix B,Appendix C Form approved by County Counsel(2/96) g:%adminlshiuls&kcsa98.wpd 11/25/97 APPENDIX "A" 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 as COUNTY). WHEREAS, 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, planning and zoning, community development and redevelopment, energy restructuring, and associated administrative issues in relation the State legislative, 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, planning and zoning, public works contracting, community development and redevelopment, energy restructuring and associated 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 continue assistance to 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. 4. S&K shall facilitate and coordinate the transportation and growth management activities of the Contra CostaTransportation Authority (CCTA) with those of Contra Costa County to ensure the County Public Works, County Community Development and CCTA develop effective, fully coordinated and complimentary programs. 5. COUNTY hereby designates S&K to act as its representative with various State government committees, commissions, and persons involved in governmental affairs affecting COUNTY's interest in Section 1 through 4 above. Such representation may include legislative advocacy as directed by COUNTY. 6. S&K shall receive day to day supervision regarding 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 COUNTY with periodic updates 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 orally or in writing. 7. S&K shall perform the foregoing services in full compliance with applicable laws, rules and regulations, and shall, in cooperation with COUNTY, file all reports required of it and them by applicable law in a timely manner in connection with any representation work for COUNTY. S&K shall furnish all necessary information and assist COUNTY in filing all reports required of it and them by applicable law in a timely manner. 8. The parties recognize that S&K has other clients for which it may perform services similar to those provide for herein, and may find from, time to time, that the interests of various such clients may conflict with the interests of COUNTY. S&K shall advise COUNTY of all such instances wherein there is a conflict between the interest of COUNTY and the interests of one or more if its other clients, and in each and every such instance agrees that it shall not take any action on behalf of COUNTY or other such client or clients without the consent of COUNTY. 9. S&K agrees that it will not disclose any confidential information regarding COUNTY, or its current or former employees, that it has obtained or will obtain, either directly or indirectly, without the consent of COUNTY. 10. COUNTY shall pay S&K the sum.of $3,000 per month on January 1, 1998, on the first day of each month, plus chargeable expenses, up to a maximum of 30 hours per month. Upon prior approval of COUNTY, work performed in any given month in excess of 30 hours per month shall be reimbursed on an hourly basis by COUNTY at a rate of$150/hour. Chargeable expenses for the purpose of this agreement shall include reasonable and necessary expenses directly related to the interests of COUNTY and travel outside the Sacramento area, including meals and lodging while negated in such travel, and shall not include ordinary office overhead. 11. The term of this agreement shall commence January 1, 1998, and be subject to renewal between the parties on December 31, 1998. J. Michael Walford D. J. Smith Director, Public Works President Contra Costa County Smith & Kempton 255 Glacier Dr. 980 Ninth Street, Suite 1560 Martinez, CA 94553 Sacrament, CA 95814 Date: Date: Arg gladmin\shiu\s&kexa98.wpd 1125/97 APPENDIX B The Contract is effective January 1, 1998 and terminates December 31, 1998. The payment limit on the contract is $38,000, including a flat payment of $3,000 per month (which is not to exceed thirty (30) hours of work per month), plus actual and necessary expenses not to exceed $2,000 per year. Services required in addition to 30 hours per month can be reimbursed at a rate of$150 per hour with prior approval by the County. APPENDIX-C CONTRA COSTA COUNTY Transportation Legislative Program for 1998 The County's Long Term Legislative Goals The Contra Costa County General Plan presents the County's long-range vision of its future. The Transportation and Circulation Element of the General Plan identifies the actions and programs needed to meet the transportation needs implicit in the General Plan's vision. The County General Plan is also the central polic y document that guides the transportation planning activities of the Community Development and Public Works departments, including advocacy for legislation. The cost of building and maintaining the transportation improvements identified in the General Plan exceeds anticipated available revenues; consequently we need to continually explore the feasibility of new legislation that can aid implementation of the circulation element.. 1. Toll Roads Monitor legislation and administrative actions related to the state's franchise agreement with the California Toll Road Company. Assist in organizing a meeting of legislative leaders, MTC officials and county representatives to review the status of the Mid-State Tollway project and possible future actions after January 1 , 2001. 2. Senate Bill 45 Monitor developments related to state transportation improvement programming and advise the County on setting improvement priorities for next STIP cycle. Advise on the development of guidelines including the definitions of funding categories and the ramifications on the County's transportation projects and programs. Advocate for County projects at the state level. 3. Congestion Management Program Explore, in conjunction with the Contra Costa Transportation Authority, possible legislation for merging CMP requirements with the County's Measure C Growth Management Program, possibly by removing the penalties of the CMP (preparation of deficiency plans, withholding of gas tax revenues), since sanctions would still exist under Measure C. 4. Transportation Fund for Clean Air Monitor any proposed legislation related to the Transportation Fund for Clean Air, which is administered by the Bay Area Air Quality Management District. Advise on the possibility of integrating this program more closely with other Bay Area transportation planning and programming efforts, possibly under the umbrella of the Bay Area Partnership. 5. Welfare Reform Support legislation that provides additional funding to social service agencies to augment existing transportation services, as required for welfare to work programs. 1998 Legislative Program Page 2 6. Proposition 218 (The Right to Vote on Taxes Initiative) Explore with the homebuilding industry, the California League of Cities and the County Supervisors Association of California the feasibility of legislation to allow a petition of property owners of an affected area to join an assessment district, form a district, or set an annual assessment, if such action is required as a condition of development approval. 7. Railroad Safety Advise the County on how regulatory agencies can help ensure safer railroad operations in the County. 8. Vanpool Liability Advise the County on legislative options for limiting its liability exposure related to the operation of employee vanpools. 9. Underground Utility Districts Support legislation or amendment of PUC Rule 20A to allow use of up to 3% of these funds for local agency administration of underground utility districts. 10. Corner Records Support legislation to include the costs of reviewing and filing of corner records as an eligible use of monument preservation funds. 11. Grant Opportunities Advocate for and assist the County in pursuing funding opportunities, including the Petroleum Violation Escrow Account. ITEMS CARRIED OVER FROM 1997 PROGRAM 1. Support legislation to establish a special motor vehicle license plate promoting bicycling, with the proceeds going to the state Bicycle Lane Account. 2. Seek legislation clarifying the Subdivision Map Act definition of major thoroughfare to include state highways and expand eligible uses of area of benefit fees to include- bikeways, ncludebikeways, park and ride lots and other alternative transportation facilities. 3. Support legislation that gives priority in funding housing projects that enhance transit based development that is served by fixed guideway transit systems.