HomeMy WebLinkAboutMINUTES - 12141999 - C38 JO: BOARD OF SUPERVISORS .38.1
FROM: TRANSPORTATION WATER AND INFRASTRUCTURE COMMITTEE
DATE: December 6, 1999
SUBJECT: Report on 'Transportation Legislation Program for 2000 and Contract for Legislative
Representation on Transportation and Related Matters
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. APPROVE the Transportation Legislation Program for 2000;
2. REAFFIRM the Board's referral to the Transportation Water and Infrastructure
Committee of all transportation related legislative matters for review and
recommendation;
3. AUTHORIZE Supervisor Gerber and Supervisor DeSaulnier to meet with
representatives of school districts and other interested parties during 2000 to identify
actions, in addition to state legislation, that can alleviate traffic congestion related to
school transportation; and
4. AUTHORIZE the Director of Public Works to execute a consulting services agreement
for transportation related legislation representation with Smith & Kempton for the 2000
calendar year (see Exhibit A).
II. Financial Impac :
No impact to general fund, 100% funded by road funds.
111111. Reasons for Recommendations and Background:
A two-year state legislative cycle, which began in 1999, is continuing into 2000. In order for
the Board of Supervisors to respond to proposed legislation in a timely manner, it is
Continued on Attachment: /
RECOMMENDATION OF COUNTY ADMINISTRATOR / RECOMMENDATION OF BOARD COMMITTEE
APPROVE THER
SIGNATURE(S): Donna Ger"e Chair %ark r)&Saulnier
ACTION OF BOARD ON December 14, 1999 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
UNANIMOUSJABSENT - - - - - -
AYES: NOES:
ABSENT: ABSTAIN:
SG:pr:mlk
s:\adv-tran\,goetz\marjorie\s&Mbo.wpd I hereby certify that this is a true and correct copy of
Orig.Div: Public Works(Administration) an action taken and entered on the minutes of the
Contact: Maurice Shiu(313-2251) Board of Supervisors on the date shown.
cc: County Administrator ATTESTED: December 14, 1999
County Counsel PHIL BATCHELOR,Clerk of the Board
Auditor-Controller
Public Works Director of Supervis s County Administrator
Transportation Engineering
Community Development Director
Smith&Kempton B Deputy
980 Ninth Street,Suite 1560
Sacramento, CA 95814
Regional Transportation Planning Committees(via CDD)
Transportation Legislation Program for 2000 and Related Matters
Page Two
December 6, 1999
III. Reasons for Recommendations and Background (continued):
recommended that Board continue its policy of referring all transportation related legislative
matters to the Transportation, Water and Infrastructure Committee. The Committee further
recommends that the Board adopt the Contra Costa County Transportation Legislation
Program for 2000 to guide the Committee's legislative activities (Included as Appendix C to
Exhibit A)
Supervisors Gerber and DeSaulnier further request authorization from the Board to continue
to work on school transportation issues. As part of the Committee's discussion on legislation,
potential legislation to support school transportation was investigated. This investigation
requires additional work and Supervisors Gerber and DeSaulnier would like to continue to do
so on behalf of the Board of Supervisors. This investigation would occur during 2000,
separate from the Committee's activities. Supervisor Gerber and DeSaulnier will report back
to the Transportation, Water and Infrastructure Committee regarding the results of their
investigation into potential actions to alleviate school-related traffic congestion.
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 (CCTA). A contract with Smith & Kempton will result in cost savings on issues that
are common with the CCTA. The Public Works Director, Community Development Director
and the Board's Transportation, Water and Infrastructure Committee have negotiated a new
scope of work for calendar year 2000 and recommend that the Board approve this contract
(see Exhibit A).
y el 3�
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 Appendix C 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 Costa Transportation 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 Water and Infrastructure 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, plus chargeable
expenses, up to a maximum of 30 hours per month, upon receipt of an invoice.
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, 2000, and be subject to
renewal between the parties on December 31, 2000.
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:
:d
g\admin\sh iu\s&k\exa2000.wpd
11/25/97
APPENDIX "B"
The Contract is effective January 1, 2000 and terminates December 31, 2000. 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.
'e.7r
APPENDIX "C"
CONTRA COSTA COUNTY
Transportation Legislation Program for 2000
The County's Long Term Transportation Legislative Goal
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 actions
and programs to meet the transportation needs implicit in the General Plan's vision. The
General Plan is also the central policy 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 or
funds, consequently we need to continually explore the feasibility of legislation that can
aid implementation of the Transportation and Circulation Element.
Transportation Legislative Goals for 2000
1. Monitor state legislation 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 the following:
2. State support for the County's interregional corridors, particularly safety improvements
for Vasco Road (State Route 84) and Byron Highway (State Route 239), consistent with
local protections against growth inducement.
3. State transportation finance reform that includes additional funds for local street and
road maintenance.
4. State incentives or requirements for "Smart Growth" planning.
5. Revisions to the state bicycle planning requirements that will allow cities and counties
to use alternative planning documents for the State Bicycle Transportation Account
Program.
6. State support for meeting the needs of transporting elementary and secondary students
to school.
7. State support for various local transportation improvements that fit individual funding
opportunities.
8. State support to provide better transportation alternatives in urban areas.
EXHIBIT "A"
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#0676-6P4149
(d) Effective Date: January 1,2000 (e) Payment Limit(s):$38,000.00 (f) Completion Date(s):December 31,2000
(g) Federal Taxpayer's I.D.or Social Security Number:68-0403-323
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: J.Michael Walford
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 chair 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,Contra Costa County, its/their governing bodies,officers and employees as additional insureds. Consultant shall
promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of
policy lapse,cancellation or material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix 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 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 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. °
billing,
aGGUFate1
the Publer.AgeRGY W411 pay all withheld fuF;ds. PUIDIOG AgeRGY Will pay withheld fuRds on aGGGFdaF;Ge with the FequffiFements of Givil Code
"OR-Gall" .
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. Subcontracting. 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, ,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.
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)
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December 6, 1999