HomeMy WebLinkAboutMINUTES - 02091993 - TC.2 Contra
TO: BOARD OF SUPERVISORS Costa
FROM: Transportation Committee'
i ri J� County .
DATE: February 9, 1993
SUBJECT: Contract for Legislative Representation on Transportation and Related
Matters
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve and authorize the County Administrator to execute on behalf
of the County a contract with D.J. Smith and Associates during the
period January 1, 1993 through December 31, 1993 , 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.
FISCAL IMPACT
No impact to General Fund, 100% of contract funded by the Road
Fund.
BACKGROUNDZREASONS FOR RECOMMENDATIONS
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 1993 and have recommended that the Board approve this
contract. The Board' s Transportation Committee concurs with this
recommendation.
CONTINUED ON ATTACHMENT: XX YES , SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR XX RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : To Powers Gayl Bishop
ACTION OF BOARD ON February 9 , 1993 APPROVED AS RECOMMENDED Y OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_ UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
;Orig: Community Development DepartmentATTESTED February 9 , 1993
Contact Person, Maurice Shiu, 3-2251
cc: County Administrator PHIL BATCHELOR, CLERK OF
County Counsel THE- BOARD OF SUPERVISORS
Auditor-ControllerCOUN ADMINISTRATOR
Public Works Director A71
Community Development Director BY_46��
, DEPUTY
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D.J. Smith, D.J. Smith & Associates
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CONSULTING $MILES AGREIE�T
i. social 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
(a) Prajeat Nam, Number 4 Lacaticn: Tran&partat�as e.u%&mJ.tat;,ws 6+'4 i,:sialali.v Aifai.a.
(d) Effective Data_ January 1, 1443 (o) Onymont Limit: 136,000 (f) Complotion Dotoo Docombop 11, 10M
(g) Liquidated Damages: SO.O per day
(h) Federal Taxpayer's I.D. or social security Number: 94-2774302
2. Signatures_. These Signatures attest the partiest agreement hereto:
PUBLIC AGENCY CONSULTANT \
Contra Costa County By:
ig a ficial apacity in the business
Type iness tso proprietorship, government agency, partnership,
cc tion,
r 1
If Corporation, state of Incorporation:
By: By: P/-e S/'1
(Designate cfficiat capacity in tha husinnsri)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature Mgt be that of the chairman
U? 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.
CERTif1CATE OF ACKNOWLEDGE14ENT
State of California )
County of -a 0—LCL Mf.,/�
on the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing a or Consultant,
personally known to me (or proved to me on the basis satisfactory evidence) to be th rson(O whose name( is subscribed
to the within instrument and acknowledged to me that he ahefohey executed the Satpe it herf�keir authorised capacity(�s), and
that r signature(s3 on the instrument the person(e), or the entity upon behalf of which thepersons) acted, exeouted
the instrument.
WITNESS my hand and official seat.
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Dated: l r i [ 3 �CI W."'TA
=Frll
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Notary Public eRNIA(Notary's Seal) TY t9gs
3, a ties. Effective on the above date, the above-namad Public Agency and Consultant mutuaLly agree and promise as follows:
4. Employment. Public Agency hereby employs consultant, and Cojauttaot aztepts tw.t, thip(vyownt, to perfvnn the prvfrssivrwl
services described herein, upon the terms and in consideration of the payments stated herein.
5. Stupe of Sprvicp. Scgv of nprvirp AhAll hp 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 &ap&rata &aetian, tha nuadmra a1w) dollar of thib v,Mjt„ln.t a.nl oil aulr.,nll.at.ta ivLaLi11V
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. Xnsurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the tens hereof: (a) Workersi
compensation insurance pursuant to state law; tb) Professional Liability insurance with minimum coverage of s u.U9
and a maximum deductible of S 0.00; and (c) Comprehensive General liability Insurance, including blanket contractual (or
aa,tite"tul.l U4.63ity) s.:: V.., L,....J f,..,,, r..,,.., Lr J..,,.a. .e,., ...J oa.. f.,, ...,,.J oI..J ...... ....&—d .Ill.
a minimum combined single limit coverage of $ 1,000,000 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, itsltheir governing bodies, officers and employees-as additional insureds.
Oanaute&nt &hall ArWety fUl'MA t5 PULU4- Awv,a.y 4vi Liri�atca of maulattiv vnitJm.iil.y aw6h t.unaiemu ainJ 4C4uit ilgr ,0 Jnyw*
written notisp to Publin AUPW.y of pniiry iflrnP, riinrrlintim nr mwtrriai rharbr In r,n.r-r:C,:
$, Payment, PybliF Aeen;r $halt par Consultant for irrgfeseNnaL services performed at the rates shown in Ap4amldiu B nttaGhRd
hereto, which include all overhead and il'6de6t4st tbxt*4Yscs, iur whivi, iw mWiL;unvL ccnipametion shall be allowed.
Notwithstanding the forngoing, themp incidpntAl nxrvfMPS SWifiaelly itemllized in Appendix B shaLL bit 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 pvmt shaLl the tetRl Amnunt paid to Consultant exceed the payment limit specified in sac. 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 shalt not be considered an employee of Public,Agency.
10. Time for Comroletion. 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 listed above.
11. Record..Retentiun and Auditing. .Cxeept for motorists and records delivered to Public Agency, Consultant shall retain ult
materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period
of at (oast five yoars after Consultant's receipt of the final payment under this Agrocamt, upon roqueat by Public Agency,
at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorised
rwrvsvntatiyn of the state and federal ggyernments. at ■ ccmwenient location within Catitrn CostA County dnignAtrti hr PuMir
Agency, and without restriction or limitation on their use.
12. Doeummntation_ Consultant shall pr"re Rnd deliver to Public Agency at no additional charge, the item doscribed in Appendix
A to dvcumiont the performance of this Agreement and shaLL furnish to Pubt,ic Agency such informmtim ss J&nem-insary to enable
Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents. ALL motorists and records of a finished nature, such as final ptans, specifications, reports, mrd
maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Public
Agency_ All mntarinls of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other
data, prepared or obtaineo :n inn perrormance of tnIS Agreement, small oe made available, upon request, to Public Agency at
no additional charge and without restriction or Limnitation on their use.
14. Fgt.r_a Hoak. Any work or services in addition to the work or services described in Appendix A shot be performed by Consultant
according to the rates or charges listed in Appendix a. in the event that no rate or charge is listed for-a particular type
pf extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed an prior to commencement of the
extra work. in no event shalt 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 Conauttant fails to complete s1L of the
services described in this Agreement on or before the Comptetion Date listed in Section 1 above, or within the period of any
arlthnriiad extenvion, Coneult3nt eh3Ll pry ac and fon liquidated damages, the suer listed in Ceeeian I abava far aaah ..blv..Jo.
day that completion is delayed.
14. Terlmi.notion by Public Agency. At its option, Public Agency shatt 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 materiels and records prepared or obtained in the performance of this Agreement, and shall
be paid, without duplication, ail amounts due for the services rendered up to the date of termination.
17. Abandorge. t by Consultant. In the event the Consultant causes performing services under this Agreement or otherwise abandons
the project prior to compteting all of the services described in this Agreement, Consultant shall, without delay, deliver
to Public Agency alt 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 Pubtic Agency incurs as a result of such cessation or abandonment.
18, 9wach. In the event that Fo%yjtgnt f1i1B t4 2erfQrm any of the mryirmrs deReribPd in thio Agrrrmrnt nr ntharwito hroschow
this Agreement, Public Agency shalt 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 Canty, and Consultant hereby waives the removal provisions
of Code of Civil Procedure section 394.
19. C.omalia%e with Laws. In performing this Agreement, Consultant shall comply with all applicable taws, statutes, ordinances,
rules and regulations, whether federal, state or local in origin.
20. Assigrnren_t. this Agreemwrnt shall rot Lye 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 cervioc9 for which Consultant does not have the facilities to rirrfvr,rr so lay 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 PLgns. 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 Coovrinhts. The issuance of a patent or copyright to Consultant or any other person shatt 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 shatt 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 PMAMAPN FOR DESIM, SOILS OR EIIYIRONIMAL UM
23. Indemnification. Consultant shalt defend, indeaeyify, save and hold harmless Public Agency,
its/th4rit svver•ninp bodies, officers and employees from any and all claims, costs and liability for eery
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 indarnitees 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, Wilt defend any such suits at the sote cost and expense of consultant. Consultant's obligations 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 shalt 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 PARAtR APN FOR ALL OTHER CiiA's
23. Irderrnificatjon. Consultant shatt defend, indemnify, save and hold harmless Public Agency,
, its/their governing bodies, officers and employees from any and sit 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, negtisence 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 sote
negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any
expenditures, including reasonable attorney'a fees, the 3rrdia niteas may make by reason of such matters and, if requested by
any of the indemnitees, WiLL defend any such suits at the sale cost and expense of Consultant.
24. Ne'rs. Su eassors and Asians. Except as provided otherwise in section 20 above, this Agreement shat[ inure to the benefit
of and bird the heirs, successors, executors, personal representatives and assigns of the parties.
25. Public Endorsements. Contractor,shatt not in its capacity as a contractor with Public Agency publicly endorse or oppose the
Lnio of nny partirwlar hrmvi row nr rrowrrial product without the prior+ opprrovel of the Public Aaeneyrs gavarninl,g b&md.
In its Public Agency Contractor capacity, Contractor shaLL not publicly attribute qualities or lack of qualities to a
particular brand now or commercial product in the absence of a well-established and widely-accepted scientific basis for
such ;laips 4r without the crior Nwaval of thr MAI it Ado"It Onyarnina hnard In itr airhlin Agony oewtraeetor+ saposj y,
Contractor shalt not participate or appear in any coeayercialty-produced advertisements designed to promote a particular brand
name or commercial product, even if Contractor is not publicly eixbrsing 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 tp ether 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. Project Personnel,. in performing the services under this Agreement, Consultant shalt use the personnel, listed in Appendix
ad
C, attached hereto and me a part hereof by this reference. Changes in project personnel may only be made with Public
Agency's written consent, and Consultant shalt notify Public Agency in writing at Least thirty (30) days in advanceof any
proposed change. Any person proposed as a replacement shalt possess training, experience and credentials coaparobte to those
of the person being replaced.
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Attachments: Appendix A, Appendix 9, Appendix C
Form approved by County Counsel (11/91)
c:CSASMiTN93.ti
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Appendix A
A G R 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 8 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 advocacyas 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. SMITH shall provide the County
with periodic update of the implementation of the work program. At
least once every three months, SMITH shall present the status of
his work program to the Board. of Supervisors, Transportation
Committee.
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 1,1993, 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
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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,
1993, and be subject to renewal between the parties on December 31,
1993.
Appendix B
1993 State Legislative/Administrative 1993 Goals
Protect current County funding levels from state and federal
transportation programs .
Work with all public and private transportation interest groups to
deal with the negative transportation funding impacts of the
failure of the $1 billion Proposition 156 (rail bond) in the
November 1992 election. In particular, work to insure that none of
Contra Costa County' s current . State Transportation Improvement
Program (STIP) projects are deleted or delayed, such as the BART
extension to West Pittsburg, I-680 widening, State Route 24/I-680
Interchange and I-80 HOV lane project.
Work with . County staff, and staffs from CCTA and Solano County
regarding the plan and program priorities for future transportation
improvements in the I-80, I-780 and I-680 Corridors made possible
'by Petroleum Violation Escrow Account Funds secured in the 1992
State Budget.
Seek funding and assist in the planning for establishment �of a
Contra Costa County commuter rail program, including advice
relative to the Commuter Rail planning effort funded . by the
Petroleum Violation Escrow Account funds obtained by the County in
the 1991 State Budget and advice in helping establish and operate
the Greater East Bay Rail Opportunities Coalition J.P .A. (GEBROC) .
Promote legislation to fund the reconstruction of I-880, I-280, the
Embarcadero freeway, the Bay Area toll bridges seismic retrofit
program for the Bay Bridge outside of the current State Highway
. Account.
Assist in formulating a strategy and implement that strategy to
resolve the I-80 and I-680 corridor congestion problems, which may
include developing a program to respond to MTC' s . Toll increase
proposals .,in the North Bay bridges .
Protect toll bridge funds for delivery of the Benecia Bridge and
.. Carquinez Bridge and monitor all toll bridge legislation, such as
any follow-up legislative proposals to SB 210 (1991) .
'Monitor Metropolitan Transportation Commission legislation,
including legislative authorization for its Transportation Control
Measures and legislation impacting the state mandated Congestion
Management Program as required by Proposition 111 . j
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Monitor and promote the County' s interest in the State and MTC' s.
legislative proposals to implement the Federal ISTEA Act of 1992 .
'Assist in formulating a strategy to deal with the Mid-State Tollway
Project.
Expedite delivery of State Route 4 and BARTD extension project and
assure the County' s share of TCI funds for the extension.
Monitor developer fee legislation, redevelopment, zoning, community
development, housing, planning and growth management legislation.
Monitor privatization legislation.
Monitor clean up legislation for Proposition 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 .-
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