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HomeMy WebLinkAboutMINUTES - 03221994 - T.C.1 T.G, 1 TO: BOARD OF SUPERVISORS FROM: TRANSPORTATION COMMITTEE DATE: March 14, 1994 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, 1994 through December 31, 1994, 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 1994 and have recommend- ed that the Board approve this contract. Continued on Attachment: SIGNATURE: _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE _ OTHER - T,; IOL 2S._.0•--� SIGNATURE(S): Gayle Bishop Tom Torlakson ACTION OF BOARD ON Z�� i 9 y�/ APPROVED AS RECOMMENDED X OTHER _ VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: MMS:drg c:B0\22.t3 I hereby certify that this is a true and correct copy of Ori Div: Public Works Administration an action taken and entered on the minutes of the 9• (Administration) Board of Supery sons on the date shown. Contact: Maurice Shiu (3132251) ATTESTED: �f -Q�- 21 cc: County Administrator PHIL BATCHELOR,Clerk of the Board County Counsel - at Supervisors and County Administrator Auditor-Controller Public Works Director sy�,�,,,_ . —.Deputy Community Development Director D.J.Smith&Associates f CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: CONTRA COSTA COUNTY (b) Consultant's Name ii Address: D. J . SmithAssociates SanramPntn, rA g581U (c) Project Name, Number & Location: (d) Effective Date: (a) Payment .Limit: S (f) Completion Date: (g) Liquidated Damages: S per day (h) 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 ACKNOWLEDGEMENT State of California ) ). as. , County of ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sfgnature(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 seat. 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 shalt be as described in Appendix A, attached hereto and made a part hereof by this reference. d. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor, for Public Agency shalt 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 shalt, 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 minimus coverage of S 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 S for ell 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/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. B. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix a 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 specified in Sec. 1(e) without prior written approval of the Public Agency. 'Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list; for each item of services, the employee categories, hours and rates. Payment will be made within thirty (30) days after receipt of each statement. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Comptetian. Unless the time is extended in writing by Public Agency, Consultant shalt complete all services covered by this Agreement no later than the Completion Date listed above. 11. Record Retention and Auditing. Except for materials and records delivered to Public Agency, Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments, at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge, the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents. All materials and records of. a finished nature, such as final plans, 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. ExpEx Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant scco�0 to the rates or charges listed in Appendix B. to 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 shell Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Liquidated Damages. The parties to this Agreement agree that, in the event that the services described in this Agreement are not completed on time, Public Agency will sustain damage and that it will be impracticable and extremely difficult to ascertain the actual damage which Public Agency will sustain. in the event that Consultant fails to complete all of the services described in this Agreement on or before the Completion Date listed in Section 1 above, or within the period of any authorized extension, Consultant shall pay as and for liquidated damages, the sum listed in Section 1 above for each calendar day that completion is delayed. 1 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 sit 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 ell remedies provided by law or equity. Any disputes relating to the performance of this Agreement shalt 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. 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 doe& not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement. Any other purported assignment, transfer or sub-contracting shall be void. 21. Endorsement on Plans. Consultant 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 shalt not be required to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or otherwise. USE THE FOLLOWING PARAGRAPH FOR DESIGN, SOILS OR ENVIRONMENTAL WORK 23. indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, , its/their governing bodies, officers and employees from any and all claims, costs and 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 end except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if requested by any of the indemnitees, will defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shalt exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant's obligation to indemnify shall be limited to the proportion of negligence or willful misconduct attributable to Consultant, its subconsultants, or any person under Consultant's direction or control. USE THE FOLLOWING PARAGRAPH FOR ALL OTHER CSA's 23. indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, , its/their governing bodies, officers and employees from any and all claims, costs and liability for any damages, injury or death arising directly or indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due to, negligence or willful misconduct of Consultant, its officers, employees, agents, subconsultants, or any person under its direction or control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees for any expenditures, Including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if requested by any of the indemnitees, will defend any such suits at the sole cost and expense of Consultant. 24. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement shall inure to the benefit of and bind the heirs, successors, executors, personal representatives and assigns of the parties. 25. Public Endorsements. Contractor shall not in its capacity as a contractor with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Public Agency's governing board, its officers, or others who may be authorized by the Public Agency's governing board or by law to receive such views. 26. 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 6, Appendix C Form approved by County Counsel (11/91) c:CSA.gen Appendix A AGREEMENT 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 to 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 aLid 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 B to this agreement. 2. SMITH shall continue to work closely to assist Public Works regarding their role in financing and implementing important transportation projects in Contra Costa County. 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 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. 6. The COUNTY hereby designates SMITH to act as its representative with various State government committees, commissions, and persons involved in governmental affairs affecting the COUNTY's interest in Sections 1 through 5 above. Such representation may include legislative advocacy as directed by the COUNTY. 7. SMITH shall receive day to day supervision regarding the COUNTY's interests in this contract from Harvey Bragdon, Director of Community Development, and J. Michael Walford, Public Works Director,or their specified alternate in their absence, and shall fully coordinate legislative positions with Claude Van Marter, Assistant County Administrator. 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 SMI'T'H 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 COUN'T'Y 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, 1994, 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, 1994, and be subject to renewal between the parties on December 31, 1994. Harvey Bragdon J. Michael Walford Director, Community Development Director, Public Works Contra Costa County Contra Costa County 651 Pine Street, 4th Floor 255 Glacier Dr. Martinez, CA 94553 Martinez, CA 94553 Date: Date: D. J. tmith Presid D. J. & Associates, Inc. 915 L Street, Suite 1440 Sacramento, CA 95814 Date: 023 ,7 AGREEMENT: D. J. Smith Associates Inc./Contra Costa County Public Works Page 2 Annendix B 1994 STATE IMISLAT E(ADM MSTRATIVE 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 24/1- 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 Benicia, 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 Propositions 111. Monitor and promote the County's interest in the State and MTC's legislative proposals to implement the Federal ISTEA Act of 1992. Do work with other advocacy groups to pass legislation allowing local agencies to form Public Toll Authorities to finance transportation projects and for open space preservation and assist in formulating a strategy to deal with the Mid-State Tollway Project. Monitor developer fee legislation,redevelopment,zoning,community development,housing, planning and growth management legislation. Monitor clean up legislation for Proposition 111. Monitor transportation planning Iegislation. Monitor competitive bidding legislation. Monitor truck traffic, freeway incident management, etc., legislation. Monitor engineering, soil report.and land surveying legislation. Monitor air quality legislation, judicial actions and regulatory activities, as it affects transportation planning and development. Coordinate with the County's general legislative representative other legislative issues especially those related to Growth Management and regional governments. MMS:drg a\MMS:admgL%.c2 2/17/94 1994 STATE LEGISLATIVF,/ADMINIS112ATIVE GOALS Appendix B Page 2