HomeMy WebLinkAboutMINUTES - 02061996 - C7 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: FEBRUARY 6, 1996
SUBJECT: Contract for Legislative Representation on Transportation and Related Matters.
Project # 0676-6P4149
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 Smith & Kempton (formally known as D. J. Smith and Associates) during the period
January 1, 1996 through December 31, 1996, in the amount of $38,000 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. Financiallmpact:
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 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 1996 and have recommended
that the Board approve this contract.
/ d
Continued on Attachment:_ SIGNATURE: v
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON ,J"�/ (Q 1 q 9 b APPROVED AS RECOMMENDED OTHER
VOTfF OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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g\admin\shiu\s&k96.bo
Orig. Div: Public Works(Administration) IhereIgceRiythatthisisatrue and 00Ree!wWof
Contact: Maurice Shiu(313-2251) an action taken and entered on tho minutes of the
Board of Supervisors on the date shown.
cc: County Administrator ATTESTED: tKI
County Counsel of PHIL
ul pervisorss and cou y oft Administrator
Auditor-Controller
Public Works Director
Transportation Engineering ByDeputy
Community Development Director
Smith&Kempton
f
CONSULTING SERVICES AGREEMENT
1. �pecial 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 1,1996 (e) Payment Limit(s):$38,000.00 (f) Completion Date(s): December 31,1996
(g) Liquidated Damages $-0-per day (h) Federal Taxpayer's I.D.or Social Security Number:
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTA �—
By: J. Michael Watford
Public Works Director/ By: A/ /
Chief Engineer (Designate o p city in the s ess)
Type of Busin (so a orship, government agency, partnership, corp.,
etc.)
If Corporation,State of Incorporation: CT Zz tc�
By: v• By.
(Designate official capacity in the business)
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 )
ss.
County of s'40–n..i"ib )
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,pers�a®wn
tome (or proved to me on the basis of satisfactory evidence) to be the person(o whose name(;) is/are subscribed to the within instrument and
acknowledged to me that he/,� xecuted the same in his/her/theirauthorized capacity(aer),and that by his/heetfm*signatures)on the instrument
the person(, or the entity upon behalf of which the person)acted,executed the instrument.
WITNESS my hand and official seal:.
Dated QMy
ANNE M.a COMM.#1048303 � 1Z1&k-
ZNotary Public—Colifomla Not Public
SACRAMENTO COUNTY
Comm.Ex;.!mu FEB 3.1999
(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$5,000. When multiple documents or written reports are-the
subject or products of this agreement,the disclosure section may also contain a statement indicating that the total contract amount represents
compensation for multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency,obtain and maintain during the term hereof: (a)Workers'Compensation Insurance
pursuant to state law;(b)Professional Liability Insurance with minimum coverage of$ 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 person,and damage to property,including the loss of use thereof,arising
out of each accident or occurrence,and naming Public Agency,PUBLIC WORKS DEPARTMENT employees as additional insureds. Consultant
shall promptly fumish 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. Payment
will be made within thirty(30)days after receipt of each statement.
Smith&Kempton Consulting Services Agreement �� Page Two
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 worts,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. ant4s-•secuFity-for.the-fulfillment-of-this
.Agreement—After- -Pubhe Agenpy has f4gund tke
e •��:e42ubha•AgenG"- iH+ay=a"itfiheld_ands--Ray g
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 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.
20. Assignment. This Agreement shall not be assignable or transferable in whole of 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. 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 shall not be required to pay any additional fee or royalty for such materials or records.
The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement, unless extended
by operation of law or otherwise.
Attachments:Appendix A,Appendix B
Form approved by County Counsel(8/93)
G\ADMI N\S H I U:s&k96.csa
1 896
Appendix "All
A G R E E M E N T
THIS AGREEMENT entered into as of the date hereinafter specified by
and between SMITH & KEMPTON (hereinafter referred to as S&X) and
CONTRA COSTA COUNTY (hereinafter referred as the COUNTY') .
WHEREAS, the COUNTY wishes to engage S&K to provide professional
services, legislative monitoring, and advocacy in the areas of
growth management, infrastructure finance, transportation finance,
public works contracting, planning and zoning, community
development and redevelopment, and associated administrative issues
in relation to the State Legislature, State executive and
regulatory agencies.
NOW, THHREFORE, 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 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&X shall facilitate County sponsorship of legislation that
would allow broader uses of development oriented fees on area-
wide transportation infrastructure facilities.
4. S&K shall assist the COUNTY in developing a comprehensive rail
transit oriented program for congestion relief including work
with all appropriate political jurisdictions of Solana, Contra
Costa and Alameda Counties.
5. 5&K shall facilitate and coordinate the transportation and
growth management activities of the Contra Costa
Transportation Authority (CCTA) with those of Contra Costa
County to ensure that County Public works, County Community
Development and CCTA develop effective, fully coordinated and
complementary policies and programs.
6. THE COUNTY hereby designates S&K to act as its representative
with various State government committees, commissions, and
persons involved in governmental affairs affecting the
COUNTY's interest in Sections 1 through 5 above. Such
representation may include legislative advocacy as directed by
the COUNTY.
7. S&K shall receive day to day supervision regarding the
COUNTY's interests in this contract from a. Michael Walford,
Public Works 'Director, or his specified alternate in his
absence, and shall fully coordinate legislative positions with
Claude Van Marter, Assistant County Administrator. S&K shall
provide the COUNTY with periodic update of the implementation
of the work program. At least once every three months, S&K
shall present the status of their work program to the Board of
Supervisors, Transportation Committee orally or in writing.
8. S&K shall perform the foregoing services in full compliance
with applicable laws, rules, and regulations, and shall, ih
cooperation with the COUNTY, file all reports required of it
and them by applicable law in a timely manner in connection
with any representation work for. the COUNTY. S&K shall
furnish all necessary information and assist the COUNTY in
filing all reports required of it and them by applicable law
in a timely manner.
9. The parties recognize that S&K has other clients for which it
may perform services similar to those provided for herein, and
may find from time to time that the interests of various such
clients may conflict with the interests of the .County. S&K
shall advise the COUNTY of all such instances wherein there is
a conflict between the interests of the COUNTY and the
interests of one or more of its other clients, and in each and
every such instance agrees that it shall not take any action
on behalf of the COUNTY or other such client or clients
without the consent of the COUNTY
10. S&K agrees that it will not disclose any ;Confidential
information regarding the COUNTY, or its current or former
employees, that it has obtained or will obtain, either
directly or indirectly, without the consent of the COUNTY.
11. The COUNTY shall pay S&K the sum of $3,000 per month on
January 1, 1996, 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, 1996, and
be subject to renewal between the parties on December 31,
1996.
w i c% 1
rA U
J. Micha-K-Walford D Ith
Director, Public Works Pdeht,—
Contra Costa County Smith & Kempton
255 Glacier Drive 980 Ninth St, Suite 1560
Xartinez, CA 94553 Sacramento, CA 95814
DATE.-' DATE:
C1
Appendix B
1996 STATE LEGISLATIVE AND ADMINISTRATIVE CONSULTATION GOALS
Protect current County transportation funding levels, including active involvement on behalf of the
County in any statewide transportation funding proposals that may be developed through the
Legislature or by others for consideration by voters in a referendum.
Protect TDA funds and limit expenditures to transportation purposes.
Protect toll bridge funds for delivery of the Benicia Bridge and Carquinez Bridge projects as
mandated by Regional Measure 1 and monitor all toll bridge legislation. Promote eligible County
projects for inclusion in funding.
Assist in developing an expenditure plan in the event of toll increases on the North Bay bridges.
Monitor developments at the metropolitan planning organizations level as well as at Caltrans and
State legislative level to ensure that County interests are not compromised in the formulation of the
1996 Federal Transportation Authorization Act.
Monitor Metropolitan Transportation Commission legislative proposals, including restructuring of
the STIP process,the proposed regional gasoline tax and other revenue-producing mechanisms for
transportation.
Monitor the development of the Californians for Better Transportation's Transportation Consensus
Project and other statewide transportation funding efforts such as the $2 billion seismic bond
measure on the March 1996 ballot.
Monitor all Public Works and Transportation related legislation.
Coordinate with the CCTA legislative program and with the County's legislative representative on
other legislative issues especially in the areas of growth management, economic development and
land development.
Assist in formulating County's strategy concerning the Midstate Tollway project and associated
legislative proposals, in light of the County's adopted position of not supporting the project.
Seek legislation to clarify the Subdivision Map Act definition of major thoroughfare to include state
highways and expand eligible uses of AOB funds to include bikeways, park and ride lots and other
alternative transportation facilities that mitigate traffic impacts from new development.
Seek legislation to establish a state infrastructure bank to underwrite bonds backed by developer
fees.
V �
Seek amendments to AB434 to allow use of funds for any Transportation Control Measure (TCM)
in Clean Air Plan and remove sunset on eligibility of bicycle projects.
Seek legislation to form a joint powers agency to operate the Capitol Corridor passenger rail
service.
Seek funding, possibly from PVEA funds, for a far East County circulation master plan, with the
objectives of reducing trip length, minimizing the need for single occupant commuting, saving
energy, lowering air quality impacts, promoting use of bicycle transportation and other
alternatives, and possibly including commuter bikeway projects.
Seek legislation allowing annual adjustment of development fees imposed at approval of vested
tentative map.
Monitor the status of AB285 to ensure availability of PVEA grant for County Wide Bicycle Action
Plan obtained through AB 1671.
12/26/95
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