HomeMy WebLinkAboutMINUTES - 05022000 - D3 ri
TO. BOARD of SUPERVISORS Contra
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa
DATE: County
May 2, 2000 �•.
SUBJECT: PARKING MANAGEMENT CONSULTING SERVICES
SPECIFIC R€OU€ST(5)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the County Administrator or his designee to execute a contract with DKS
Associates for consulting services relating to a parking management and enforcement plan.
FINANCIAL IMPACT:
The cost of this contract, $37,800, is budgeted in the FY 1999/00 Plant Acquisition Fund.
BACKGROUND:
The consulting Services in this contract will assist the Division of Capital Facilities and Debt Management in
addressing parking congestion at two sites, Center Avenue/Muir Road and downtown Martinez. There is a
deficit of parking spaces at both sites. The consultant will recommend alternatives both for increasing parking
supply and for managing parking demand. The plan will also recommend enforcement strategies.
CONTINUED ON ATTACHMENT: X YES SIGNATURE• �I/L✓•
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA COMMITTEE
APPROVE OTHER
SIGNATUREM:
ACTION OF BOARD ON may 2 O O Q APPROVED AS RECOMMENDED XX OTHER
HEARD and ACCEPTED the report on the development of the plan .
See attached contract .
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
XX UNANIMOUS(ABSENT �� �) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED M a y 2 , 2_U0
Contact: ATTESTED
Lockwood, CAO 335-1093 PHIL BATCHELOR,CLERK OF THE BOARD OF
CO' SUPERVISORS AND COUNTY ADMINISTRATOR
BY t� ,DEPUTY
fM' 3
r
Contra Costa County Number:
Standard Form 1/87 STANDARD CONTRACT Fund/Org#: 1206
(Purchase of Services) Acoount#:
1»
Department: County AdrninistraWs Office
Subject: Parking Mar>agement Plan
2. partifg. The County of Coma Costa, California (County), for its Department named above, and the following
named Contractor mutually agree and promise as follows:
Contractor: DKS Associates
Capacity: Corporation Taxpayer ID# 9+250153
Address: 1356 Webster Street, Suite 300
Oakland, CA 94612
3. The effective date of this Contract is May 2, 2000 it terminates December 31, 2000 unless sooner
terminated as provided herein.
4. Payment Limit County's total payments to Contractor under this Contract shall not exceed$37,800.
5. County's Obligations. County shall make to the Contractor those payments described In the Payment
Provisions attached hereto which are incorporated herein by reference, subject to all the temps and conditions
contained or Incorporated herein.
6. Contractor's Obligntgns. Contractor shall provide arose services and carry out that work described In the
Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions
contained or incorporated herein.
7. General and SR2dal condi ons. This C,onbact is subject to the General Conditions and Special Conditions (if
arty) attached hereto,which are incorporated herein by reference.
8. PtqJ . This Contract implements In whole or in part the following described Project, the application and
approval documents of which are Incorporated herein by reference:
9. Lwall Aoh city. This Contract is entered into under and subject to the following legal authorities:
Calftmla Government Code: Sections 26227 and 31000.
10. SISOMM. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA.CALIFORNIA
BOARD OF SUPERVISORS ATTEST, Phil Batchelor, Clerk of the Board of 1
Supervisors and County Administrator
CONTRACTOR
(Designate business rapacity A) (Designate business capacity B)
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H:\GROUPS\aER\CDNTRCTSNSTANDAROMANDAFtD.SG1
Contra Costa County Standard Form 1/87
9ENEBAL CON12MQN�
(purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal,
State and local laws and regulations applicable with respect to Its performance under this contract,
Including but not limited to, licensing, employment and purchasing practices; and wages, hours
and conditions of employment, including nondiscrimination.
2. erection. Contractor's performance, place of business and records pertaining to
this Contract are subject to monitoring, inspection, review and audit by authorized representatives
of the County, the State of California, and the United States Government.
3. RSIs. Contractor shall keep and make available for Inspection and copying by
authorized representatives of the County, the State of California, and the United States
Government, the Contractor's regular business records and such additional records pertaining to
this Contract as may be required by the County.
a. Retention of Records. The Contractor shall retain all documents pertaining to this
Contract for five years from the date of submission of Contractor's final payment demand or final
Cost Report; for any further period that Is required by law; and until all Federal/State audits are
complete and exceptions resolved for this contract's funding period. Upon request, Contractor
shall make these records available to authorized representatives of the County, the State of
California, and the United States Government.
b. Access to Swig and Records of Contractor, Sub ontractor. Pursuant to Section
1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor
shall, upon written request and until the expiration of four years after the furnishing of services
pursuant to this Contract, make available to the Secretary of Health and Human Services or to the
Comptroller General, or any of their duly authorized representatives, this Contract and books,
documents, and records of Contractor that are necessary to certify the nature and extent of all
costs and charges hereunder.
Further, if Contractor carries out any of the duties of this Contract through a subcontract with a
value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a
clause to the effect that upon written request and until the expiration of four years after the
furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the
County, to the Secretary or to the Comptroller General, or any of their duly authorized
representatives, the subcontract and books, documents, and records of the subcontractor that are
necessary to verify the nature and extent of all costs and charges thereunder.
This special condition is In addition to any and all other terms regarding the maintenance or
retention of records under this Contract and Is binding on the heirs, successors, assigns and
representatives of Contractor.
-1-
7
Contra Costa County Standard Form 1/87
GENERAL COMMON
C MONS
(Purchase of Services)
4. Reggrting Requirements. Pursuant to Government Code Section 7550, Contractor
shall include In all documents or written reports completed and submitted to County in accordance
with this Contract, a separate section lisdng the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of each such document or-written report. This section
shall apply only If the payment limit under this Contract exceeds $5,000.
5. Termination.
a. Written Notice. This Contract may be terminated by either party, at their sole
discretion, upon thirty-day advance written notice thereof to the other, and may be canceled
Immediately by written mutual consent.
b. Failure to -Egrform. The County, upon written notice to Contractor, may
Immediately terminate this Contract should the Contractor fall to perform properly any of Its
obligations hereunder. In the event of such termination, the County may proceed with the work
In any reasonable manner It chooses. The cost to the County of completing Contractor's
performance shall be deducted from any sum due the Contractor under this Contract, without
prejudice to the County's rights otherwise to recover Its damages.
c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that
Federal, State, or other non-County funding for this Contract ceases, this Contract Is terminated
without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed
uponby the parties. Except as expressly provided herein, no other understanding, oral or
otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any
of the parties hereto.
7. F h rgecifications for -Operating. Procedures. Detailed specifications of
operating procedures and budgets required by this Contract, Including but not limited to,
monitoring, evaluating, auditing, billing, or regulatory changes, may be developed and set forth
In a written Informal Agreement between the Contractor and the County. Such Informal
Agreements shall be designated as such and shall not be amendments to this Contract except to
the extent that they further detail or clarify that which Is already required hereunder. Such
Informal Agreements may not enlarge in any manner the scope of this Contract, including any
sums of money to be paid the Contractor as provided herein. Informal Agreements may be
approved and signed by the head of the County Department for which this Contract Is made or his
designee.
8. MQdifieations and Amendments.
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Contra Costa County Standard Form 1/87
GENERAL CONDITIONS
(Purchase of Services)
a. General Amendm nts. This Contract may be modified or amended by a written
document executed by the Contractor and the Contra Costa County Board of Supervisors or, after
Board approval, by its designee, subject to any required State or Federal approval.
b. Administratlyc Amendments. Subject to the Payment Umit, the Payment Provisions and the
Service Plan may be amended by a written administrative amendment executed by the Contractor
and the County Administrator or his designee, subject to any required State or Federal approval,
provided that such administrative amendments may not materially change the Payment Provisions
or the Service Plan.
9. QisguteE. Disagreements between the County and Contractor concerning the
meaning, requirements, or performance of this Contract shall be subject to final determination in
writing by the head of the County Department for which this Contract Is made or his designee or
In accordance with the applicable procedures(if any) required by the State or Federal Government.
10. Choice of Law and Personal Jurisdiction.
a. This Contract Is made In Contra Costa County and shall be governed and construed
In accordance with the laws of the State of California.
b. Any action relating to this Contract shall be Instituted and prosecuted In
the courts of Contra Costa County, State of California.
11. -Conformance w Federal and State Regulations and Laws. Should Federal or
State regulations or laws touching upon the subject of this Contract be adopted or revised during
the term hereof, this Contract shaft he deemed amended to assure conformance with such Federal
or State requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General
Conditions, Inspections or approvals, or statements by any officer, agent or employee of the
County indicating the Contractor's performance or any part thereof complies with the requirements
of this Contract, or acceptance of the whole or any part of said performance, or payments therefor,
or any combination of these acts, shall hot relieve the Contractor's obligation to fulfill this Contract
as prescribed; nor shall the County be thereby estopped from bringing any action for damages or
enforcement arising from any failure to comply with any of the terms and conditions of this
Contract.
13. subcontract and Assignment. ThIs Contract binds the heirs, successors, assigns
and representatives of Contractor. The Contractor shall not enter Into subcontract's for any work
contemplated under this Contract and shall not assign this Contract or monies due or to become
due, without the prior written consent of the County Administrator or his designee, subject to any
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Contra Costa County Standard Form 1/87
GENERAL COMMONS
(Purchase of Services)
required State or Federal approval.
14. Independent Contractor 5=. This Contract Is by and between two independent
contractors and is not Intended to and shall not be construed to create the relationship between
the parties of agent, servant, employee, partnership,joint venture or association.
15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and
employees, shall not make, participate in making, or in any way attempt to use the position
afforded them by this Contract to influence any governmental decision in which he or she knows
or has reason to know that he or she has a financial interest under California Government Code
Sections 87100, et seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require Its officers, partners,
associates, agents and employees to comply with all applicable State or Federal statutes or
regulations respecting confidentiality, Including but not limited to, the identity of persons served
under this Contract, their records, or services provided them, and assures that.
a. All applications and records concerning any individual made or kept by Contractor
or any public officer or agency in connection with the administration of or relating to services
provided under this Contract will be confidential, and will not be open to examination for any
purpose not directly connected with the administration of such service.
b. No person will publish or disclose or permit or cause to be published or disclosed,
any list of persons receiving services, except as may be required in the administration of such
service. Contractor agrees to Inform all employees, agents and partners of the above provisions,
and that any person knowingly and intentionally disclosing such Information other than as
authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Sentices. Contractor agrees that all goods and services under this
Contract shall be available to all qualified persons regardless of age, sex, race, religion, color,
national origin, or ethnic background, or handicap, and that none shall be used, In whole or In
part, for religious worship or instruction.
18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the
County and its officers and employees from any and all claims, costs and liability for any damages,
sickness, death, or injury to person(s) or property, Including without limitation all consequential
damages, from any cause whatsoever arising directly or indirectly from or connected with the
operations or services of the Contractor or its agents, servants, employees or subcontractors
hereunder, save and except claims or litigation arising through the sole negligence or sole willful
misconduct of the County or its officers or employees. Contractor will reimburse the County for
any expenditures, including reasonable attorneys" fees, the County may make by reason of the
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Contra Costa County Standard Form 1/87
GENCRAL CONDMONS
(Purchase of Services)
matters that are the subject of this Indemnification, and If requested by the County will defend any
claims or litigation to which this Indemnification provision applies at the sole cost and expense of
the Contractor.
19. Insurgino. During the entire term of this Contract and any extension or modification
thereof, the Contractor shall keep In effect insurance policies meeting the following insurance
requirements unless otherwise expressed In the Special Conditions:
a. Uability Insurance. The Contractor shall provide comprehensive liability Insurance,
Including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of $500,000 for all damages, including consequential damages, due to bodily injury,
sickness or disease, or death to any person or damage to or destruction of property, including the
loss of use thereof, arising from each occurrence. Such Insurance shall be endorsed to Include the
County and its officers and employees as additional insureds as to all services performed by
Contractor under this agreement. Said policies shall constitute primary insurance as to the County,
the State and Federal Governments, and their officers, agents, and employees, so that other
Insurance policies held by them or their self-insurance program(s) shall not be required to
contribute to any loss covered under the Contractor's insurance policy or policies.
b. Workers' Compensation. The Contractor shall provide workers' compensation
Insurance coverage for its employees.
c. Certificate of Insurance. The Contractor shall provide the County with (a)
certificates) of insurance evidencing liability and worker's compensation insurance as required
herein no later than the effective date of this Contract. If the Contractor should renew the
Insurance pollcy(ies) or acquire either a new Insurance pollcy(les) or amend the coverage afforded
through an endorsement to the policy at any time during the term of this Contract, then Contractor
shall provide (a) current certlficate(s) of Insurance.
d. Additional Insurance Provisions. The insurance policies provided by the Contractor
shall Include a provision for thirty(30) days written notice to County before cancellation or material
changes of the above specified coverage.
20. Notiges. All notices provided for by this Contract shall be in writing and may be
delivered by deposit In the United States mail, postage prepaid. Notices to the County shall be
addressed to the head of the County Department for which this Contract Is made. Notices to the
Contractor shall be addressed to the Contractor's address designated herein. The effective date
of notice shall be the date of deposit in the mails or of other delivery, except that the effective date
of notice to the County shall be the date of receipt by the head of the County Department for
which this Contract Is made.
cT
Contra Costa County Standard Form 1/87
GENERAL C N[3MON
(Purchase of Services)
21. primacy of General Conditions. Except for Special Conditions which expressly
supersede General Conditions, the Special Conditions (if any) and Service plan do not limit any
term of the General Conditions.
22. Non-renewal. Contractor understands and agrees that there Is no representation,
Implication, or understanding that the services provided by Contractor under this Contract will be
purchased by County under a new contract following expiration of termination of this Contract, and
waives all rights or claims to notice or hearing respecting any failure to continue purchase of all
or any such services from Contractor.
23. Possessory Interest. If this Contract results in the Contractor having possession
of, claim to or right to the possession of land or improvements, but does not vest ownership of the
land or improvements In the same person, or if this Contract results In the placement of taxable
Improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or
Improvements may represent a possessory interest subject to property tax, and Contractor may
be subject to the payment of property taxes levied on such Interest. Contractor agrees that this
provision complies with the notice requirements of Revenue &Taxation Code Section 107.6, and
waives all rights to further notice or to damages under that or any comparable statute.
24. NoThird-party Beneficlarles. Notwithstanding mutual recognition that services
under this Contract may provide some aid or assistance to members of the County's population,
It is not the intention of either the County or Contractor that such individuals occupy the position
of Intended third-party beneficiaries of the obligations assumed by either party to this Contract.
25. Qgvrights and Rights in Data. Contractor shall not publish or transfer any
materials produced or resulting from activities supported by this agreement without the express
written consent of the County Administrator. If any material is subject to copyright, the County
reserves the right to copyright such and the Contractor agrees not to copyright such material. If
the material Is copyrighted, the County reserves a royalty-free, nonexclusive, and Irrevocable
license to reproduce, publish, and use such materials, In whole or in part, and to authorize others
to do so.
26. RNuired Audit. If Contractor Is funded by$25,000 or more in federal grant funds
In any fiscal year from any source, Contractor shall provide to County at Contractor's expense an
audit conforming to the requirements set forth in the most current version of office of Management
and Budget Circular A-133. If Contractor Is funded by$25,000 to $100,000 In federal grant funds
In any fiscal year from any source, Contractor shall arrange for conduct of the federally-required
audit biennially and shall submit the audit to County in the time, form, and manner required by
the most current version of Office of Management and Budget Circular A-133 and by County. If
Contractor is funded by $100,000 or more In federal grant funds In any fiscal year from any
source, Contractor shall arrange for conduct of the federally-required audit annually and shall
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Contra Costa County Standard Form 1/87
GENERAL CQNDITI NS
(Purchase of Services)
submit the audit to County In the time, form, and manner required by the most current version of
office of Management and Budget Circular A-133 and by County. Contractor is solely responsible
for arranging for the conduct of the audit, and for its cost, and County may withhold the estimated
cast of the audit or 10 percent of the contract amount, whichever Is larger, or the final payment,
from Contractor until County receives the audit from Contractor.
27. r�rs�ments. Contractor shall not in its capacity as a contractor with Contra
Costa County publicly endorse or oppose the use of any particular brand name or commercial
product without the prior approval of the Board of Supervisors. In its County 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 Board of Supervisors. In Its County 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 Contra Costa
County. Notwithstanding the foregoing, Contractor may express its views on products to other
contractors, the Board of Supervisors, County officers, or others who may be authorized by the
Board of Supervisors or by law to receive such views.
-7-
Contra Costa County Standard Form 1/87
GENERAL OND ONS
— (Purchase of Services)
submit the audit to County In the time, form, and manner required by the most current version of
office of Management and Budget Circular A-133 and by County. Contractor Is solely responsible
for arranging for the conduct of the audit, and for Its cost, and County may withhold the estimated
cast of the audit or 10 percent of the contract amount, whichever is larger, or the final payment,
from Contractor until County receives the audit from Contractor.
27. Endorsements. Contractor shall not in Its capacity as a contractor with Contra
Costa County publicly endorse or oppose the use of any particular brand name or commercial
product without the prior approval of the Board of Supervisors. In its County 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 Board of Supervisors. In its County 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 Contra Costa
County. Notwithstanding the foregoing, Contractor may express its views on products to other
contractors, the Board of Supervisors, County officers, or others who may be authorized by the
Board of Supervisors or by law to receive such views.
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Contra Costa County Standard Form 1/87
SPECIAL CONDITIONS
1. Paragraph 1 of General Conditions will be changed as follows:
Compliance with Law. Contractor shall be subject to and shall employ usual and customary
professional care to comply with all Federal, State and local laws and regulations applicable with
respect to its performance under this contract, including but not limited to, licensing, employment
and purchasing practices; and wages, hours and conditions of employment, Including
nondiscrimination.
2. Paragraph 18 of General Conditions will be changed as follows:
Indemnl%gtion. The Contractor shall defend,indemnify,save,and hold harmless the County
and its officers and employees from any and all claims,costs and liability for any damages,sickness,
death, or injury to person(s)or property, including without limitation all damages,from any cause
whatsoever to the extent arising directly from or connected with the negligent operations or services
of the Contractor or its agents,servants,employees or subcontractors hereunder,save and except
claims or litigation arising through the proportionate negligence or proportionate willful misconduct
of the County or its officers or employees. Contractor will reimburse the County for any
expenditures, Including reasonable attorneys'fees,the County may make by reason of the matters
that are the subject of this indemnification for which the Contractor is held legally liable due to
Contractor's negligence by a court or forum of competent jurisdiction. If requested by the County,
Contractor will defend any claims or litigation to which this indemnification provision applies at the
cost and expense of the Contractor, provided that the Contractor shall be reimbursed for such costs
and expenses for which the County is held legally liable by a court or forum of competent
jurisdiction.
Initials:
County Contractor
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Contra Costa County Standard Form 6/'90
PAYMENT PROVISIONS Number:
(Cost Bans Contracts)
1. Payment Basis. Subject to the Payment Limit, payments to the Contractor for all services provided for
County under this Contract shall only be for costs that are allowable costs that are actually incurred in
the performance of Contractor's obligations under this Contract.
2. moment Amounts. Subject to later adjugmgnts in total payments as 12rovidgd below and subject to
the Payment Limit of this Contract, County will pay Contractor as full compensation for all services, work,
expenses or costs provided or Incurred by Contractor:
[Check one alternative only]
[ ] a. $ monthly, or
[ ] b. $_ _ -_ __ per unit, as defined In the Service Plan, or
[ ] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but
sliWect to the "Budget of Estimated Program Expenditures" Included in the Service Pian.
[ X] d. As set forth in the Service Plan.
3. A1121 cable Costs. Contractor's allowable costs are only those which are determined In accordance with:
[Check applicable alternative]
C ] a. Department of Health and Human Services Administration of Grants Federal Regulations Title
45 Part 74 including any amendments thereto and the applicable Subpart listed hereunder; and
other documents specified in the Service Plan regarding principles for determining and
allocating the allowable costs of providing the services; and any standards set forth in the
Service Plan for determining the allowability of selected items of costs of providing the services.
[ ] Federal Management Circular A-87, including any amendments to the circular published
In the Federal Register by OMB is to be used for determining allowable costs of activities
conducted by state and local governmental agencies.
[ ] OMB Circular A-122, including any amendments to the Circular published In the Federal
Register by OMB Is to be used for determining allowable costs of activities conducted by
nonprofit organizations (other than government agencies, educational institutions, and
hospitals).
[ ] 41 CFR Subpart 1-15.2 shall be used for profit organizations other than hospitals.
[ ] OMB Circular No. A-21, including any amendments to the Circular published in the
Federal Register by OMB shall be the principles to be used for determining allowable
costs by educational Institutions (other than for-profit Institutions).
[ ] Appendix E Subpart Q Section 74.173 shall be used for determining costs of research,
development work, and other activities for determining allowable costs.
[x] b. Such State regulations and documents as are set forth In the Service Plan regarding accounting
guidelines, including standards for determining allowable or non-allowable costs.
[ ] c. Part IV Department of Labor, Employment and Training administration, 20 CFR Part 674,
Section 674.402 and any amendments thereto; and California Department of Aging "Title V
Operations Handbook, 1987, Section 505.4 and any amendments thereto.
Initials:
County Contractor
4
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS Number:
(Cost Basis Contracts)
4. payment Demands. Contractor shall submit written demands. Said demands shall be made on
County Demand Form D-15 and In the manner and form prescribed by County. Contractor shall submit
said demands for payment no later than 30 days from the end of the month in which the contract
services upon which such demand is based were actually rendered. Upon approval of said payment
demands by the head of the County Department for which this Contract is made, or his designee, County
will make payments as specified in Paragraph 2. (Payment Amounts) above.
S. Eenally for late Submission. When Contractor fails to submit to County a timely demand for
payment as specified in Paragraph 4. (Payment Demands) above, and as a result of Contractor's late
submission the County is unable to obtain reimbursement from the State of California or otherwise; to
the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such
services, even though such services were fully provided.
6. giaht to Withhold, County has the right to withhold payment to the Contractor when, In the opinion
of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in
part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected,
failed or refused to furnish information or to cooperate with any inspection, review or audit of its
program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s)
for payment.
7. Cost Re2grt and Settlement. No later than f -five X45 days following the termination of this
Contract, Contractor shall submit to County a cost report in the form required by County, showing the
allowable costs that have actually been Incurred by Contractor under this Contract. If said cost report
shows that the allowable costs that have actually been Incurred by Contractor under this Contract exceed
the payments made by County, subject nevertheless to the payment limit of this Contract, County will
remit any such excess amount to Contractor, provided that the payments made, together with any such
excess amount, may not exceed the contract payment limit. If said cost report shows that the payments
made by County exceed the allowable costs that have actually been incurred by Contractor under this
Contract, Contractor shall remit any such excess amount to County.
8. ARdl . The records of the Contractor may be audited by the County, State, or United States
government, In addition to any certified cost report or audit required by the Service Plan. Any certified
cost report or audit required by the Service Plan shall be submitted to County by Contractor within such
period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but
In no event later than 18 months from the termination date of this Contract. If such audit(s) show that
the payments made by County exceed the allowable costs that have actually been incurred by Contractor
under this Contract, Including any adjustments made pursuant to Paragraph 7. (Cost Report and
Settlement), then Contractor shall pay to County within 30 days of demand by County any such excess
amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor
under this Contract exceed the payments made by County, including any adjustments made pursuant to
Paragraph 7. (Cost Report and Settlement), then County agrees to pay to Contractor any such excess
Initials:
County Contractor
Contra Costa County Standard Form 6/90
PAYMENT PROVISIONS Number:
(Cost Basis Contracts)
amount, provided that the payments made, together with any such excess payment, may not exceed the
contract payment limit.
9. Audit Ex+ceRtions. In addition to its obligations under Paragraph 8. (Audits) above, Contractor agrees
to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by
appropriate County, State or Federal audit agencies occurring as a result of Its performance of this
Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full
amount of the County's obligation, If any, to the State and/or Federal government resulting from any
audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of
Its obligations under this Contract.
Initials:
County Contractor
Contra Costa County Standard Form(Rev. 1/95)
APPROVALS/ACKNOWLEDGMENT
Number
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COLI COUNSEL.
By By1�"'
Designee Deputy I
L)
APPROVED: COUNTY ADMINISTRATOR
By:
Designee
- oor�nwn.mem®em.wi.seeesrnsramr�ni.�m.c
ACKNOWLEDGMENT
STATE OF CALIFORNIA }
)SS.
COUNTY OF CONTRA COSTA }
On before me,
(insert name and title of the officer), personally appeared
personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names}
Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same
In his/her/their authorized capaclty(les), and that by his/her/their signature(s)on the Instrument the
persons), or the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL.SEAL..
Signature (Seal)
AMOWLEDGMENT(W COMM"W,Pr twr tip,or ImWidLal)
(Ovi code 11189)
SERVICE PLAN !`
Contra Costa County Parking
Management Plan
Revised Detailed Workscope,
Schedule and Budget
Prepared for
Contra Costa County
Office of the County Administrator
By
DKS Associates
9$55 Webster Street, Suite 300
Oakland, CA 94692
(590) 763-2069
April 24, 2000
04/24100 13.18 FAX DKS ASSOCIATES zoos
i i Parking will be eliminated permanently on
one of the lots behind 1111 Ward Street to
BACKGROUND
construct a new Court building in the next 12
months. The final parking lot downtown
This refined workscope, schedule and budget serves the Martinez Detention Facility. This
has been prepared in response to the meeting lot is used on the weekdays and weekends
held at the Contra Costa County on March 1, for County detention employees_
2000.
There are also four County-owned office
The DHS team understands that the purpose buildings at the intersection of Center Street
of the parking evaluation is to develop a and. Muir Road, north of Highway 4 in
Parking Management Plan for several Martinez. The Departments of Health
County-owned lots in the City of Martinez. Services, and Employment and Human
The overall goal is to maximize parking for Services occupy the four buildings. Parking
County employees, use the parking in the demand is high for this site during the
most efficient way, and ensure adequate summer since a movie theater shares parking
parking availability for public use of County with the County. The County is
offices. investigating leasing parking from adjacent
Our understanding is that the parking for the properties to expand the parking supply.
County-owned lots at the downtown Given the high demand for parking and the
Martinez site and also for the lots at the limited, supply at this site and also at the
Center Avenue/Muir Road site is limited and County-owned parking lots downtown, a
both sites are sharing use of some of the Parking Management Plan is necessary to
parking lots with retail business employees maximize the available parking supply and
and the general public. Consequentially, the develop strategies for more effective parking
demand for all the parking lots is exceeding management.
the available supply of parking spaces. In In developing the Scope of Work we have
order to reduce the demand, DKS will assumed the following:
investigate innovative solutions for the
parking lots, such as encouraging carpools, • Four County owned parking lots in
vanpools,and shuttle services. downtown Martinez. These are.
BACKGROUND & — The parking lot east of the County
ASSUMPTIONS Administration Building.
There are four parking lots in downtown The two parking lots east of the Old
Court House
Martinez that are owned by the County. One
of the parking lots is located behind 651 Pine — The parking lot at the Detention
Street, the County Administration Center. Facility
The lot is entirely reserved parking. The • The four County owned parking lots,and
second and third lots are behind 1111 Ward the pig lots for the four County
Street, which has approximately 45 reserved office buildings at the intersection of
parking spaces, but the remainder of the Center Avenue and Muir Road (30,40
second lot is open to the public. The Muir Road and 595,597 Center Avenue)
employees of the downtown retail businesses are the parking lots to be analyzed for
also use these lots, which decreases the this project.
availability of parking spaces for the public.
Parking Design and Management-Proposal April.24,2000
Contra Costa County page d
04/24100 13.18 FAX DKS ASSOCIATES X1004
DKS Associates
The following items will be provided to
DKS Associates:
• Site plans of the existing County owned
lots,if available.
• Data regarding the number of County
employees at nearby offices to assist in
estimating the demand for parking at
each parking lot.
• Previous parking &)Aes for both the
downtown area and Center Avenue lots.
• A schedule of County building
relocations and additions and the phases
for each for both the downtown area and
the Center Avenue.
• The most recent parking/transportation
surveys conducted by the County for
their employees at 5951597 Center
Avenue and the County employees in
downtown.
• Potential off-site locations and the
number of parking spaces available for
the County to lease for their employees.
• Site plans of the existing parking lot at
the Detention Facility.
• The existing number ofparking spaces at
the following locations,if available:
.- The parking lot east of the County
Administration Building.
— The two parking lot east of the Old
Court House
.- The parking lot at the Detention
Facility
— The four County owned parking lots,
for the four County office buildings
at the intersection of Center Avenue
and Muir Road (30,40 Muir Road
and 595, 597 Center Avenue).
The presentation of the plan to County
employees will occur after completion of
the report. This is not in the current
scope and budget.
Parking Design and Management Proposal ApW 24,2000
Contra Costa County Page 2
04/24/00 13:18 FAX
nxs AssociATEs (a 005
Dl(�S Associa les
Task 2: Recommendations for
i2. SCOPE OF WORK Increasing parking supply
Task 1: Traffic Engineering Basal on the findings of Task 1, and a review
and Site Investigation of previous parking studies conducted for the
County at both site locations, DIES will.
DIES staff will conduct field visits to observe prepare a brief working paper summarizing
existing onsite parking conditions during the recommendations from task 2. The
typical weekday period at both the working paper will address several issues at
downtown Martinez County parking lots and both the downtown Martinez County lots and
also at the County lots at 30 and 40 Muir also at the Center Avenue parking lots. These
Road and 535 and 537 Center Avenue. include:
Specific attention will be paid to parking * A sketch identifying specific areas of
turnover rates, number of parked vehicles, parking concerns
driveway locations, and overall circulation • Sketches of existing lots that could be
along the adjacent street (vehicles, bicycles, reconfigured to add to the County's
and pedestrians). We propose to conduct supply of parking
parking surveys to identify and quantify
specific parking issues. The surveys will be + The number of off-site spaces needed
conducted on a weekday between 6:00 A.M. based on the existing supply and
and 7:00 P.M. to cover downtown retail and demand
county employee's usage. Each survey will • How to better utilize the existing
note the following items: number of parking spaces using various
types of parking restrictions to be
• Number of parked vehicles on-site considered, such as:
• Duration of time that each vehicle was — Limited or all day
parked — Weekdays
• Turnover rate of parked vehicles — 'Weekends
• Issues with parked vehicles and overall — Permit parking
circulation, (i.e. street width, narrow — Parking meteors
turning radius, bicyclists, pedestrians,
site distance, and existing parking — Parking enforcement
restrictions [red curbs, signs, fire — Valet parking
hydrants]) Deliverable Product: A brief working
+ Destination and users of the County paper describing the findings of Tasks 1
parking lots (i.e. are they jurors, county and Z,
employees,or retail employees?)
DKS will work with the County Project Task 3: Priority for Reserved
Manager to obtain a list of contacts to parking
interview at the County departments to For the City of Martinez downtown parking
document special parking needs, such as area, DIES will discuss guidelines that the
short-term attorney parking near the Courts, County may want to consider in determining
and temporary parking for jurors,etc. the number and location of reserved parking
spaces that can be provided in the four
Parking Design and Management Proposal April 24,2000
Contra Costa County Page 3
04/24/00 13:19 FAX DKS ASSOCIATES Z006
DKS Associardes
downtown parking lots for County Task 7: f=inal Report
employees. Once comments are received, DKS will
Task 4: Parking Management respond to one set of unified non-
Strategies contradictory comments and develop a final
report. This assumes no additional
DKS will identify parking management quantitative work will be necessary as a
strategies to maximize parking for County result of any of the received comments.
employees based on the phasing of the Should additional work be necessary to
construction of the Family Court building issue a final traffic study, we will request
and relocation of employees into and out of additional budget at that time.
the downtown Martinez and the Center Deliverable Product: Final Report
Avenue County buildings. Strategies that describing analysis methodology,
may apply to this project include,but are not findings and recommendations of Tasks
limited to: one through five.
• Incentives for carpooling and use of Task 8: Meetings
transit;
• Flexible work hours or telecommuting Three meetings with County staff are
for county employees; proposed. One meeting will be held at the
inception of the project to meet the County
• Shared-use parking staff involved in the project and review the
• High turnover rates for visitor parking goals, concerns, and any other issues
regarding the project. Two meetings will
• Shuttle services be held with the County Project Manager.
One meeting will be held after tasks one
Task 5: Enforcement Plan and two are complete and one meeting will
DKS will recommend an enforcement plan be held after the draft report has been
for the recommendations cited in tasks one delivered, to receive comments back on the
through four for both site locations. The . report. Any additional meetings requested
enforcement strategies may include signage, by the Client could be attended on a time-
permitting, metering, physical barriers, and-materials basis, upon receipt of a
ticketing,towing, etc. written authorization.
Task 5: Draft Report 3. SCHEDULE AND
REPORTS
A comprehensive report will be prepared that
describes the results of tasks one through,five. DKS will submit five copies of the draft
and will be presented to the County Project parking analysis report within ninety (90)
Manager. Comments received will be used to calendar days of.receipt of written notice to
modify the report as needed. proceed. Once comments are received on
Deliverable Product: Draft Report the draft report, DKS will produce five
describing analysis methodology, findings copies of the final parking analysis report
and recommendations of Tasks 'one within ten (10) calendar days, assuming no
through five. major changes in assumptions or new
quantitative analyses are requested. A
Parking Design and Management-Proposal April 24,2000
Contra Costa County Page 4
04/24/00 13:19 FAX
DKs AssocIArEs _ iM007
l Cs Associates
complete breakdown of schedule and hours
by task is described in Section 4.
Parking Des4n and Management Proposal April 24,2000
Contra Costa County Page 5
04/24100 13:20 FAX DKS ASSOCIATES 2008
INKS Associa to
• .SCHEDULE AND HOURSBY TASK
Schedule
The schedule proposed for the project is illustrated below:
Task Completion Date
I Traffic Engineering and Site June 2
Investigation
2. Recommendations for increasing June 23
parking supply
3.Priority for Reserved Parking June 23
4. Parking Management Strategies June 23
5. Enforcement Plan July 7
6.Draft Report July 21
7. Final Report August 4
Hours by Task
One-half of the total anticipated hours of staff time are anticipated to be related to each site.
The anticipated hours of staff time separated by task are as follows:
staff Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Total
Project Manager 24 32 16 Is 16 24 8 12 148
Principal 16 4 4 4 4 4 2 12 50
Technical Expert 4 4 4 4 4 2 22
Graphics/CAD/Clerical 24 8 8 40
Totals: 40 64 24 24 24 40 20 24 260
Payment Milestones
The payment milestones for this project will be as follows:
Milestone 1 Brief Working Paper $17,200
Milestone 2 Draft Final Report $15,600
Milestone 3 Final Report $5,000
Parking Design and Management-Proposal April 24,2000
Contra Costa County Page 6
04/24/00 13:20 FAX DKS ASSOCIATES J009
DrKUS ASSOCiate 7
5.CONTRACT
In consideration of the performance of these services,DKS Associates will be compensated the
fixed price amount of$37,800. This fixed price amount is based upon the scope of services and
level of effort presented above.
DKS will invoice based upon deliverable milestones. Payments are due on a net 30-day basis.If
payment of our invoices is not made within 45 days of the due date,DKS reserves the right to
cease work on this project until such time as payment is received. In the event of any litigation
between the parties to this agreement arising from this agreement,the prevailing party shall be
reimbursed for its reasonable attorney's fees and costs.
Should the services not be authorized in thirty(30)days;or should changes occur in the scope or
level of effort;or should the completion date extend beyond September 30,2000 due to
circumstances beyond DDS's control;we reserve the right to revise the scope,budget and
schedule to reflect then current conditions. Such revisions will be effected through amendments
to this agreement.
Two originals of this letter have been provided If this agreement is acceptable,please have a
duly authorized official of your company sign below and return one original for our files. That
signature will constituteformal authorization to proceed with the services according to the terms
outlined.
Sincerely,
Approved by.
DKS Associates
A California Corporation Contra Costa County
Kevin Fehon By:
Principal
44lAtul PateTitle Date
Project Manager
qJa 10010000031 worhscope2.doc
Parking Design and Management Proposal ApW 24, 2000
Contra Costa County Page 7
Office of the County CounselContra Costa County
851 Pine Street, 9th Floor Phone: (925) 335-1840
Martinez, CA 94553 Fax: (925)646-1078
Date: April 28, 2000
To: Davida Amenta
From: Victor J. Westman, County CounsLsel
By: Lillian �I. Fujii, Deputy County
Re: Parkin Management Plan contract with DKS Associates
Pursuant to your request, I have approved the subject agreement as to form.
You have advised me that Sharon Anderson (or Phil Althoff) has reviewed the subject
contract, including special condition No. 1, and that the only different provision is
special condition No. 2 (indemnification).
cc: Sharon L. Anderson, Assistant County Counsel
Phillip S. Althoff, Deputy County Counsel
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