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HomeMy WebLinkAboutMINUTES - 09192000 - C9 TOy' BOARD OF SUPERVISORS, AS THE BOARD OF DIRECTORS OF THE BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT, THE CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT, AND THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 19, 2000 SUBJECT: AUTHORIZE GHAD GENERAL MANAGER TO AMEND EXISTING CONSULTING SERVICES AGREEMENT WITH FARALLON GEOGRAPHICS, SAN FRANCISCIO, CALIFORNIA, AND EXECUTE AN AGREEMENT WITH CONTRA COSTA COUNTY FOR MEMBERSHIP IN CONTRA COSTA COUNTY'S COMPUTER MAPPING/GEOGRAPHIC INFORMATION SYSTEM,DANVILLE AREA. (55% BLACKHAWK GHAD, 35% CANYON LADES GRAD, 10% WIEDEMANN RANCH GHAD) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Actions: 1. AUTHORIZE William R. Gray and Company, Inc., General Manager of the Blackhawk Geologic Hazard Abatement District(BH GHAD),the Canyon Lakes Geologic Hazard Abatement District(CL GHAD)and the Wiedemann Ranch Geologic Hazard Abatement District (WR GHAD)to amend an existing Consulting Services Agreement with Farallon Geographies, San Francisco, California related to preparation of a comprehensive GHAD Geographic Information System and increase the contract payment limit from$24,000 to $85,000. Continued on Attachment:X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER SEPTEMBER 19, 2000 — I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of VOTE OF SUPERVISORS Supervisors on the date shown. _ UNANIMOUS(ABSENT III ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: SEPTEBER 19, 2000 PHIL BATCHELOR,Clerk of the Board of Supervisors and SE:drf County Administrator \\PWS4\SHARDATA\GrpData\SpDist\Board Orders\2000\9 September\Boar Order-9-19-00.doc Orig.Div:Public Works(Special Districts) $y Deputy Contact: Skip Epperly(313-2253) ' cc: County Administrator County Counsel Wm.R.Gray Co.Inc. Farallon Geographies,San Francisco(via WRG&Co.) W SUBJECT: AUTHORIZE GHAD GENERAL MANAGER TO AMEND EXISTING CONSULTING SERVICES AGREEMENT WITH FARALLON GEOGRAPHICS, SAN FRANCISCIO, CALIFORNIA,AND EXECUTE AN AGREEMENT WITH CONTRA COSTA COUNTY FOR MEMBERSHIP IN CONTRA COSTA COUNTY'S COMPUTER MAPPING/GEOGRAPHIC INFORMATION SYSTEM, DANVILLE AREA. (55% BLACKHAWK CHAD,35% CANYON LADES GHAD, 10% WIEDEMANN RANCH CHAD) DATE: SEPTEMBER 19, 2000 PAGE: -2- 1. Recommended Actions(continued): 2. RATIFY the decision of William R. Gray and Company,Inc.,General Manager of the BH GHAD, the CL GHAD and the WR GHAD to execute an agreement for membership in the Contra Costa County Computer Mapping System(CMS) and Geographic Information System(GIS). 3. APPROVE and AUTHORIZE chairperson to execute an agreement between the County and the Blackhawk GRAD,Canyon Lakes GHAD, and Wiedemann Ranch GRAD. 4. DIRECT the Auditor-Controller to make payments to the Consultant as directed in said agreement. II. Financial Impact: There will not be any impact on the County General Fund.The Blackhawk GHAD is funded through revenues generated by County Service Area M-23. The Canyon Lakes and Wiedemann Ranch GHAD's are funded through special assessments on properties located within the boundaries of the two GHAD's. The proposed contract amendment is consistent with the proposed FY 99/00 program budgets for all three Districts. HL Reasons for Recommendation and Background: The Blackhawk GRAD,which was formed in 1986, is located in the Danville area and includes over 2,500 individual residential and commercial properties as well as two golf courses and significant open space areas. The Canyon Lakes GRAD, located in the San Ramon area,was also formed in 1986 and includes over 2,300 individual residential and commercial parcels, one golf course and open space areas. The Wiedemann Ranch CHAD is also located in the San Ramon area and is the newest of the three Districts having been formed in 1998 and expanded earlier this year with the annexation of the Henry Ranch. At build out,the Wiedemann Ranch GRAD will include over 450 residential parcels. Since being selected in 1998 to manage all three Districts,William R. Gray&Company(WRG),Walnut Creek, California has been working to implement a number of management changes and efficiencies. Program budgets have been established for all three Districts; new accounting and bookkeeping systems have been developed and implemented;consultant selection and professional services contracting procedures have been refined; and Major Repair(capital improvement)programs have been established in the Blackhawk and Canyon Lakes GHAD's. WRG is now working to establish comprehensive Preventative Maintenance programs for all three Districts. An element of the Preventative Maintenance Program is the establishment of a comprehensive Geographic Information System(GIS)to facilitate record keeping and incident response in all three Districts. The three Districts jointly retained Farallon Geographies of San Francisco, California to assist with the development of a web-based GIS system that will serve all three Districts. Farallon Geographies has considerable experience in Contra Costa County and has developed GIS systems for the City of San Ramon and the Town of Danville. The system being developed for the GHAD's will utilize the Public Works Departments digital map data. The use of a web-based system will significantly lower both initial and ongoing costs to the three Districts. SUBJECT: AUTHORIZE GHAD GENERAL MANAGER TO AMEND EXISTING CONSULTING SERVICES AGREEMENT WITH FARALLON GEOGRAPHICS, SAN FRANCISCIO, CALIFORNIA,AND EXECUTE AN AGREEMENT WITH CONTRA COSTA COUNTY FOR MEMBERSHIP IN CONTRA COSTA COUNTY'S COMPUTER MAPPING/GEOGRAPHIC INFORMATION SYSTEM, DANVILLE AREA. (55% BLACKHAWK GHAD,35% CANYON LAKES GHAD, 10% WIEDEMANN RANCH GHAD) DATE: SEPTEMBER 19, 2000 PAGE: -3- 111. Reasons for Recommendation and Background(continued): As noted above,the proposed system will utilize data from Contra Costa County's Computer Mapping System(CMS)and Geographic Information System(GIS). The General Manager has proposed that he be authorized to enter into an agreement with Contra Costa County that will provide the three GHAD's access to this data. A copy of the original contract,which includes a detailed scope of services, is attached for the information of the Board. This proposed contract amendment will increase the overall contract payment limit from$24,000 to a total of$85,000. The General Manager will authorize additional work,beyond that currently identified in the scope of services,up to the overall contract payment limit of$85,000 through the issuance of task orders. Payments to the consultant under this contract are being apportioned to the three Districts on a formula basis as follows: 55%to the Blackhawk GHAD, 35%to the Canyon Lakes GHAD and 10%to the Wiedemann Ranch GHAD. This allocation of costs is based on an analysis by William R. Gray and Company,Inc. that reflects the overall size of each District, annual District revenues,each Districts individual budget,the number of residential and commercial units within each District and the number of unique facilities (horizontal drains, sub-drains,piezometers, etc.)that are being maintained by each District. IV. Consequences of Negative Action: Without Board approval,the efficiency measures in the GHAD's Preventative Maintenance Program being implemented by the General Manager may not be fully realized. CONSULTING SERVICES AGREEMENT 1,Special Conditic,ns. These Special Conditions are incorporated below by reference. (a)Public Agency, The 6lackhawk Geol�logic Hazard Abatement District(8H G� _ the Canyon Lakes Geologic aand Abatement District(CL GHAD),'and the Wiedemann Ranch Geologic Hazard Abatement Distrluk_tWR GHAD1 (b)Consultant's Name&Address; Farallon Geo re hics Inc. 2 Batter St.,Ste 805 San Francisco A 94111 Phone:(415)986.3303 Fax:(415)986-3807 - - (c)Project Name,Number&Location:"On Call"Geographic information Services (d)Effactive Date: August 1,3000 (e)Payment Limit: $24,000 (f)Completion Data(s); January 31,2001 (g)Federal Taxpayer's I.D.:94-3278601 2 Si nc atures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTANT By,William R.Gray and Company,inc, General Manager 13y: (Designate official capacity in the Wsfnesshpa,of Business: (sol prietarship,governygency, rtnershi co oration,etc.) if C:Pro o:ati ,State of Inco By_ l�iJ 6y. C C (Designate official capacity in the business) Note to Consultant:for corporations,two officers must sign the contract. 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 tnancial officer or assistant treasurer,(Civ,Code, Sec.1190 and Corps.Code.Sec.313,) A Notary Public must sign the acknowledgment below, CERTIFICATE OF ACKNOWLEDGMENT State of California ) r _ ) ss. County of On the date written below,before me, 0/V Z personally appeared insert name and title of the officerl 'l mon41 L90 EZGK L r aersonaily 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 wit in instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies),and that by hislhetttheir snature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument, rtn l�tr r s/uttE WITNESS my he and official seal. SAN ONG Comm,#1241820 'p Dated. NOTARY PUBLIC-CALIFORNIA UJ Chy A C=lr of Sin f • (Notary's Seal) ++r team,Erden.l 0,1 3 Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Employment. Publio Agency hereby employs Consultant,and Consultant acoepts 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 Repprt.%15 O$Ure Section. Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shat)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)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$1,000,000 for all damages due to bodily'injury,sickness or disease,or death to any person,and damage to property,including the loss of use thereof,arising out of each accident or occurrence,and naming Contra Costa County,Blackhawk CHAD,William R,Gray and Company,Sands Construction and their boards,officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of Insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material change In coverage. e. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses,for which no additional compensation shall be allowed, All payments under this contract will be apportioned as follows; the Biackhawk GRAD w 55%;the Canyon Lakes CHAD-35%and the Wiedemann Ranch GHAD-10%. Notwithstanding the foregoing,those incidental expenses specificaily itemized in Appendix B shall be reimbursable by Public Agency to Consultant.provided that Consultant submits copies of receipts and,if applicable,a detailed mileage tog to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit($)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,Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor,and shall not be considered an employee of Public Agency. 10. Time for Com letion Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by this Agreement no later than the Completion Dates)listed above. "1 Record Retention and Auditing, Except for materials and records delivered to Public Agency,Consultant shall retain ail 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 Shea furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13 .Cwnarshini of Documents. All materials and records of a finished nature,such as final pians,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 shaft be performed by Consultant according to the rates or charges listed in Appendix B. in the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work, In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work, 15, Pavrrent Retention, Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement. After the Consultant has completed all work under oris Agreement,submitted final billing,and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable. A retention will not be withheld far any"on-call"work. 6 1s. Termination by Public Agency. At its option,Public Agency shall have the right to terminate this Agreement at any time lay 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 alt 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 shalt have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa 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 regialation ederai,state or local in origin.This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code,Section 1776, 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant,whether voluntarily,by operation of law or otherwise:provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement,Any other purported assignment,transfer or subcontracting shall be void, 21. Suboantracfrng. Ali subcontracts exceeding 625,000 in cost shalt contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable, 22 Endorsement on Plans. Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency,and where appropriate,indicate hislher registration number. 23 Patents and Ccovrights. The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights GNU 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 shalt continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise, 24. Indemnification. Consultant shall defend,indemnify,save and hold harmless Public Agency,William R.Gray and Company,their boards,effiders 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 l claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency,and will make good to and reimburse the indemniteas 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 cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person;provided,however,that Consultant's obligation to indemnify shaft be limited to the proportion of negligence or wl ful misconduct attributable to Consultant,its submilsuitants,or any person under Consultant's direction or control. _.,... 25. Heirs,Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs,successors,executors,personal representatives and assigns of the parties, 20. 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 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 Contractors presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Contractor may express its views on products to other contractors.the Public Agency's governing board,its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views, 27. Pro ect Personnel, In performing the services under this Agreement,Consultant shall use the personnel listed in Appendix C,attached hereto an made a part hereof by this reference, Changes in project personnel may only be made with Public-Agency's written consent,and Consultant shalt notify Public Agency in writing at feast thirty(30)days in advance of any proposed change. Any person proposed as a replacement shelf possess training,experience and credentials comparable to those of the person being replaced, 26 Payment Review. Public Agency's payment for the services performed by Consultant under this Agreement shall be subject to review, determination of satisfaction,and approval of the Contra Costa County Public Works Department,pursuant to Section i of the Joint Exercise of Powers Agreement dated June 24,1985 between Public Agency and the County of Contra Costa, Attachments;Appendix A,Appendix 9,and Appendix C Form approved by County Counsel(5198) G!tSlackhawkVAdministratianlVendors%Farallon Geographiesldraft Consulting Services Agreement•Farallon,doc TASK 4: Quarterly Update of GRAD GIS Database Description:This task will include quarterly updates and resolution of MetroScan property owner records and parcel map Information with the property owner records in the CHAD GIS database. In addition,this task will include incorporation of one extraction or parcel map update of the County's parcel basemap per year into the CHAD GIS.This task assumes a total of four(4)quarterly updates to the CHAD GIS database for a total of $10,000 for the first year. Schedule: The first quarterly update will be performed in December 2000.The remaining quarterly updates will be performed in March 2001,June 2001 and September 2001. Deliverables: Consultant will provide quarterly updates to the property owner records incorporated in the GHAD GIS web application, Consultant may be required to provide the property owner information in a database format such as Microsoft Access at WRG's ti request. General Manager may add other tasks to scope of services on an as-needed basis. ,/�JIJ Blackhawk Geologic Hazard Abatement District Canyon Lakes Geologic Hazard Abatement District Wiedemann Ranch Geologic Hazard Abatement District Professional Services Contract Farallon Geographies, Inc. Appendix"B"Fee Schedule Consultant estimates the total cost of this project as described in our Scope of Work above will be $52,000 for the first year, Costs for the project tasks are broken down as follows! v Task 1'—Develop Parcel-Based GIS $15,000 )�, Task 2—Develop GIS Web Application 5 9,000 > Task 32—GIS Web Application Hosting Service(12 Months) > Task 4—Update of GRAD GIS Database(4 Quarters) Total $24,000 Consultant will invoice CHAD monthly for the work described in Exhibit"A". Monthly invoices will be based on the percentage completion of the project. Once we begin work on this project,changes in this scope of work initiated by CHAD may require modifications of the project budget, Note—The parties to this agreement are aware that the total cast to complete the work tasks identified in Exhibit A"Scope of Services will exceed the above described budget lbilliam R, Gray and Company, Inc., General Manager of the GHADs intends to seek Board of Directors approval to amend this contract and complete the work tasks identified in Exhibit"A"as well as other work tasks to be identified by the Agency, Task 1—Develop Parcel Based GIS—Fixed Cost.'$15,000. Task 2—Develop GIS Web Application--Fixed Cost.315,000 Task 3--GIS Web Application Hosting Service—Fixed Cost. $1,0001Month, Task 4—Quarterly Update of GHAD GIS Database—Fixed Cost, 32,5001Quarter 1 The cost for this task assumes that Agency will provide Consultant with access to the County's digital parcel basemap data.This project assumes there are approximately 7,500 properties to be incorporated in the CHAD GIS. Property owner records will be obtained from Transamerica Intellitech Inc.'s,MatroScan database and used to link with related parcels in the GAD GIS. 2 This task assumes that GHAD's will subscribe to a minimum 12-month period for the GIS web application hosting service for a total of$12,000. 's Blackhawk Geologic Hazard Abatement District Canyon Lakes Geologic Hazard Abatement District Wiedemann Manch Geologic Hazard Abatement District Professional Services Contract Farallon Geographics, Inc. Appendix"C"Personnel Consultant agrees to assign the following personnel: Tim Eckard Dennis Wuthrich Charlie Crocker Michelle Brusuelas Other personnel may be assigned from time to time;Consultant understands that any such appointments ° may be subject to the approval of the General Manager. VV WV VV VVU�. W.b VA.0 JY! Jlll II11A Z< VL\AA 6: VV "r'+'� XutJL.A\r II VALLfJ �VV.J• VVV AML-NDMENT'T CONTRACT This Contract amendment is effective August 22,2000 between the Blackhawk Geologic Hazard Abatement District(Public Agency),an agency formed under Section 28500 of the Public Resource Code and Farallon Geographies,Inc.(Consultant),a company doing business at 22 Battery Street,Suite 808 San.Francisco,CA 94111. WHEREAS,Public Agency and Consultant previously entered into a contract dated August 7,2000 which Contract was authorized by the General Manager; THEREFORE,Public Agency and Consultant mutually agree to amend said contract to increase the contract payment limit from$24,000.00 to$85,000.00. In all other respects,the contract dated August 7,2000 shall remain in full force and effect. In WITNESS WHEREOF,Public Agency and Consultant have executed this Contract as of date written,on the first paragraph of this Contract. PUBLIC AGENCY By: William R.Gray and Company General Manager CONSULTANT By: /� x (Signature) Tim Eckard,Principal F:tSATn4CFL\b fl!ahBinehMwklA4ntin{grxUertVender9V'arallen GeogrspliaxtComnau�YV pC.piWnenJmcn:m d:wNltin�t Sawia ngre¢nwntJuc Blackhawk Geologic Hazard Abatement District Canyon lakes Geologic Hazard Abatement District Wiedemann Ranch Geologic Hazard Abatement District Professional Services Contract Farallon Geographics, Inc. Appendix"A"Scope of Work TASK 1:Develop Parcel-Based GIS Description; Consultant will develop a parcel-based Geographic Information System (GIS)for the$iackhawk Geologic Hazard Abatement District(BH CHAD),the Canyon Lakes Geologic Hazard Abatement District(CL GHAD)and the Wiedemann Ranch Geotogic Hazard Abatement District(WR CHAD)in Contra Costa County using the County Public Works Department's digital parcel base maps and CHAD boundaries. The boundaries for the three GHAD's Wit be incorporated as a map layer or feature in the CHAD GI$. In addition,Consultant will include 1:24,000 scale digital orthophotographs obtained from the USGS and the digital Images of the corresponding USGS topographic maps(1:24,000 scale)as additional map layers in the CHAD GIS data set. Schedule: A total of four(4)weeks will be needed to complete this task after issuance of a Notice to Proceed by the General Manager of the CHAD.This schedule assumes Consultant has received a copy of the County's digital parcel basemap and CHAD boundary data at the commencement of the project. Deliverables: Consultant will provide GHAD's access to the GIS parcel basemap and database information via a website described under Task 2 and 3 below.Farallon can also provide the property owner information in a database format such as Microsoft Access at the GHADs'request. TASK 2:Develop GIS Web Application Description: Consultant will develop a web-based map viewing and querying appiication to pubifsh maps and database information to CHAD staff over the web.The map viewing application will be built using GeoMadla WebMap and allow CHAD staff to dynamically request parcel map data using up-to-date spatial data. Selected map features will Support interactive queries.The application will allow a user to query parcel information Z property owner,street address,Assessor Parcel Number(APN),or CHAD, The following table summarizes the map layers and queries that will be supported: Map Feature Feature T eJFormat Support Queries? Parcels Vactor/GeoMedia Yes HAD Boundaries VeotoriGeoMedia Yes Feature t abets Taxt/GeoMedia I No Aarlal Pho n hs US RasterlCam ressed 1 7 No USGS to ra hIo ma s Rasterf m rased 1 No The initial application will be optimized for Microsoft Internet Explorer and Netscape Navigator(version 4.0 or greater)as the client browsers. ..., �u ..� Ju.v.+ �JA JAU JY, uAl, ,+i t\ 1?l\:iA � \,.0 www 14'LLlu ula1J `Y.Y,!UJ•e+JJ The CHAD GIS web application will be developed with similar query and map viewing functionality as the City of San Ramon parcel map viewing demonstration web site that was reviewed with CHAD staff in Farallon's offices in San Francisco on April 19,2000. However,the:GHAD GIS application will not include the property owner"Notification" application functionality demonstrated at our offices, Consultant maybe required to incorporate additional functionality into the CHAD web site,such as the San Ramon property owner notification application,or other customized features such as database entry forms for CHAD telephone conversation records under a separate scope of work. The CHAD Gib web site will be customized as appropriate. For example,the CHAD web site may incorporate CHAD logo and other graphic elements,and custom CHAD management or user Interface requests, Consultant will develop a prototype of the web site for CHAD staff to review and provide feedback to Consultant regarding the web site layout and design. The CHAD CIS web site will be developed with built-in scalability such that the GIS database and application functionality will be capable of supporting property annexations to the GHAD's and/or additional CHAD's as may be required. The GIS database and web site design will allow easy accommodation of additional map layers(e.g•hillside drain and plazorneter locations,and water-level data),and new application functionality needed to support CHAD management activities in the future,in addition,the web site will be capable of scaling to support a larger number of users outside of the General Manager and their staff such as other contractors,subcontractors,local homeowner associations,other public agencies and/or the general public. Schedule,A total of six(6)weeks will be needed to complete this task after completion of Task 1. Project Deliverables: Consultant will develop the required web files(HTML),server scripts(ASP Active Server mages),and related files to program GeoMedia WebMap to distribute the CHAD GIS basemaps and database information. All files and scripts will be developed in Oonsultant's San Francisco office. Consultant will host the CHAD web site during the development and de-bugging process, After completion of this task Consultant will be responsible for loading and configuring the scripts and HTML files on a web server hosted by Consultant or an Internet Service Provider(ISP)as described in Task 3, TASK 3:CIS Web Application Hosting Service Description:Agency wishes to have the CHAD GIS application developed for this project hosted through Consultant's GIS web hosting service,This service includes access to a web server located at an Internet Service Provider's(iSP`s)network data center with 24x7 network management services,and access to the GeoMeda WebMap server application, The web serverwill house the CHAD GIS maps and database,and the GeoMedia WebMap server application. Consultant will maintain all aspects of the CHAD GIS web application and database housed at the ISP, Schedule:This task will be implemented immediately following development of the CHAD GIS application under Task 2. Deliverables: Consultant will provide GHAD's access to the GIS parcel basemap and database information via a CHAD GIS web server housed at an ISP data center. 1 AGREEMENT FOR MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER MAPPING SYSTEM (CMS) AND GEOGRAPHIC INFORMATION SYSTEM (GIS) Blackhawk Geologic Hazard Abatement District �� Canyon Lakes Geologic Hazard Abatement District Wiedemann Ranch Geologic Hazard Abatement District The parties to this agreement are the , a political subdivision of the State of Califomia or public agency in the State of Califomia (hereafter "AGENCY" ) and the COUNTY OF CONTRA COSTA, a political subdivision of the State of Califomia (hereafter"COUNTY). 2- 21IRP SE The purpose of this agreement is to provide the AGENCY access to the County's Computer Mapping System (CMS) base map data and/or Geographic Information System (GIS) data, including site specific data for individual parcels, under the limitations contained herein. 3. DEEINIIIONS The following definitions apply herein: & "Computer Mapping System" (CIMS) means the data processing equipment, files and software, developed by Corgi Costa County and installed on County's premises, which are necessary to electronically reproduce the County base maps. b. "Geographic Infonration System" {GIS} means the data processing equipment, files and software, developed by Contra Costa County and installed on County's premises which are necessary to electronically reproduce and analyze County Land Information System data and other data relating to the individual base map parcels. c. "Member" means any agency signing a membership agreement with the COUNTY. d. "Data" means any computerized maps, records, or other information developed, analyzed, stored or retrieved by use of the CMS or GIS. 4. UATEMENT OF SERVICES. Upon Agency's payment of the annual membership charge, County agrees to make available the following services, which Agency may purchase at the costs specified: a. COUNTY agrees to provide the following CIMS products to Member at the County's cost of processing, printing, assembling and shipping each product. 1 r y. 1) County base map books. 2) City and special district base map books. 3) Assembled base maps at a scale and size to meet the Member's need. 4) Floppy discs (5-114 inch) or data tapes for transferring CMS base maps to the Member's computer, in the format speed by County. b. COUNTY agrees to provide GIS products and lists to Members at the County`s costs of processing, printing, assembling and shipping, plus an added charge for County`s data development. Data development costs may include (but are not limited to) the costs of 1) gathering and inputing raw data, 2) data storage and maintenance, and 3) programming for data extraction. GIS products and lists will include such land use maps and/or other maps andfor information as County, in its sole discretion, determines to develop and make available to Members. c. In accordance with the terms of a Data Storage-Online Access Agreement to be drafted by County, County intends to develop and provide to members the following CMS or GIS services: 1) Online access to such CMS and GIS data as County determines to make available to Members, 2) Storage and retrieval of such geographic data developed by Members as County may determine to provide. S. DATABASE DEffiLOPMENT_AND MAINTENANCE COUNTY agrees to continually update the CMS database to insure that all newly created parcels are added to the system within four weeks of filing of a final or parcel map with the County Recorder. AGENCY understands and agrees that the CMS and GIS are developmental systems, that the COUNTY reserves the right to make such changes as it deems appropriate as development continues, and that said changes may include changes to, or even deletion of, some data and may affect the procedure by which the data is obtained and the system is operated. If AGENCY disagrees with any changes or developments COUNTY desires,AGENCY understands and agrees that its only recourse will be to terminate this Agreement under Paragraph 10, "Term", herein. 6. UNAUTHORIZED USE AGENCY understands that only Members are entitled to data from CMS or GIS; and AGENCY agrees that it will not provide said material to anyone other than a Member; provided, however, that 2 nothing herein shall be construed to prevent AGENCY from using the maps and data obtained from the CMS or GIS in the usual course of AGENCY activities, subject to Paragraphs 11 and 12 herein. 7. ANNUAL MEMBERSHI ' CHARGE AGENCY agrees to the annual membership charges set forth below. a. Cities 1) Parcel Charge: All city members shall be required to pay by July 30 of each fiscal year an annual membership charge of$0.05 for each parcel in the city limits. 2) New Lot fee:At the end of each quarter, and as a condition of remaining a member of the CMS or GIS, all city members shall be required to pay to County a fee for each parcel approved for development by the city during that quarter. The fee for each such parcel shall be in the amount of the New Lot Fee imposed by the County for base mapping of parcels approved for development by the County during that quarter. County's base mapping New Lot Fee as of March 1989 is $25 per parcel, but Agency understands that said amount may be increased by County at any time. b. Special Districts 1) Parcel Charge: All special district members shall be required to pay by July 30 of each fiscal year an annual membership charge of$0.10 for each parcel within the limits of the special district, c. The aforesaid New Lot Fee shall be due and payable by the end of the quarter in which this Agreement is signed. Payment of the aforestated annual membership Parcel Charge will not commence until at least 90% of the base maps for the agency's area are loaded into the system. 8. PRE lD NNS AL MEMBERSHIP CHARGE COUNTY is accepting up to five years of prepayment of the annual membership charge as a means of financing some of the system development costs. Upon proper illation of membership under Section 10, 'Tenn,"AGENCY will be reimbursed the applicable unused portion of any prepayment. 9. SERVIC CHAR Each Member will have an account established for use in obtaining the products and services noted above. The COUNTY will establish a yearly cost schedule for computer time, staff labor, special data charges, and miscellaneous costs necessary to developing and providing CMS and GIS products and lists. The COUNTY will bill Members on a bi-monthly basis for the cost of the products 3 and services they have purchased. The charges shall be payable when billed. 10. JEM. This Agreement is for the fiscal year ending June 30, 19 and shall continue thereafter on a term as provided herein. After June 3thiAgreement tduet of each fiscal year unless terminated be terminated by either party upon 30 day written notice and payment of an Ycharges Upon proper termination and payment of all charges then due, the annual membership charge will be prorated on a monthly basis and the unused portion returned to AGENCY. 11. •,"�`�LAft�"E.R (3F Ll l3I #TY AN WAR �►,NM AGENCY UNDERSTANDS AND AGREES THAT IT ISQUITE POSSIBLE OMISSIONS WILL OCCUR IN DATA INPUT AND/OIC PROGRAMMING DONE BY COUNTY TO PROVIDE THE DATA IN THE FORM DESIRED,AND AGENCY FURTHER AGREES THAT IT IS HIGHLY PROBABLE THAT ERRORS AND OMISSIONS WILL OCCUR IN ANY RECORD KEEPING PROCESS, ESPECIALLY WHEN LARGE N TA MAYNOT MEET AGENCY'S BERS OF RECORDS ARE DEVELOPED AND MAINTAI � THE NOTW THSTANDING, AGENCY STANDARDS AS 70 ACCURACY OR COMPLETENESS; AGREES TO TAKE THE DATA "AS IS," FULLY EXPECTINGCOUNTY.THERE MAY WELL BE ERRORS AND OMISSIONS IN THE DATA OBTAINED EROM AGENCY FURTHER UNDERSTANDS AND AGREES THAT COUNTY MAKES AAS O�TELY NO WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, THE ACCURACY, THOROUGHNESS, VALUE, QUALITY, VALIDITY,PURPOSE CHANTOF HE ABILITY, SUITABILITY, CONDITION, OR FITNESS FOR A PARTICULARTHE DATA IS ANY PROGRAMMING USED TO OBTAIN THE DATA, NOR AS TO WHETHER MEANINGFUL ERROR-FREE, UP- FACTS. COMPLETE OR BASED UPON ACCURATE O FACTS. AGENCY FURTHER UNDERSTANDS AND AGREES THAT IT FOREVER WAIVES ANY R OTHER RECOURSE THAT ITIUIIG D ALL RIGHTS, CLAIMS, CAUSES OF ACTION ANY INJURY OR DAMAGE OF ANY TYPE, OTHERWISE HAVE AGAINST COUNTY FOR T, INDIRECT, IN WHETHER DIRECCIDENTAL, CONSEQUENTIAL OR OTHERWISE, FROM ANY ERROR OR OMISSION IN DATA OR IN ANY PROGRAMMING OUTHIS RESULTINGSED TO OBTAIN THE DATA, OR IN ANY MANNER ARISING OUT OF OR RELATED AGREEMENT OR THE DATA PROVIDED HEREUNDER. AGENCY AGREES THAT CU Y OR NTY SHALL NOT BE LIABLE TO AGENCY FOR ANY LIABILITY,�AIM, LOSS,�D, DIRECTLY OREINDIRECTLY, EXPENSE OF ANY KIND CAUSED OR ALLEGED TO BE BY THE INADEQUACY OF ANY CMS OR GIS DATA OR ANY ERVICE OR BY ANY OTHER THER DEFICIENCY OF TEE SYSTEMS, BY ANY DELAY OPROVIDE OPERATIONS. AGENCY AGREES THAT INTERRUPTION, DISRUPTION OR LOSS OF AGENCY IT WILL, IRRESPECTIVE OF ANY ALLEGED LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR 4 r O a E EXPENSE, CONTINUE TO PAY ALL CHARGES IN THE AMOUNT'S STATED HEREIN UNTIL THIS AGREEMENT IS PROPERLY TERMINATED IN ACCORDANCE WITH ITS TERMS. 12. IHIR12 PA= USE OE a. Agency agrees that it will provide no copy (or partial copy) of any data to any other entity, business or individual without 1) disclosing that the copy (or partial copy) of the data is obtained from Contra Costa records, and 2) including a complete copy,of Paragraph 11 of this Agreement with the copy (or partial copy) of the data. b. Agency hereby agrees to defend, save, hold harmless and indemnify County and its officers, employees and agents, against claims by anyone for any loss, injury, damage, risk, cause of action, or liability of any type (including legal fees) occurring to Agency or any other person, relating to or arising out of the subject matter of this Agreement, or which may be alleged to have been causedt neither directly or indirectly, by the acts, conduct, 'remissions, negligence or lack of good faith of County, its officers, agents or employees in any way related to or arising out of the subject matter of this Agreement. 13. .fiF.NERAL This Agreement constitutes the entire contract between AGENCY and the COUNTY. Notwithstanding any representations to the contrary by any agent of COUNTY, no other terms or conditions shall apply herein unless agreed to in writing by both parties subsequent to the date this Agreement is signed by the parties. 14. DEFAULT N PAYMEM Upon failure of AGENCY to make payments for 30 days after due, as specified herein, AGENCY agrees and understands that COUNTY may, at COUNTYS discretion, forthwith terminate the AGENCY'S Membership. Such remedy shall be in addition to any other legal remedy COUNTY may have. BOARD OF SUPERVISORS AGENCY OF CONTRA COSTA COUNTY Blackhawk Geologic Hazard Abatement District Canyon Lakes Geologic Hazard Abatement District By Wiedemann Ranch Gaal is Hazard Abatement District VTCE Chair, Bdfird of Su ry sors William R. gray and Corm any, nc., General Manager By: William R. Gray, president 5 ATTEST: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator w By � y By. . MAURICE SHIU Public Works Director APPROVED AS TO FORM FOR COUNTY: APPROVED AS TO FORM FOR AGENCY: VECTOR STMAN, County uns By By 0007 Title: 6 .....................