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HomeMy WebLinkAboutMINUTES - 10172006 - C.16 TO: BOARD OF SUPERVISORS,AS GOVERNING BOARD ,,._���,�`=_� Contra OF THE BLACKHAWK GEOLOGICAL HAZARD f ABATEMENT DISTRICT J/ ' Costa ail 'z FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR County DATE: October 17, 2006 C l SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GRAD) General Manager to execute a Consulting Services Agreement with Farallon Geographics, Inc. in an amount not to exceed $37,600 to provide asset management information and consulting services to the Blackhawk GHAD for the period September 1, 2006 through June 30, 2007, Danville area. (Blackhawk GRAD Funds) (District III) Project No. 7760-6X5147 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District(GHAD)General Manager to execute a Consulting Services Agreement with Farallon Geographics, Inc. in an amount not to exceed $37,600 to provide asset management information and consulting services to the Blackhawk GHAD for the period September 1,2006 through June 30, 2007. CONTINUED ON ATTACHMENT: El SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): �1 A z4ie�� q� � ACTION OF BOA61 ��,6��'' 17 024001CC APPROVED AS RECOMMENDED OTHER o- VOTE QF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON '// UNANIMOUS(ABSENT 010W AL - ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Eric Whan 313-2242 G:\SpDistlBoard Orders\2006-Board Orders\10-17-06 BO Farallon Blackhawk.doc ATTESTED � JOHN CULLEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator County Counsel Assessor Auditor-Controller BY: DEPUTY E.Doten,Special Districts T Kleinfelder,Inc. SUBJECT: RATIFY the decision of the Blackhawk Geologic Hazard Abatement District (GRAD) General Manager to execute a Consulting Services Agreement with Farallon Geographics, Inc. in an amount not to exceed $37,600 to provide asset management information and consulting services to the Blackhawk GHAD for the period September 1, 2006 through June 30, 2007, Danville area. (Blackhawk GHAD Funds) (District III) Project No. 7760-6X5147 DATE: October 17, 2006 PAGE: 2 of 2 FISCAL IMPACT: There is no impact to the County General Fund. The Blackhawk GHAD is funded through revenues generated by County Service Area M-23 (CSA M-23). REASONS FOR RECOMMENDATIONS AND BACKGROUND: Farallon Geographics, Inc. has provided ongoing consulting services in the area of GIS (Geographic Information Systems) and GPS (Geographic Position Systems), which allows the District to manage data collected through a variety of means including incident response reports, repair site maps and reports on conditions of other District maintained facilities. Farallon Geographics will continue to provide monthly web hosting services and update the database with regard to property ownership and property geometries. In addition, the general manager requested Farallon Geographics, Inc. to provide public access to portions of the website to further develop the District's public communications plan; import additional mapping layers to the GIS system to allow a more comprehensive spatial analysis of collected data,and to assist the District in implementing and managing its GPS systems program. CONSEQUENCES OF NEGATIVE ACTION: Negative action would deprive the District of access to time-sensitive and critical data to use in its operations. It would further inhibit the District's ability to manage new data and information during its routine operations. CONSULTING SERVICES AGREEMENT 1.Soecial Conditions. These Special Conditions are incorporated below by reference. (a) Public 4ency: Blackhawk Geologic Hazard Abatement District (b) Consultant's Name&Address: Farallon Geograahics Inc. 600 Mission Street.2" Floor San Francisco CA 94105 Phone:(415)227-1140 Fax:(415)227-1148 (c) Project Name,Number&Location: Geographic Information Services (d) Effective Date: September 1,2006(e) Payment Limit(s): $37,600 (f) Completion Date(s): June 30,2007 (g) Federal Taxpayer's I.D.:94-327$601 2. Sianatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONS&AT By:Richard D.Short,Kleinfelder, Inc. C� General Manager B (Designate officciiallccapacity+ the business) B • ��I s' ,c�c�� s Byl��� business) y: ._.�..-� /, (Designa?e official c�acity in the Type of Business:Sole Proprietorship,Government Agency, Partnership or Corporation (circle (circle one) If Corporation,State of Incorporation: C / Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president or vice-president:the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer.(Civ.Code,Sec.1190 and Corps.Code.Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of Californian Count of i— ) County /� Y A✓ic7�,rb as. On the date wfitjen bolo ,before me, ra �71n��G� personally appeared(insert name and title of the officer ` czL. .K.,Prti'{a `—fir ri<S G.I tcfn,personally known to me(or proved to me on the basis of satisfactory evidence)to b�IJhe personisN whose a e fs/(r subscribed t the within "nstrument and acknowledged t me that he/she/tto executed the same in his/her/they authorize capacity(e�and that by his/her/t cer signatur�on the instrument the person or the entity upon behalf of which the pers (s)acted,executed the instrument. WITNESS my hand and official seal. Dated: (Notary's Se I) ERICA GAR is Commission# 1676 ry S ..� NOfOry Public-COlif< ni Y Son Francisco County My Comm.Expires Jun 18,201 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Employment. Public Agency hereby employs Consultant,and Consultant accepts such employment,to perform the professional services described herein,upon the terms and in consideration of the payments stated herein. 5. Scope of Service. This is an"on call"contract. Scope of service shall be described in Appendix A,attached hereto and made a part hereof bythis reference. 6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shall contain, in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)exceeds$5,000. When multiple documents or written reports are the subject or products of this agreement,the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof:(a) Workers'Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of $1,000;000 a maximum deductible of$50,000; and (c) Comprehensive General Liability Insurance,including blanket contractual(or contractual liability)coverage,broad form property damage coverage, and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$2,000,000 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,Sands Construction.Company,Inc.,Blackhawk GHAD,Richard D.Short,Kleinfelder,Inc. 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. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be allowed. Notwithstanding the foregoing,those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s)specified in Sec.1(e)without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each item of services,the employee categories,hours and rates.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 Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered bythis Agreement no later than the Completion Date(s)listed above. it. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement,including financial records,fora period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents. All materials and records of a finished nature, such as final plans,specifications, reports,and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work. Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra 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. Payment 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 this 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. Retention will not be withheld for any"on-call"work. 16. Termination by Public Agency. At its option. Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant,whether or not Consultant is then in default. Upon such termination, Consultant shall,without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid,without duplication,all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall,without delay,deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement,Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement,Consultant shall comply with all applicable laws,statutes,ordinances,rules and regulations, whether federal,state or local in origin.This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code,Section 1775. 20. Assionment. 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 sub-contracting shall be void. 21. Subcontracting. All subcontracts exceeding$25,000 in cost shall 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 his/her registration number. 23. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by . operation of law or otherwise. 24. Indemnification. Consultant shall defend,indemnify,save and hold harmless Public Agency,Contra Costa County,Richard D.Short,Kleinfelder, Inc.,Blackhawk GRAD,Sands Construction Company,Inc.and their boards,officers and employees from any and all claims,costs and liability for any damages,injury or death arising directly or indirectly from,or connected with,the services provided hereunder and due to,or claimed or alleged to be due to,negligence or willful misconduct of Consultant,its officers,employees,agents,subconsultants,or any person under its direction or control,save and except claims or litigation arising through the sole negligence or sole willful misconduct of Public Agency,and will make good to and reimburse the indemnitees for any expenditures:including reasonable attorney's fees,the indemnitees may make by reason of such matters and,if requested by any of the indemnitees,will defend any such suits at the 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 shall be limited to the proportion.of negligence or willful misconduct attributable to Consultant,its subconsultants,or any person under Consultant's direction or control. 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. 26. Public Endorsements. Contractor shall not in its capacity as a contractor with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its Public Agency Contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well- established and widely-accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency contractor capacity. Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product,even if Contractor is not publicly endorsing a product,as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding'the foregoing, Contractor may express its views on products to other contractors, the Public Agency's governing board, its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. Project Personnel. In performing the services under this Agreement,Consultant shall use the personnel listed in Appendix C,attached hereto and made apart hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 28. 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 1 of the Joint Exercise.of Powers Agreement dated June 24,1986 between Public Agency and the County of Contra Costa. Attachments:Appendix A,Appendix B,Appendix C Form approved by County Counsel(5198) Blackhawk Geologic Hazard Abatement District (GHAD) Farallon Geographies, Inc. Professional Services Contract Appendix A Scope of Work Task A: GIS Web Application Hosting Service TASK A: GIS Web Application Hosting Service Description:Farallon Geographies will provide monthly hosting services for the Blackhawk GHAD GIS applications. This service includes management and maintenance of the web server hardware/software and GIS map server software as well as providing access to Kleinfelder and the Blackhawk GHAD to the Blackhawk GHAD GIS applications. Under this task,Farallon will maintain all aspects of the Blackhawk GHAD GIS web applications, database, and related web server hardware and software. Task B: Semi-annual Update of GHAD GIS Database Description:This task will include semi-annual updates of the property owner records and the parcel geometries in the Blackhawk GHAD GIS. Farallon will update the Blackhawk GHAD GIS property owner records and parcel geometry to reflect new subdivisions, parcel splits, and parcel merges based on the County's parcel basemap. In past years, parcel geometries in the Blackhawk GHAD GIS were only updated annually. This task assumes a total of two(2)semi-annual updates (including parcel geometry updates)to the Blackhawk GHAD GIS. Task C: GIS Technical Support Services Description: The Blackhawk GHAD has requested that Farallon develop a budget to provide GIS Technical Support Services for fiscal year 2006/2007. Tasks that fall under this scope have not yet been defined in detail. Once defined, Farallon will provide a detailed proposal and cost estimate. We have identified several tasks that could be supported under this task: • Strategic consulting services • Development of Issue Tracker for the GHAD • Semi-annual updates of asset data • Further development of Asset Management application • Additional web application development or site enhancements • Development of new GIS layers • GPS support • General support and training All work under this task will be performed using Blackhawk GHAD Task Orders and scoped using Farallon's 2006 Rate Sheet (see attachment). General Manger may add other tasks to scope of services on an as-needed basis. Blackhawk Geologic Hazard Abatement District (GRAD) Farallon Geographies, Inc. Professional Services Contract Appendix B Fee Scbedule 2006 RATE SHEET PERSONNEL: Personnel charges are for technical work performed including the preparation of reports and correspondence and for the time associated with production of such documents. Direct charges are not made for secretarial service,office management,and accounting;these items are included in overhead.The rates for each Personnel Category are listed below: Personnel Category Hourly Rate Senior Managers $200-$250 Project Managers $140-$185 Senior GIS Application Developers $160-$200 GTS Application Developers $125 -$150 Senior Database En_ineers $185-$225 Database Engineers $165-$185 Senior GIS Analysts $150-S175 GIS Analysts $125-$140 Associates $90-$105 Technical Training S163-$225 Time spent in travel in the interest of the client will be charged at hourly rates,except that no more than 8 hours of travel time will be charged in any day.When it is necessary for an employee to be away from the office overnight,actual costs,or a negotiated rate, will be charged for living expenses.Rates are subject to change on January 1",2007. OUTSIDE SERVICES: Outside services will be charged at cost plus 15%.Common outside items include:equipment rental,printing and photographic work, special insurance,and outside consultants. REIMBURSABLE EXPENSES: These out-of-pocket expenses include travel expenses,large format color map production,in-house document production,postage or delivery services,long-distance communications and specialized computer software expenses-.These expenses will be invoiced at cost plus 15%. INVOICES: A late charge of 1.5%per month or the maximum charge allowed by law,whichever is less,will be payable on accounts not received within 30 days from invoice date. Farallon will invoice the GRAD monthly for the work described in this Proposal for GIS Services. Any monthly invoices will be based on the percentage completion of the project. Changes in this scope of work initiated by the G.HAD may require modifications of the project budget. If you find the proposed scope of work,cost,and project schedule acceptable,please develop a GHAD Task Order outlining our scope and costs for each task. Blackhawk Geologic hazard Abatement District (GLAD) Farallon Geographies,Inc. Professional Services Contract Appendix C Personnel Consultant agrees to assign the following personnel: Dennis Wuthrich Jeff Saunders David Lapp Alexie Peters Stephanie Stanfield Other personnel may be assigned from time to time; Consultant understands that any such appointments may be subject to approval of the General Manager Formw=9 Request for Taxpayer Give form to the (Rev.November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. internal Revenue Service N Name(as shown on your income lax return) m Farallon Geographics, Inc n a Business name,if different from above c 0 0 % a o Individual/ Exempt from backup Check appropriate box: ❑ Sole proprietor Corporation E] Partnership E] Other > .....Corporation ❑✓ withholding 0 C m Address(number,street,and apt.or suite no.) Requester's name and address(optional) a= 609 Mission St-2nd Floor V 'v City,state,and ZIP code a San Francisco,CA 94105 d List account number(s)here(optional) d N Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid social security number backup withholding. For individuals,this is your social security number(SSN).However,for a resident alien, sole proprietor,or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 1914131217181610 11 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because:(a) I am exempt from backup withholding,or(b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S. person(Including a U.S.resident alien). Certification instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally, payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of / Here U.S.persoN® ,( Z >'` Date > Purpose of F e An individual who is a citizen or resident of the United A person who is required to file an information return with the States, IRS, must obtain your correct taxpayer identification number o A partnership, corporation, company, or association (TIN)to report, for example, income paid to you, real estate created or organized in the United States or under the laws transactions, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or e Any estate (other than a foreign estate)or trust. See contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a)for additional U.S. person.Use Form W-9 only if you are a U.S. person information. (including a resident alien), to provide your correct TIN to the Special rules for partnerships. Partnerships that conduct a person requesting it (the requester) and, when applicable,to: trade or business in the United States are generally required 1. Certify that the TIN you are giving is correct (or you are to pay a withholding tax on any foreign partners' share of waiting for a number to be issued), income from such business. Further, in certain cases where a 2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to 3presume that a partner is a foreign person, and pay the . Claim exemption from backup withholding if you area withholding tax. Therefore, if you are a U.S. person that is a U.S. exempt payee. partner in a partnership conducting a trade or business in the In 3 above, if applicable, you are also certifying that as a United States, provide Form W-9 to the partnership to U.S. person, your aflocable share of any partnership income establish your U.S. status and avoid withholding on your from a U.S. trade or business is not subject to the share of partnership income. withholding tax on foreign partners' share of effectively connected income. The person who gives Form W-9 to the partnership for Note. If a requester gives you a form other than Form W-9 to purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the request your TIN,you must use the requester's form if it is substantially similar to this Form W-9. partnership conducting a trade or business in the United States is in the following cases: For federal tax purposes,you are considered a person if you o The U.S. owner of a disregarded entity and not the entity, are: Cal.No.10231X Form W-9 (Rev.11-2005)