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HomeMy WebLinkAboutMINUTES - 07172001 - C.20 eJ7 TO: BOARD OF SUPERVISORS, ACTING AS THE BOARD OF DIRECTORS OF THE BLACKMAWK GEOLOGIC HAZARD ABATEMENT DISTRICT, THE CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT, AND THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR G•z0 DATE: July 17, 2001 SUBJECT: AUTHORIZE William R. Gray And Company, as General Manager of the Blackhawk, Canyon Lakes and Wiedemann Ranch Geologic Hazard Abatement Districts, to execute a Professional Service Contract between the Geologic Hazard Abatement Districts and Farallon Geographics in the amount of 580,000. effective July 1, 2001 through :lune 30, 2002. SPLCIFIC RI QUEST(S)OR RI::CONlN4l;NDATI0N(S)&BACKGROUND.AND JUSTIFICATION I. Recommended Action: AUTHORIZE William R. Gray and Company, Inc., General Manager of the Blackhawk Geologic Hazard Abatement District (GHAD), the Canyon Lakes GHAD and the Wiedemann Ranch GRAD to execute a professional service contract for $80,000.00 with Farallon Geographies, Inc., San Francisco, California, effective on July 1, 2001 to provide Geographic Information System (GIS) technical support services, update of the GHADs' GIS database, and web application hosting service. Conthmed on hm • X , 1 AT 1 "r- 41 jL+,N4 �A---N r _RECOIMMUNDATION OF COUNTY ADMINISTRATOR _ RECOM N1 LNDATION OF BOARD COMMITTEE APPROVE OTIIER f• SIGNATURE(: ACTION OF BOARD ON JULY 17, 2001 APPROVED AS RECON1MENDEDxx OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. SE:sd JULY 17 2001 G:\GrpData\SpDisr,Board Oi-(Icrs\2001\BOs 7-17-O1.doc ATTESTED: Orig.Div:Public Works(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors and County Contact: Skip I-:pperly(313-2253) Administrator cc: Auditor-Controller Accounting Elections- R.Davis J.Rushton,PW Deputy - Francisco&Associates,Inc. 130 Market Place,Suite 160 San Ramon,CA 94583 SUBJECT: Authorize William R. Gray And Company, as General Manager of the Blackhawk, Canyon Lakes and Wiedemann Ranch Geologic Hazard Abatement Districts, to execute a Professional Service Contract between the Geologic Hazard Abatement Districts and Farallon Geographies in the amount of$80,000. effective July 1, 2001 through June 30, 2002 DATE: July 17, 2001 PAGE: 2 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 Blackhawk GHAD will fund 45% of this contract; the Canyon Lakes GHAD will fund 45% of this contract; and the Wiedemann Ranch GHAD will fund 10% of this contract. III. Reasons for Recommendation and Background: The Blackhawk GHAD, 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 GHAD, 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 GHAD is also located in the San Ramon area and is the newest of the three Districts having been formed in 1998 and has since been expanded with the annexation of Henry.Ranch. At build out, the Wiedemann Ranch GHAD will include over 450 residential parcels. The Board of Supervisors, acting as Board of Directors of the GHADs awarded Farallon a contract on September 19, 2000 to assist the GHADs for Fiscal Year 2000/2001. The three Districts seek authorization to continue to contract with Farallon Geographies, 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 Cities of San Rai-non and Danville. The system being developed for the GHADs will utilize the Public Works Department's digital map data. The use of a web-based system will significantly lower both initial and ongoing costs to the three Districts. Payments to the consultant under this contract are being apportioned to the three Districts on a formula basis as follows: 45% to the Blackhawk GHAD, 45% to the Canyon Lakes GHAD and 10% to the. Wiedemaiul Ranch GHAD. This allocation of costs is based on an analysis of by William R. Gray and Company, bic. 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 GHADs' Preventative Maintenance Program being implemented by the General Manager may not be fully realized. CONSULTING SERVICES AGREEMENT 1.Special Conditions. These Special Conditions are incorporated below by reference. • (a)Public Agency: The Blackhawk,2eoloaic Hazard Abatement Distrl t MH GHAD1• the Canyon Lakes Geologic Hazard Abatement District(CL GHAD1:and the Wiedemann anch Geologic Hazard Abatement District(WR CHAD) (b)Consultant's Name&Address: Farallon Geographies,Inc. 910 Harrison Street.2" Floor San Francisco.CA 9 107 Phone:(4151 227.1140 Fax?(415)227.1148 (c)Project Name,Number&Location:Geographic Information Services (d)Effective Date: July 1,2001 (e)Payment Limit: $80,000 (f)Completion Date(s): June 30,2002 (g)Federal Taxpayer's I.D.: 94-3278601 2. Signatures. These signatures attest the partles'agreement hereto: PUBLIC AGENCY CONSULTANT By:William R.Gray and Company,Inc. General Manager By C- Designs 0 tial capaci in th u e , By. � •. By: (Designate cotriclal capacity in the busine s) Type of Business:sole proprietors ment agency, partnershipcorporatio //circle one) If Corporation,State of Incorporation: Nola 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 financial 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 ) q//' e;✓✓�/L��c)i ) as. County ) On the date wrl n clow,b re me,'Z �a'f�/Z'J Y f b U3G/t'personally appeared finsert nam and title of the ctficer 1' -.A4 &ZkaAZ�,personally known td me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)i a 11 hs nbed to the within instrument and acknowledged to me that he/shpAFGY.Ixecuted the same in his/her/their authorized capacity(ies),and that by his/he ei ignature(s)on the instrument the person(s),or the entity LIPCTFbehalf of which the person(s)acted, executed the instrument. WITNESS m�y�hand and official seal. LEE Dat /r-`�N� �O, �y HAR7GRJVE Comm4slo en. (NotarysSea) NotoryP c- omlac, ubllc San Francisco County My Comm,Eq*w Dec2S 2002 .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 as described in Appendix A,attached hereto and made a part hereof by this reference. 6. Report Disclosure Section. Any document or written repon 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)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,Blackhawk GHAD, Canyon Lakes GHAD,Wiedemann Ranch GHAD,William R.Gray and Company,Sands Construction Company,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. All payments under this contract will be apportioned as follows: the Blackhawk GHAD-45%,the Canyon Lakes GHAD-45%and the Wiedemann Ranch GHAD-10%. 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 derailed mileage log to Public Agency. In no event shall the total amount paid to Consultantexcoed 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 by this Agreement no later than the Completion Date(s)listed above. 11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement,including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use. 12. Documantalion. 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. 4; 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°/6)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 Puolle Agency wi'd 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, t 9. 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. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant whether voluntarily,by operation of law or otherw'se;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 spicing 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 525,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each suboonsultant 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,Blackhawk GRAD,Canyon Lakes CHAD, Wiedemann Ranch GRAD,William R.Gray and Company and Sands Construction,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,suboonsultants,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 attorneys 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 indemnity 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 shalt 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. Notwithatanding the foregoing,Contractor may Mess its views on products to other, confractbrs,the Public Agency's governing board,its officers,or others who maybe authorized by the Public Agency's governing.board or by law to receive such views. 27, Proiec Personnel, In performing the services under this Agreement,Consultant shall use the personnel listed in Appendix C,attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent, and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 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,and Appendix C Form approved by County Counsel(5/98) F:\DATA\GHAD files\BlackhawklAdminlstration\Vendors\Farallon Geographics\ContractslFY 01-021,Consulting Services Agreament.doc Black-hawk 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 A: GIS Web Application Hosting Service Description:Farallon will provide monthly hosting services for the GHAD GTS applications. This service includes management and maintenance of the web server hardware/software and GIS map server software as well as access by WRG and the GT-IADs to the GHAD GIS applications. Under this service,Farallon will maintain all aspects of the GHAD GIS web applications, database, and related web server hardware and software. TASK B: Ouarterly Update of GHAD GIS Database Description: This task will include quarterly database updates of property owner records in the GHAD GIS using MetroScan data. In addition, once a year Farallon will update the GRAD GIS parcel geometry, to reflect parcel splits, and merges,using an extYaction of the County's parcel basemap. This task assumes a total of four(4)quarterly updates to the GHAD GIS database for a total of$10,000 for the first year. TASK C: GIS Technical Support Services Description: The GHADs have requested Farallon develop a budget to provide GTS Technical Support Services for fiscal year 2001/2002.Tasks that fall under this scope have not yet been defined in detail. Once the GHADs have defined a task to be performed under this scope, Farallon will provide a detailed proposal and cost estimate. We have identified several tasks that could be supported under this task: • Strategic consulting services Additional web application development (i.e. WRG management too]) • Development of new GIS layers GPS support All work under this task will be performed using GRAD Task Orders and scoped using Farallon's 2001 Rate Sheet. General Manager may add other tasks to scope of services on an as-needed basis. Blackhawk Geologic Hazard Abatement District Canyon Lakes Geologic Hazard Abatement District Weidemann 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 Appendix A "Scope of Work," will be $80,000. Costs for the project tasks are broken down as follows: Task A: GIS Web Application Hosting Service(12 Months) $12,000 ➢ Task B: Update of GRAD GIS Database(4 Quarters) $10,000 ➢ Task C: GIS Technical Support Services $58,000 Total: $80,000 Consultant will invoice the GRAD monthly for the work described in Appendix "A" on a time and materials basis in accordance with their adopted rate sheet(attached). Monthly invoices will indicate the percentage complete for each individual task. Changes in this scope of work initiated by GRAD may require modifications of the project budget. A •w . . 910 Harrison stroet Tel:(415)227-1140 ted Floor Pax(418)227-1148 • . San Francisco,CA 94107 wwi[,torgoo.com r FARALLON GEOGRAPHICS,INC. 2001 RATE SHEET PERSONNEL: Personnel charges are for technical work,including technical typing,editing,and graphics involved in 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,accounting,and maintenance, because these items are included in overhead. Personnel category charge rates for Farallon Geographies, Inc,are listed below. Personnel Category Hourly Rate Spatial Data Development $85-$115 Map Production $85 -$175 Training $150 Technical Project Management $125- $175 Systems Architecture &.Integration $150-$200 Windows Application Development $150 Web Application Development $150- S200 Database Engineering Microsoft Access $125 Microsoft SQL $175 Oracle 8i $200 Oracle Si Spatial $250 Strategic Consulting $150-$250 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. A multiplier of 1.15 will be applied to all personnel expenses. Rates are subject to change on January 1812002. OUTSWE SERVICES: Outside services will be charged at cost plus 15%. Common outside items to which this 1.15 multiplier applies include: equipment rental, printing and photographic work, special insurance, outside consultants, travel and transportation, vehicle usage, and long-distance communications. REMURSABLES: Photocopies $0.15/sheet Facsimile copies $0.50/page GIS Software Applications $25.00/hour INVOICES: 10% of the total project budget will be invoiced at project initiation, due upon receipt. After the initial invoice, invoices will be rendered monthly, either as a final or partial billing, and will be payable upon receipt. An additional late payment charge of 1 1/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date. Revised 1/1/01 Bla.ckhawk Geologic Hazard Abatement District Canyon bakes Geologic Hazard Abatement District Wiedemann Ranch Geologic Hazard Abatement District Professional Services Contract Farallon Geographies, Inc. Appendix "C" Personnel Consultant agrees to assign the following personnel: Tim Eckard Charlie Crocker Dennis Wuthrich Michelle Brusuelas Jeff Saunders David Lapp Adam Lodge Eric Bayer 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.