HomeMy WebLinkAboutMINUTES - 01222008 - C.7 (3) CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
•
BOARD ACTION:JANUARY 22, 2008
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to
California Government Codes. - c
t' you is your notice of the action taken
on your claim by the Board of
DEC 2 US 2007 Supervisors. (Paragraph IV below),
given Pursuant to Government Code
COUNTY U JNSEL Section 913 and 915.4. Please note all
AMOUNT: $96,768.98 pl RTl IEZ CALIF_
"Warnings".
CLAIMANT: FRANKLIN M. STERLING
and ASSOCIATES
ATTORNEY: SOPHIE N. FROELICH DATE RECEIVED: DECEMBER 24, 2007
NOSSAMAN, GUTHNER, KNOX
ADDRESS: & ELLIOTT BY DELIVERY TO CLERK ON: DECEMBER 24, 2007
50 CALIFORNIA STREET, 34th FLOOR
SAN FRANCISCO, CA 94111 BY MAIL POSTMARKED: DECEMBER 21, 2007
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DECEMBER 24, 2007 JOHN CULLEN, C
Dated: By: Deputy
11. FROM: County Counsel TO: Clerk of the Board of Su rvisors
(- Y,, 'his claim complies substantially with Sections 910 and 910.2.
( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so
notifying claimant. The Board cannot act for 15 days (Section 910.8).
( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and
send warning of claimant's right to apply for leave to present a late claim (Section 911.3).
( ) Other:
Dated: 2-'Z7, 7 BY: / / 1�J�� � Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER: By unanimous vote of the Supervisors present:
(&�r This Claim is rejected in full.
O Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated. •? i �ULLEN, CLERK, By Deputy Clerk
WAR NG (Go . code section 913)
Subject to certain exceptions,you have only six(6) months from the date this notice was personally served
or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may
seek the advice of an attorney of your choice in connection with this matter. If you want to consult an
attorney,you should do so immediately. *For Additional Warding See Reverse Side ofThis Notice.
AFFIDAVCT OF MAILING
I declare under penalty of perjury that I am now, and at all times herein mentioned, have
been a citizen of the United States, over age 18; and that today I deposited in the United
States Postal Service in Martinez, California, postage fully prepaid a certified copy of this
Board Order and Notice to Claimant, addressed to the claimant as shown above.
Date 041N CULLEN, CLERK By Deputy Clerk
12/20/2007 14:42 CONTRA COSTA COUNTY CLERK OF THE � 914153982438 NO.971 P02
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. A clam relating to a cause of action for death or for injury to person or to personal property or
growing crops shall be presented not later than six months after the accrual of the cause of
action. A claim relating to any other cause of action shall be presented not later than one year
after the accrual of the cause of action.
(Gov.. Code § 911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,
County Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claire is against a district governed by the Board of Supervisors, rather than the County, the
name: of the District should be filled in.
D. If the claim is against more than one public entity, separate claims must be filed against each
public entity.
E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form.
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RE: Claim By: Reserved for Clerk's filing stamp
Franklin M. Sterling and Associates
(FMSA) ) Ec ::]
)
Against the County of Contra Costa or )
County of Contra Costa Airport Div )
District)
(Fill in the name) )
}
The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named
district in the sum of$ 96,768.98 and in support of this claim represents as follows: (and interest)
1. When did the damage or injury occur? (Give exact date and hour)
County of Contra Costa and the County of Contra Costa - Airport Division
terminated the contract without paying FMSA its outstanding invoices on 5/31/07.
2. Where did the damage or injury occur? (Include city and county)
N/A
1 How did the damage or injury occur? (Give full details; use extra paper if requiued)
See Exhibit C to this filing.
4. What particular act or omission on the part of county or district officers, servants, or employees
caused the injury or damage? The County of Contra Costa and the County of Contra Costa -
Airport Division failed to pay FMSA money due under the contract, attached hereto
as Exhibit A.
5 What are the names of county or district officers, servants, or employees causing the
damage or injury?
Contra Costa County - Airport Division and Keith Freitas.
12/20/2007 14:42 CONTRA COSTA COUNTY CLERK OF THE 4 914153982438 NO.971 903
6. What damage or injuries do your claim resulted? (Cave full extent of injuries or damages
claimed. .Amzh two estimates for auto damage.)
See Exhibit C hereto.
7. How was, the amount claimed above computed? (Include the estimated amount of any
prospective injury or dama.ge.)
See Exhibit B hereto.
8. Names and addresses of witnesses, doctors, and hospitals:
Franklin M. Sterling, 73 Oakmont Avenue, Piedmont, CA 94610. Please contract
through attorney Sophie N. Froelich (Contact information below)
9. List the expenditures you made on account of this accident or injury:
DATE TIME AMOUNT
See Exhibit B hereto and approximately $15,000 in attorney's fees. FMSA is also
seeking interest up through the date that the claims are ultimately paid.
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Gov. Code Sec. 910.2 provides"The claim shall be
signed by the claimant or by some person on his
behalf."
SEND NOTICES TO: (Attorney) )
Name and address of Attomey )
Sophie N. Froelich --
Nossarian, Guthner, Knox & ) (Claimant's Signature)
Elliott, LLP )
50 California Street, )
34th Floor
San Francisco, CA 94111 j (Address)
(415) 398-3600 )
Telephone No. ) Telephone No.
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PUBLIC RECORDS NOTICE:
Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to
public disclosure under the California Public Records Act. (Gov. Code, §5 6500 et seq.) Furthermore, any
attachments, addendums,or supplements attached to the claim form, including medical records, are also subject to
public disclosure,.
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NOTICE:
Section 72 of the Penal Code provides
Every person who, with intrnt to defraud, presents for allowance or for payment to any state board or officer, or
to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or
fraudulent claim., bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a
period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both sucb
imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars
($10,000), or by both such imprisonment and fine.
Exhibit A
22.1506 1.DOC
e
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County -Airports Division
(b) Consultants Name &Address: FMS Associates
73 Oakmont Avenue
Piedmont, CA 94610
(c) Project Narne, Number, &Location: Airport Security Upgrade-Planning and Design for Buchanan Field Airport
(d) Effective Date: June 1, 2005 (e) Payment Limit(s): $216,430
(f) Completion Date(s): June 1, 2007
(g) Federal Taxpayer's I.D. or Social Security Number. 286-26-8419
2. Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu /}
Public Works Director/ B : r
fi
Chief Engineer, or Designee es nate o acity in the business Type of B siness:
(sole proprietorship, overnment agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
B • r BY:
U (Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant secretary,
chief financial officer,or assistant treasurer.(Civ. Code, Sec. 1190 and Corps. Code. Sec.313.)The acknowledgment below
must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for
-Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
Dated:
Notary Public
(Notary's Seal)
�Ir� I�f zgfo�
State of California )
County of Contra Costa ) -
On t Z� before me, —Y k VW ��K 1
a Deputy Cleric of the Board of Supervisors, Contra Costa County, pe nally appeared_
YVl . S t vl
personally known to me (or proved tom n the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that helshelthey executed the same in his/her/their authorized capacity(ies), and that
by his/her:/their signature(s)on the instrument, the person(s), or the entity upon behalf of
which they person(s) acted, executed the instrument.
In witness wher of, I have hereunto set my hand the day and year first above written.
Signatur
ep Irk
N .
os"ra co���
3. Parties.Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Employment. Public Agency hereby employs Consultant,and Consultant accepts such employment,to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by
this reference.
6. Report Di;;closure 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 and 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$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 Public Agency, Contra Costa County, its/their governing bodies,
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 by this Agreement no later than the Completion Date(s)listed above.
11. Record lRetenUon and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records,for a
period of at least five years after Consultant's receipt of the final payment under this Agreement.Upon request by Public
Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to
authorized representatives of the state and federal governments,at a convenient location within Contra Costa County
designated by Public Agency, and without restriction or limitation on their use.
12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendi;K 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 Detention,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.A 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. 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 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 indemnify, defend, save, protect, and hold harmless Public Agency, its governing
body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims,
costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directty or indirectly
from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole
or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors,
subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any
expenditures, including reasonable attomeys'fees and costs,the Indemnitees may make by reason of such matters
and , if requested by any of the Indemnitees,shall defend any such suits at the sole 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 shall not be required to indemnify
Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the
Public Agency,its governing body,officers,or employees. This indemnification clause shall survive the termination or
expiration of this Agreement.
25. Heirs,Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shalt inure to the
benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant 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 Consultant capacity, Consultant 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 Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a
product,as long as the Consultant'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,Consultant may express its views on
products to other Consultants,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. Protect 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. Disadvantaged Business Enterprise(DBE) Requirements(Federal aid proiects only). Consultant shall comply with
all applicable provisions of 49 CFR,Parts 23 and 26, and the County's Disadvantaged Business Enterprise(DBE)
Program,which are incorporated into this Agreement by reference. In addition, in performing services under this
Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request
for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix
B attached to this Agreement, The Consultant shall not substitute a listed DBE at any time or decrease the
amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE
and shall submit to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures (Federal aid proiects only). Consultant shall comply with the following
provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allowability of individual
items of costs set forth In 48 CFR,Chapter 1, Part 31:(b)the administrative procedures set forth in 49 CFR,Part 18;
and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to
Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to
be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30
days of written request from Public Agency. Should Consultant fail to do so,and should the Public Agency file legal
action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other
expenses Incurred by Public Agency in connection with such action.
Attachments:Appendix A,Appendix B,Appendix C
Form approved by County Counsel(11/00)
G:\GrpData\Design\FORMS\Drawer#1\Csagen over 25000.doc
APPENDIX A
SCOPE OF WORK
BUCHANAN FIELD AIRPORT SECURITY UPGRADE
Revision 5, April 28, 2005
Consultant shall provide consulting engineering services to Contra Costa County
Airports Division for the development of the design and installation of security
access control enhancements for the Buchanan Field Airport.
This project has a Disadvantaged Business Enterprise (DBE) goal of 18.2%. The
consultant shall either meet the DBE goal or demonstrate a good faith effort to
meet the goal.
At the conclusion of Phase I, either party may request the negotiations be
reopened if the scope of work as defined herein for subsequent phases changes
from that which was originally negotiated. If agreement cannot be reached, the
contract shall be terminated as set forth in the Consulting Service Agreement.
Contra Costa County will provide plans and drawings that show boundary
monuments, boundary locations, building and other facility locations, including
any underground utility locations at or near airport boundaries and/or buildings
and other facilities; to the extent that such plans and drawings are extant. If such
plans and drawings are not available, the County shall take appropriate actions
to physically locate all boundaries, building and other facilities and underground
utility locations such that physical locations as depicted on Consultant plans and
drawings are accurate within minimum standards of care.
Consultant has total responsibility for the accuracy and completeness of his
findings, analyses, calculations, plans, drawings and related designs;
specifications, schedules and estimates prepared for each task and phase; within
the context of County supplied reference and boundary locations. Reviews by
FAA and the County may not include detailed review or checking of the design of
major components and related details or the accuracy with which such designs
are depicted on the plans. Reviews by FAA and the County of the plans,
specifications and estimates or any other pertinent information will not relieve the
Consultant of his responsibility for accuracy and completeness of the documents.
Neither the Consultant nor any of his sub-consultants may incorporate any
equipment, software or material originating from a single source or sole source
selection, without a formal written approval from the County.
The signature page of the project manual and of every original sheet of the
project plans and drawings shall bear a "wet seal" impression of the responsible
professional engineer's California State Registered Professional Engineer's
Page 1 of 10
stamp, counter signed with the responsible engineer's signature. The "wet seal"
impression shall clearly show the engineering discipline, the license number and
the expiration date of the license.
The work products provided by the Consultant under this agreement shall be
prepared in accordance with and in compliance with applicable Federal (FAA)
regulations, California Code of Regulations titles as well as Contra Costa County
regulations, standards, advisory circulars, policies and procedures. Said work
products shall be made available to the County and the Federal FAA Northern
California Area Office for review and approval in accordance with the submittal
requirements provided herein.
As described in the phases and tasks that follow, this project shall consist of but
not be limited to:
A. Conduct an airport security assessment study and prepare an
assessment report, develop access control requirements, a conceptual
plan, design and estimate.
B. Prepare plans, drawings, specifications and estimates for
implementation of the access control requirements.
C. Provide optional technical support for the procurement, and
construction, of access control provisions as needed.
D. Provide optional construction management support for the installation
and integration of the access control provisions as needed
E. Provide other optional tasks as described herein upon written
authorization by the County
This project shall be organized into four phases that shall carry the work to 35%
completion in Phase I through 100% completion in Phase IV. Four additional
phases (V, through Vill) provide optional procurement and construction support,
systems integration, training system maintenance support; and preparation of
new Buchanan Airport Security Program documents. The first four phases
include draft, preliminary and final submittals of reports, drawings and
specifications, thus allowing for review and comment by the County with
incorporation of review comments in subsequent submittals. As part of this
work, the consultant shall prepare and submit conceptual, preliminary
intermediate and final estimates of the access control equipment, software,
materials, training, spares, tools and test equipment; operations and
maintenance costs.
Page 2 of 10
PHASE t. DESIGN DEVELOP1ViENT (35% Proiect Completion)
Task 1. Buchanan Field Threat and Vulnerability Assessment. The
inspection of the entire airport property to identify all security
threats to the public, airport/tenant personnel and facilities,
property. An evaluation of existing airport security provisions
and facilities to define vulnerabilities to the threats. To
prepare and submit a Threat & Vulnerability Report that
documents the findings and presents corrective
recommendations. Comments from Contra Costa County
will be incorporated in the final version of the threat &
Vulnerability Report.
Task 2. Buchanan Field Airport Security Advisory Task Force. The
planning, recruitment and mobilization of a task force to
serve as a resource for development of security system
operational requirements. This Task Force would represent
the interests of Buchanan Field operations, tenants, the
community, pilot/passengers, public safety organizations and
the County of Contra Costa.
Task 3. Security System Requirements Definition. Using the Task 2
Task Force, organize and implement focus groups to
ascertain current and long-term security systems
requirements. Document findings in the Security Systems
Requirements Definition Report, which shall be prepared in,
draft, preliminary and final forms as described above.
Task 4. Security System Conceptual Design. Quantify system
requirements collected in Task 3 into the security access
control functions and performance requirements needed to
meet operational requirements. Document access control
requirements in order of highest priority showing the cost of
each capability. Document the selected functions and
performance requirements into the Design Criteria for
Buchanan Field Security Upgrade. Submit the access
control conceptual design in the form of a narrative report
and conceptual drawings. Prepare a conceptual budget with
a 25% allowance. Prepare the Buchanan Field Airport
Security Program Report to document the recommended
design and budget. Organize this submittal in prioritized and
phased procurement and installation actions and
expenditures. Prepare a program work plan and a master
schedule that depicts the sequence of work tasks and
durations necessary to implement the program.
Page 3 of 10
Task 5. Prepare and Present Recommended Buchanan Security
Program. Provide presentations for County and Airport
management, as well as for the Security Task Force
members.
Task 6. Prepare and Present Phase I Status Report. Submit this
report to document the completion and acceptance of all
tasks and deliverables in this Phase, as well as to document
any problems or issues that are outstanding. Prepare and
submit status reports at the end of each phase thereafter.
Task 7. _Provide an Additional Four (4) Presentations. Include
presentations for FAA, TSA and the Airport Security
Advisory Task Force.
Table 1 — Phase I Deliverables
Threat &Vulnerability Report
Security System Requirements Definition Report
Design Criteria for Buchanan Field Airport Security Upgrade
Buchanan Field Airport Security Program Report
• Conceptual Design Narrative
• Conceptual Drawings
• Conceptual Cost Estimate
• Work Plan
• Master Schedule
Four (4) Presentations to FAA, TSA, Advisory Task Force
Phase I Status Report
PHASE Il. DETAIL DESIGN (65% Proiect Completion).
Task 1. Prepare and submit revised FMSA workscope and costs to
reflect approved Phase II tasks. Update and reissue Project
Master Schedule. Obtain Authorization to Proceed.
Task 2. Prepare 65% Plans and Drawings. Depict and describe
Buchanan Field Airport access control system to be
procured and installed. The drawings shall utilize AutoCad
2000 as the computer aided design drawing system. Contra
Costa County Public Works will provide its preferred drawing
format and title block. Drawings shall include an airport plot
plan showing exterior security provisions layered on an
Page 4 of 10
existing airport plan showing property boundaries, buildings,
facilities and roadways. The County will provide all available
existing drawings, which shall then be verified by the
consultant as to accuracy and currency. System drawings
shall include a functional block diagram that depicts the
system configuration, single-line or riser diagrams that depict
the security data network and cable plant; building interior
and exterior security field device layout locations for access
control, surveillance, intrusion detection and duress alarms.
Additional drawings that show and depict installation details
will be prepared for door and gate access control and
intrusion detection equipment; interior and exterior camera
installations, the security system control center equipment
layout as well as miscellaneous details. Where detail data is
to be supplied by a third 'party, a "TBA" notation will be
shown in a drawing area or on a detail. All drawings will be
submitted in e-format on compact discs as well as in hard
dopy form. Hard copies shall be black line copies, as
required by the County. All drawings shall be unchecked
100% complete depictions except for TBA details.
Task 3. Prepare 65% Security System Specifications. Include
access control, closed circuit television; intrusion detection,
duress alarms and the security system control center. All
specifications will utilize the Construction Specification
Institute Masterspec 3-Part form and format. All
specification sections shall be 100% complete except for
interface and interconnection details. Where such are to
added, an area of white space shall be inserted with a TBA
notation. Specifications shall be submitted in e-format on
compact discs. Hard copy specifications shall also be
supplied as a single master reproducible and multiple copies
as required by the County.
Task 4. Prepare related specification sections for project
management and control for related disciplines that are
required for a complete system installation. These may also
include earthwork, concrete, structural, demolition,
casework, painting, fencing, lighting, and penetrations,
electrical and mechanical. Related specifications shall be
assembled with standard Public Works administrative and
contractual specifications to be supplied by the County.
Assemble 100% complete "Special Provisions" that include
the specifications prepared in Task 3 under the Caltrans
format and include standard pay clauses. Submit e-copies
Page 5 of 10
and hard copies as described in Task 3, for review and
comment by the County.
Task 5. Prepare 65% Engineer's Estimate. Revise and upgrade the
previous 35% estimate for the security and related work
shown on the drawings and described in the specifications.
Add a 15% allowance to cover the TBA details that are to be
added. Submit for review and comment.
Task 6. Upgrade the Project Work Plan and Master Schedule.
Reflect the completion of construction documents. Revise
completion dates as may be required and submit. Submit for
review and comment.
Task 7. Prepare and submit the Phase 11 Project Status Report.
Provide presentations for Airport and County Management
as required.
S3; ( "I Y�zJp fcDb,370
Table 2- Phase II Deliverables
Revised FMSA Workscope and Cost Estimate
Revised Project Master Schedule
65% Plans and Drawings
65% Specifications
Project Management and Control Specifications
Related Discipline(s) Specifications
Administrative & Financial Conditions (By County)
65% Engineers Estimate
Upgraded Project Master Schedule
Phase 11 Status Report
PHASE Ill. CONSTRUCTION DOCUMENTATION (95% Project Completion)
Task 1. 95% Construction Drawings. After receiving comments from
the Airport, County and the Airport Security Task Force,
revise and update drawings. Incorporate drawing details
missing from Phase II drawings. Incorporate any drawing
changes required by the FAA and/or TSA. Coordinate all
drawings to remove any physical, mechanical, electrical,
data or system interferences. Resubmit 95% drawings as in
Phase II for County review and comment.
Page 6 of 10
Task 2. 95% Specifications. As in Task 1, incorporate comments
and changes required by the County. Coordinate any
interfaces and add any details from Phase II. Resubmit final
specifications as stated for Phase 11 specifications.
Task 3. 95% Engineer's Estimate. Upgrade to incorporate cost
changes from revisions incorporated in Tasks 1 and 2.
Revise contingency allowance downward to 5%. Resubmit
final estimate.
Task 4. Revise Proiect Work Plan and Master Schedule. Incorporate
changes to reflect the task 1 and Task 2 revisions. Resubmit
As the final work plan and schedule.
Task 5. Prepare and submit the Phase III Project Status Report.
k�A I AIbD tZ7, 85o
Table 3 — Phase III Deliverables
95% Construction Plans and Drawings
95% Specifications
95% Engineer's Estimate
Final Project Work Plan and Project Master Schedule
Phase III Project Status Report
PHASE IV. FINAL PLANS DRAWINGS, SPECIFICATIONS AND ESTIMATE
Task 1. 100 % Plans and Drawings. Incorporate all comments,
additions and modifications that result from County, FAA
reviews. Conform final plans and drawings to County format
as specified below in deliverables table if this has not been
accomplished. Produce master and copy sets in paper and
e-forms.
Task 2. 100% Specifications. Incorporate all comments, additions
and modifications that result from County and FAA reviews.
Assemble final specifications into the Project Manual.
Produce paper and e-copies as required by County.
Task 3. Final Cost Estimate. Incorporate the cost impacts of final
changes to the plans, drawings and specifications. Issue the
final project cost estimate.
Task 4. Prepare and submit Phase IV Status Report.
Page 7 of 10
Table 4 — Phase IV Deliverables
100% Plans & Drawings as One (1) set of original
tracings on County CADD border with title
sheet stamped and signed by project engineer
both 11 x17 inch (690 mm x 914 mm) and
24 x 36 inch (2379 x 914 mm) sizes on Mylar.
Seven (7) sets of the 11 x 17 inch size final plans
Three (3) paper copies of the Project Manual, on 8'/Z
x 11-inch 20# printer paper drilled and bound
with heavy covers showing the project name and
County seal, stamped and signed by the project
engineer.
One (1) e-copy of the project manual on compact disc
Three (3) paper copies of the Special Provisions printed
on 20# printer paper drilled and bound (single side
copies.
One (1) copy of edited Special Provisions on compact
disc(Microsoft Word in Caltrans format).
Final Cost Estimate
Phase IV Status Report
OPTIONAL WORK
The following optional phases are included as "add alternate work" which
shall be performed by the Consultant as directed. Each optional phase
described in the following paragraphs shall be separately approved,
authorized and documented by a task order.
PHASE V. OPTION 1 - CONSTRUCTION SUPPORT (Through Completion
of Installation)
Task 1. Provide technical support to County Public Works and
Procurement. During the advertisement, bidding, selection
and contracting for the delivery and installation of the
security system and related work, provide technical support
as needed. Include bid walks, presentations to vendors and
contractors. Provide any responses required to clarify work
or system requirements.
Task 2. Construction Support. After selection and award, lead
contractor(s) and vendor(s) through the required work via a
Page 8 of 10
start-up conference and a second bid walk. Regular
monthly coordination and progress meetings shall be held
through completion of project installation and closeout of any
installation discrepancies. The Consultant shall respond to
Requests for Information and Requests for Clarification as
these may occur. Coordinate and resolve any interfaces
and/or technical issues in the contracted work. Review and
approve any submittals required in the specifications.
Monitor Contractor's installation testing to assure specified
installation tests are successfully completed.
Task 3. Prepare and Submit Phase V Status Report.
PHASE V1 OPTION 2 - SYSTEM INTEGRATION
Task 1. Identify, Document, Manage and Control all System
Interfaces. Supervise contractor's interconnection and
interface testing for all interfaces between his work and any
existing security systems, airport facilities and/or buildings.
Initiate interface management and control procedures,
documentation' and practices. Supervise contractor's
implementation of security monitoring and control at the
Byron Airport and its subsequent interconnection to
Buchanan facilities.
Task 2. Monitor Contractor's System Integration Activities Related to
the Access Control System. Monitor, review and approve all
access control.system acceptance and commissioning tests.
Monitor work-off and correction of any system discrepancies.
Task 3. Review and Approve Contractor's As-Build Drawing
Submittal. If requested, prepare the As-Built Record
Drawings using marked up installation drawings. Produce
an As-Built Record Drawing set using CADD files from
Phase IV plans and drawings. Prepare black line drawings
on plotter paper as specified for construction drawings. Also
submit an e-copy of As-Built Record Drawings on compact
disc.
Task 4. Prepare and submit the Final Proiect Status Report. Provide
technical support to project closeout as needed.
PHASE VII OPTION 3 -TRAINING AND SYSTEM MAINTENANCE
Task 1. Supervise Airport Security System User-Training Program.
As required in specifications, review training program
Page 9 of 10
syllabus, training manual(s) and training materials such as
instruction videos, training handouts and/or sample
equipment components. Monitor delivery of the training
course.
Task 2. Review and Approve all Spare Parts Complements. Also
review system test equipment required for system operations
and maintenance.
Task 3. Prepare and Submit a Maintenance Plan. Provide a plan
and program for airport security system maintenance after
the warranty period has been completed. Provide technical
support for outsourcing of security system maintenance if the
County selects this option.
PHASE VIII OPTION 4— UPGRADE EXISTING BUCHANAN AIRPORT
SECURITY PROGRAM DOCUMENT
Task 1. Revise and Update the Existing Buchanan AirportSecurity
document. Revise and update the existing Buchanan Airport
Security Program to reflect the airport security upgrade and
the changes in Federal TSA security program requirements.
Task 2. Prepare the Buchanan Field Airport Security. Operations
Manual. Prepare and submit the security operations manual
to include all normal and emergency airport operational
conditions. Revise as necessary to incorporate Airport
and/or Federal and State requirements applicable to general
aviation airports.
Page 10 of 10
BUCHANAN FIELD AIRPC-T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/25r2oa5 REV 2
PHASE 1 - DESIGN DEVELOPMENT
TASK 1 THREAT &VULNERABILITY STUDY PROJECT MGR 16 $165 $2,640
ASSIST IN STUDY TECH CONSULTANT 8 $125 $1,000
ASSIST IN STUDY PROJECT ENGR 8 $125 $1,000
PREPARE & SUBMIT T&V REPORT PROJECT MGR 8 $165 $1,320
COORDINATE T&V FINDINGS TENANT COORD 2 $165 $330
REVIEW T&V RECOMMENDATIONS TECH CONSULTANT 2 $125 $250
REVIEW SCHEDULE IMPACT IPROJ MGMT ENGR 1 2 $110 1 $220
TASK 1 TOTAL 46 $6,760 `
TASK 2 PLAN&MOBILIZE ADVISORY TASK FORCE PROJECT MGR 8 $165 $1,320
PLAN &MOBILIZE ADVISORY TASK FORCE TENANT COORD 8 $165 $1,320
DEVELOP FOCUS GROUP PROGRAM PROJECT ENGINEER 4 $125 $500
SCHEDULE FOCUS GROUP MEETINGS PROJ MGMT ENGR 4 $110 $440
TASK 2 TOTAL 1 24 $3,580
TASK 3 DEFINE SECURITY REQUIREMENTS PROJECT MGR 16 $165 $2,640
ASSIST IN DEFINITION TECH CONSULTANT 8 $125 $1,000
ASSIST IN DEFINITION PROJECT ENGR 20 $125 $2,500
ASSIST IN DEFINITION COMM ENGINEER 16 $110 $1,760
PREPARE SECURITY REQM'TS REPORT PROJECT MGR 8 $165 $1,320
ASSIST IN REPORT PREPARATION PROJECT ENGR 4 $125 $500
ASSIST IN REPORT PREPARATION ICOMM ENGINEER 1 8 $110 1 $880
TASK 3 TOTAL 80 $10,600
TASK 4 DESIGN DEVELOPMENT
CONDUCT FOCUS GROUPS PROJECT MGR 4 $165 $660
CONDUCT FOCUS GROUPS TENANT COORD 4 $165 $660
PREPARE DESIGN CRITERIA TECH CONSULTANT 8 $125 $1,000
PREPARE DESIGN CRITERIA PROJECT ENGR 8 $125 $1,000
PREPARE DESIGN CRITERIA COMM ENGINEER 4 $110 $440
PREPARE CONCEPTUAL DESIGN PROJECT ENGR 8 $125 $1,000
PREPARE CONCEPTUAL DESIGN COMM ENGINEER 8 $110 $880
PREPARE CONCEPTUAL DRAWINGS TECH CONSULTANT 8 $125 $1,000
PREPARE CONCEPTUAL DRAWINGS PROJECT ENGR 8 $125 $1,000
SUPERVISE DWG CADD DWG PREP COMM ENGINEER 16 $110 $1,760
PREPARE CADD DRAWINGS CADD TECHNICIAN 8 $75 $600
ADMINISTRATIVE SUPPORT PROJECT ADMIN 8 $70 $560
PREPARE CONCEPT. COST ESTIMATE TECH CONSULTANT 4 $125 $500
PREPARE CONCEPT COST ESTIMATE PROJECT ENGR 4 $125 $500
LEAD COST ESTIMATION PROJ MGMT ENGR 8 $110 $880
PREPARE COST ESTIMATION COMM ENGINEER 16 $110 $1,760
PREPARE CONCEPT PLAN& SCHEDULE PROJ MGMT ENGR 16 $110 $1,760
ASSIST IN PLANNING PROJECT ENGR 4 $125 $500
ASSIST IN PLANNING COMM ENGINEER 4 $110 $440
BUCHANAN FIELD AIRPC-`T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/25/2005 REV 2
REVIEW WORK PLAN PROJECT MGR 4 $165 1 $660
SUBMIT SECURITY PROG & PLAN PROJECT MGR 4 $165 $660
ASSIST IN SUBMISSION PROJ MGMT ENGR 4 $110 $440
TASK 4 TOTAL 160 $18,660
TASK 5 PRESENT SECURITY PROGRAM PROJECT MGR 8 $165 $1,320
PRESENT SECURITY PROGRAM TECH CONSULTANT 8 $125 $1,000
PRESENT SECURITY PROGRAM PROJ ENGINEER 8 $125 $1,000
PRESENT SECURITY PROGRAM COMM ENGINEER 4 $110 $440
INCORPORATE COMMENTS PROJECT MGR 4 $165 $660
INCORPORATE COMMENTS TECH CONSULTANT 2 $125 $250
INCORPORATE COMMENTS PROJECT ENGR 2 $125 $250
INCORPORATE COMMENTS ICOMM ENGINEER 2 $110 1 $220
TASK 5 TOTAL 38 $5,140
TASK 6 PREPARE&SUBMIT PHASE 1 REPORT PROJECT MGR 4 $165 1 $660
ASSIST IN REPORT PREPARATION PROJ MGM'T ENGR 4 $110 $440
ASSIST IN REPORT PREPARATION ADMIN ASS'T 4 $70 $280
TASK 6 TOTAL 12 $1,380
TASK 7 FAA, TSA, ASAC PRESENTATIONS PROJECT MGR 16 $165 $2,640
ASSIST IN PREPARATION ADMIN ASS'T T8 $70 $560
TASK 7 TOTALS 24 $3,200
PHASE 4 SUBTOTALS 384 $49,320
OTHER PHASE 1 DIRECT COSTS:
PLOTTING & REPRODUCTION OF PHASE 1 DRAWINGS $125.00
AIR TRANSPORTATION (4 ROUND TRIPS) $1,305.00
AUTO RENTAL $2,075.00
HOTEL ACACCOMODATIONS $1,691.00
PER DIEM $665.00
TOTAL ODC PHASE 1 $5,861.00
PHASE 1 TOTAL $55,181
PROJECT SUBTOTAL $55,181
BUCHANAN FIELD AIRPC "T
AIRPORT SECURITY UPGRADc PROJECT
DETAILED COST SPREADSHEET 412512005 REV 2
PHASE 2 DETAIL DESIGN (65 % SUBMITTAL)
TASK 1 REVISE, SUBMIT PROJECT FMSA COSTSPROJI PROJECT MGR 8 $165 $1,320
ASSIST IN ESTIMATION PROJECT ENGR 4 $125 $500
PREPARE ESTIMATE PROJ MGM T ENGR 16 $110 $1,760
PREPARE DETAIL PROJECT SCHEDULE PROJ MGM'T ENGR 16 $110 $1,760
ASS'T IN SCHEDULE PREPARATION PROJECT ENGR 2 $125 $250
ASST IN SCHEDULE PREPARATION TECH CONSULTANT 2 $125 $250
ASST IN SCHEDULE PREPARATION COMM ENGINEER 8 $110 $880
REVIEW SCHEDULE PROJECT MGR 2 $110 $220
OBTAIN NTP 1PROJECT MGR 1 4 $110 1 $440
TASK 1 TOTALS 62 $7,380
TASK 2 PREPARE 65%PLANS& DRAWINGS PROJECT ENGR 8 $125 $1,000
SUPERVISE CADD DWG PREPARATION COMM ENGINEER 24 $110 $2,640
CADD DRAWING PRODUCTION CADD TECH 32 $75 $2,400
REVIEW DRAWINGS PROJECT MGR 4 $165 $660
TASK 2 TOTALS 68 $6,700
TASK 3 PREPARE 65%SPECS PROJECT ENGR 60 $125 $7,500
ASST IN SPEC PREPARATION TECH CONSULTANT 40 $125 $5,000
ASST IN SPEC PREPARATION PROJ MGM'T ENGR 40 $110 $4,400
SPEC REVIEW PROJECT MGR 20 $165 $3,300
TASK 3 TOTALS 160 $20,200
TASK 4 PREPARE 65%PM/ADMIN SPECS PROJECT MGR 16 $165 $2,640
ASST IN SPEC PREPARATPION PROJ MGM'T ENGR 4 $110 $440
ASST IN SPEC PREPARATPION ADMIN ASST 16 $7D $1,120
TASK 4 TOTALS 36 $4,200
TASK 5 PREPARE & SUBMIT 65% COST EST. PROJECT ENGR 20 $125 $2,500
PREPARE &SUBMIT 65%COST EST. PROJ MGM T ENG 16 $110 $1,760
PREPARE&SUBMIT 65%COST EST. COMM ENGINEER 36 $110 $3,960
ASSIST IN PREPARATION ADMIN ASST 12 $70 $840
REVIEW COST ESTIMATE PROJECT MGR 2 $165 $330
TASK 5 TOTALS 86 $9,390
TASK 6 REVISE &SUBMIT PROJECT SCHEDULE PROJ MGM'T ENGR8 $110 $880
ASST IN SCHEDULE PREPARATION COMM ENGINEER 4 $110 $440
REVIEW SCHEDULE PROJECT MGR 4 $165 $660
TASK 6 TOTALS 16 $1,980
TASK 7 PREPARE & REPORT PHASE 2 STATUS PROJECT MGR 4 $165 $660
OBTAIN NTP PROJECT MGR 2 $165 $330
TASK 7 TOTALS 6 $990
BUCHANAN FIELD AIRPC- T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/2512005 REV 2
PHASE 2 SUBTOTALS 434 $50,840
OTHER PHASE 2 DIRECT COSTS
PLOTTING & REPRODUCTION 65% PLANS & DRAWINGS $700.00
AIR TRANPORTATION (2 ROUND TRIPS) $555.00
AUTO RENTAL $70/DAY $350.00
HOTELS $89/DAY $534.00
PER DIEM $35/DAY $210.00
TOTAL ODC PHASE 2 $2,349.00
PHASE 2 TOTAL $53,189
PROJECT SUBTOTAL $108,370
BUCHANAN FIELD AIRPI-T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/2512005 REV 2
PHASE 3 CONSTRUCTION DOCUMENTATION 95%
TASK 1 REVISE PLANS & DRAWINGS PROJECT ENGR 16 $125 $2,000
SUPERVISE CADD DRAWING PREP COMM ENGINEER 12 $110 $1,320
CADD DRAWING PRODUCTION CADD TECH 36 $75 $2,700
DRAWING REVIEW PROJECT MGR 8 $165 $1,320
TASK 1 TOTALS 72 $7,340
TASK 2 REVISE &COMPLETE SPECS TECH CONSULTANT 24 $125 $3,000
REVISE &COMPLETE SPECS PROJECT ENGR 16 $125 $2,000
REVISE & COMPLETE SPECS COMM ENGINEER 4 $110 $440
REVIEW SPECIFICATIONS PROJECT MGR 8 $165 $1,320
TASK 2 TOTALS 52 $6,760
TASK 3 REVISE & SUBMIT COST ESTIMATE PROJ MGM'T ENGR 8 $110 $880
ASSIST IN ESTIMATE ADMIN ASST 4 $70 $280
REVIEW COST ESTIMATE PROJECT MGR 4 $165 $560
TASK 3 TOTALS 16 $1,820
TASK 4 REVISE PROJECT SCHEDULE PROJ MGM'T ENGR 4 $110 1 $440
REVIEW PROJECT SCHEDULE PROJECT MGR 4 $165 $660
TASK 4 TOTALS 8 $1,100
TASK 5 REPORT PROJECT STATUS PROJECT MGR 4 $165 $660
ASSIST WITH REPORT DATA PROJ MGM'T ENGR 4 $110 $440
OBTAIN ATP PROJECT MGR 2 $165 $330
ASSIST WITH ATP APPROVAL PROJ MGM'T ENGR 2 $110 $330
TASK 5 TOTALS 12 $1,760
PHASE 3 SUBTOTALS 160 $18,780
OTHER PHASE 3 DIRECT COSTS
PLOTTING AND REPRODUCTION OF 95% DRAWINGS $700.00
PHASE 3 TOTAL $19,480
PROJECT SUBTOTAL $127,850
BUGHANAN FIELD AIRPC "T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/25/2005 REV 2
PHASE 4 FINAL PLANS, DRAWINGS & SPECIFICATIONS (100°!x)
TASK 1 PREPARE 100% PLANS & DRAWINGS PROJECT ENGR 8 $125 $1,000
SUPERVISE CADD DRAWING PREP COMM ENGINEER 16 $110 $1,760
CADD DRAWING PRODUCTION CADD TECH 24 $75 $1,800
DRAWING REVIEW PROJECT MGR 8 $165 $1,320
TASK 1 TOTALS 56 $5,880
TASK 2 PREPARE 100% SPECIFICATIONS PROJECT ENGR 16 $125 $2,000
REVIEW SPECIFICATIONS PROJECT MGR 8 $165 $1,320
TASK 2 TOTALS 24 $3,320
TASK 3 PREPARE FINAL COST ESTIMATE PROJ MGM-T ENGR 16 $110 $1,760
ASSIST IN FINAL ESTIMATE PROJECT ENGR 8 $125 $1,000
REVIEW ESTIMATE PROJECT MGR 2 $165 $330
TASK 3 TOTALS 26 $3,090
TASK 4 REPORT PHASE 4 STATUS PROJECT MGR 8 $165 $1,320
ASSIST IN REPORT PREPARATION PROJ MGM7 ENGR 8 $110 $880
OBTAIN NTP PROJECT MGR 4 $165 $660
TASK 4 TOTALS 20 $2,860
PHASE:4 SUBTOTALS 126 $15,150
OTHER PHASE 4 DIRECT COSTS
PLOTTING& REPRODUCTION OF 100% PLANS & DRAWINGS $700.00
PHASE 4 TOTAL $15,850
PROJECT TOTAL $143,700
DBE PARTICIPATION $31,160 21.7%
BUCHANAN FIELD AIRPC-'T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/25/2005 REV 2
ADD ALTERNATE OPTIONAL WORK
OPTION 1
PHASE 5 CONSTRUCTION SUPPORT
TASK 1 PROVIDE PROCUREMENT SUPPORT PROJECT ENGR 16 $125 $2,000
ASSIST IN PROCUREMENT SUPPORT ADMIN ASST 8 $70 $560
TASK 1 TOTALS 24 $2,560
TASK 2 PROVIDE CONSTRUCTION SUPPORT PROJECT ENGR 48 $125 $6,000
PROVIDE CONSTRUCTION SUPPORT TECH CONSULTANT 24 $125 $3,000
PROVIDE CONSTRUCTION SUPPORT COMM ENGINEER 16 $110 $1,760
ASSIST IN DOCUMENTATION ADMIN ASST 4 $70 $280
SUPERVISE CONSRUCTION SUPPORT PROJECT MGR 1 12 $165 $1,980
TASK 2 TOTALS 104 $13,020
PHASE 5 TOTAL $15,580
PROJECT SUBTOTAL $159,280
REFER TO WORK SCOPE NARRATIVE FOR DETAIL DESCRIPTION OF TASK 1 &2 ACTIVITIES
BUCHANAN FIELD AIRPC- T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/25/2005 REV 2
OPTION 2
PHASE 6 SYSTEM INTEGRATION
TASK 1 INTEGRATE % MANAGE INTERFACES PROJECT MGR 8 $165 $1,320
INTEGRATE % MANAGE INTERFACES COMM ENGINEER 4 $110 $440
MGM'T& DOCUMENT BYRUN INTERCON. PROJECT MGR 8 $165 $1,320
MGM'T& DOCUMENT BYRUN INTERCON. COMM ENGINEER 4 $110 $440
TASK 1 TOTALS 24 $3,520
TASK 2 MONITOR CONTRACTOR SYS INTEG PROJ ENGINEER 8 $125 $1,000
MONITOR CONTRACTOR SYS INTEG COMM ENGINEER 8 $110 $880
MONITOR CONTRACTOR SYS INTEG TECH CONSULTANT 4 $125 $500
TASK 2 TOTALS 20 $2,380
TASK 3 REVIEW&APPROVE AS-BUILT DWGS PROJECT ENGR 8 $125 $1,000
REVIEW&APPROVE AS-BUILT DWGS COMM ENGINEER 24 $110 $2,640
TASK 3 TOTALS 32 $3,640
TASK 4 REPORT PHASE 6 STATUS tROJECT MGR 8 $165 $1,320
ASSIST IN REPORT PREPARATION DMIN ASST 4 $70 $280
TASK 4 TOTALS 12 $1,600
PHASE 6 TOTAL $11,140
PROJECT SUBTOTAL $170,420
BUCHANAN FIELD AIRP(C -"T
AIRPORT SECURITY UPGRAat PROJECT
DETAILED COST SPREADSHEET 4/25/2005 REV 2
OPTION 3
PHASE 7 TRAINING AND SYSTEM MAINTENANCE
TASK 1 SUPERVISE TRAINING PROGRAM PROJECT ENGR 4 $125 $500
SUPERVISE TRAINING PROGRAM ICOMM ENGINEER 4 $110 $440
TASK 1 TOTALS $ $940
TASK 2 REVIEW SPARE PARTS COMPLEMENT TECH CONSULTANT 4 $125 $500
REVIEW SPARE PARTS COMPLEMENT COMM ENGINEER 4 $110 $440
TASK 2 TOTALS g $940
TASK 3 PREPARE MAINTENANCE PLAN PROJECT MGR 8 $165 ::$250
,320
PREPARE MAINTENANCE PLAN PROJECT ENGR 2 $125
TASK 3 TOTALS 10 $1,570
PHASE 7 TOTAL $3,450 $188,670
BUCHANAN FIELD AIRPC ""T
AIRPORT SECURITY UPGRADE PROJECT
DETAILED COST SPREADSHEET 4/25/2005 REV 2
OPTION 4
PHASE 8 - AIRPORT SECURITY PROGRAM AND PROGRAM MANUAL
TASK1 REVIEW EXISTING ASP TECH CONSULTANT 8 $125 $1,000
REVISE/REW REVISE & REWRITE ASP TECH CONSULTANT 40 $125 $5,000
ASSIST WITH COMMUNICATIONS REQM'TS COMM ENGINEER 16 $110 $1,760
PROVIDE ADMIN SUPPORT PROJECT ADMIN 24 $70 $1,680
TASK 1 TOTALS 88 $9,440
TASK 2 PREPARE AIRPORT SECURITY OPNS MANUAL PROJECT MGR 24 $165 $3,960
PREPARE AIRPORT SECURITY OPNS MANUAL TECH CONSULTANT 168 $125 $21,000
PROVIDE ADMIN SUPPORT PROJECT ADMIN 40 $70 $2,800
TASK 3 TOTALS 232 $27,760
PHASE TOTAL $27,760
PROJECT TOTAL $216,430
DBE PARTICIPATION $43,880 20.3%
Exhibit B
221506_1.DOC
LAW OFFICFS
NOSSANIAN, CUTHNER, KNOX & ELLIOTT, LLP
LOS_ANGELES THIRTY-FOURTH FLOOR WASHINGTON_D.G VIRGINIA
THIRTY FIRST FLOOR 50 CALIFORNIA STREET SUITE 1110
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105 ANGELES. CA 90071 1602 SAN FRANCISCO, CALIFORNIA 94111-4790 ARLINGTON. VA 222013001
(213) 6127800 TELEPHONE (4151 398-3600 1103) 68, 1750
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IRVINE_ AUSTIN
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IRVINE, CA 92612.9t77 DIRECT DIAL NUMBER AUSTIN, TEXAS 78701.2745
(94 9) 833-7800 (4 15) 438-7253 (5 12) 65 1-066 0
EMAIL dklmport@nossaman.com
SAGRAMEI�T�
S€ATTLE
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915 L STREET March 14, 2007 1100 DEXTER AVENUE N
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VIA FEDERAL EXPRESS REFER TO FILE NUMBER
270474 - 0001
Keith R. Freitas
Director of Airports
Contra Costa County Airports
550 Sally Ride Drive
Concord, CA 94520-5550
Re: Buchanan Field Airport Security Upgrade Project,
Contra Costa County Public Works Department
Dear Mr. Freitas:
Transmitted herewith are two (2) copies of FMSA Invoice Number 7, dated
March 8, 2006.
You will note that this invoice covers the period of March 1, 2006 through
December 31, 2006. Please also note that an aged invoice(Invoice Number 6) for the period
January l through February 28, 2006 also is unpaid. The total due for both invoices is
$81,768.98.
This invoice does not include any administrative or legal costs associated with the
termination of this contract. Hence, payment of the above $81,768.98 will not satisfy any of
those costs, and FMSA has reserved the right to invoice Contra Costa County for those, at
completion of the termination process.
In accordance with the terms of the contract now in force, receipts for
reimbursable expenses have been copied and are attached.
Sincerely,
(Mod
David L. Kimport
of NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
DLK/jmc
Enclosures
cc: Franklin M. Sterling (w/o encl.)
212785 1.DOC
FRANKLIN M. STERLING & ASSOCIATES
Information Technology Engineers
www.cfmsa.com
INVOICE NO. 7
March 8, 2007
PROJECT: Buchanan Field Security Upgrade
CLIENT: Contra Costa County, Public Works Department
Buchanan Field and Byron Airports
PROJECT NO.: 0105
PERIOD: March 1, through December 31, 2006
CONTRACT AMOUNT $216,430.00
DBE PARTICIPATION (23%) 49,700.00
Proiect Manager, Franklin M. Sterling, P.E.
Project Management 10 Hrs @ 165/Hr $1,650.00
Threat & Vulnerability Study 48 Hrs @ 125/Hr 6,000.00
Security Assessment 27 Hrs @ 125/Hr 3,375.00
Design Criteria 4 Hrs @ 125/Hr 500.00
Conceptual Drawings 39 Hrs @ 110/Hr 4,290.00
Phase I Presentation 24 Hrs @ 110/Hr 2,640.00
Phase II Work Plan 4 Hrs @ 70/Hr 280.00
156 Hrs $18,735.00
TUTIS GROUP:
Proiect Engineer, Ayoub T. Yaacoub
Security Assessment 16 Hrs @ 125/Hr $2,000.00
Design Criteria 24 Hrs @ 125/Hr. 3,000.00
Conceptual Design 48 Hrs @ 125/Hr 6,000.00
Conceptual Budget Estimate 16 Hrs @ 125/Hr 2,000.00
Conceptual Drawings 24 Hrs @ 125/Hr 3,000.00
Meetings 7 Hrs @ 125/Hr 875.00
160 Hrs $16,875.00
TRANSECURE:
Tenant Coordinator, Art Kosatka
Security Survey/Assessment 28 Hrs @ 165/Hr $4,620.00
Document Findings 4 Hrs @ 165/Hr 660.00
Teleconferences 2 Hrs @ 165/Hr 330.00
34 Hrs $5,610.00
73 Oakmont Avenue Piedmont, California 94610—510-604-3200, fms425(_�comcast.net
Page 1 of 3
FRANKLIN M. STERLING & ASSOCIATES
Information Technology Engineers
w w w.cfmsa.com
INVOICE NO. 7 - Continued
Technical Consultant, Edward Kirkley
Security Assessment 3 Hrs @ 125/Hr $ 375.00
PYRAMID BSI:
Communications Engineer, James M. Kennedy (DBE)
CAD Services 39 Hrs @ 75/Hr $2,905.00
Administrative Services 6 Hrs @ 70/Hr. 420.00
Communications Engineering 68 Hrs @110/Hr. 7,480.00
43 Hrs $ 10,805.00
DBE REIMBURSABLE EXPENSES
Reproduction Services — Receipts Attached $ 1,118.98
Total DBE $ 11,923.98
Proiect Management Engineer Eknauth Persaud
Phase 11 Plan & Schedules 2 Hrs @ 110/Hr $ 220.00
Fees Earned This Period $53,738.98
Fees Earned To Date $170,776.98
DBE Participation This Period (22.2%)
James M. Kennedy, dba Pyramid Business Systems Inc. $11,923.98
DBE Participation To Date (12.6%) $21,493.98
Expenses
DBE Reproduction BPS 354387 $ 62.49
BPS 358036 8.16
BPS 362951 131.81
BPS 365525 23.75
BPS 382610 8.16
BPS 385399 204.67
73 Oakmont Avenue Piedmont, California 94610—510-604-3200, hns425(Ld1comcast.nct
Page 2 of 3
FRANKLIN M. STERLING & ASSOCIATES
Information Technology Engineers
www.efmsa.com
INVOICE NO 7 - CONTINUED
BPS 385645 438.05
Ups 455 98.60
BPS 3042299 16.70
BPS 308100 126.39
Total Reproduction Services $1,118.98
Aged INVOICE NO. 6: Dated March 31, 2006 $28,328.95
TOTAL INVOICE 7: $81,768.98
Please Remit To: Franklin M. Sterling and Associates
Go Mr. David Kimport
Nossaman, Guthner, Knox & Elliott
34th Floor,
San Francisco, CA 94111-4794
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Page 3 of 3
iRAPHICS
Son rrereiva 9450ryaot Snrel 4 15 495-8700 ( --
San hancisco 10!Jacksm Sweet 415 544.7535 II
Concord 5153 Padscu R'd 325 692.11920
` Oaklr nd 1700 Je*rsrn Sueei * -
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San Cgrlo: !!0R lMar::na:Ad-113 550 63123 W
San Ramon 713a Camnn R,:mcn 975 2711140
Suisun G 313 Malawi CwKer 101 427 1797 3 5 4 3 87
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PYRAMtn BUSINESS SYSTEMS, INCI. PYZ27�MIU BUSINESS SYAMES M KENNBDY
1626 14ARTIN LUIHER KING JMARTIN LUTHER R WAY 1626 3TNC; INC_ITPhone A"ernate Phone
OAKLlL'iTD CA 33622 ER KING JR WAy
OAKLAND CA 94612 5108321137
ATTN: JAMES M. KENNEDY i - _uali -- __ ---- --
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Account#
Work Order# Order Day Order Time Job Name Reimbursable Page
577s398 5774398-SO07 ' 02-20-06
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Special Instructions -- _— --
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Item/Descriptio(( ---- — --- #Orig #Prints Size U.11 uiai:MiesAmount—--
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SINGLE 1 10 11 X 17 EA
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615 CAD PLOTTING ON PPC BOND
601 Pp'- BON _ ADDITIONAL 4 1 24 X 36 Sp
4 2 24 X 36 SF 24 42 .00;
48 12 .96*
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.Re o r Tax 57 .46
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San Francisco 545-HrYmr Strcn1 415 495.8;00
San Francisco 701 Jackson Street 415544253.5
Cor.cer� _ 515i Pacheco Ilhd 925692.69311 N\ -
Oakland 1700JeflnsonSaeet 5t0787S495
Sao Carlon 110-0 kdusuial Rd 113 6 0 63631.73111
` Sae Ramon Y270 Camiro RastrKnr 9"75 21T 71)0 3 5 8 0 3 6 [13 0 1 0 E
I Suisun City 113 Marini Center 707 421.1197
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JAMES KENNEDY
PYRAMID BUSINESS SYSTEMS, INC-, PYRAMID BUSINESS SYSTEMS, INC. Phone Alternate Phone
1626 MARTIN T.11THER KING JR WAY 1626 MARTIN LUTHER KING JR WAY
OAKLAND CA 94612 OAKLAND CA 94612 5108321137
ATTN!! JAMES M_ KENNEDYI Quality Control
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5774396 COUNTER 03-01-06 13=45 --_JK 631 YES 1 OF 1
Account Rep Billed By: one Day Due Time Your P.O. Ship Via
LA2 03-01-06 2 PM JK 631 WILL CALL
Special Instructions
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Item I Description f Orig #Priets Size UM Total Unitr Amount
1615 CAD PLOTTING ON PPC BOND 1 1 11 X 17 SF 2 3.50'
1601 PPC BOND - ADDITIONAL 1 5 11 X 17 SF 10 2.70*
MINIMUM 1 .30
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all"ayments 10- . 0875 Tax .66
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P.O.Box 189610 Total B-16
Sacramento,CA 95818 .00
Terms Pk-t 30 D.iv' Paid
TAXAF3I.R Balance L2-L-4
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San Francisco 945 Rryanl Strect 415 495 87110
San Francisco 201 Jackson ShLel 4A 4141535
Concard 5153 Padrnco Bird 425 682 6430 * * INVOICE
` Oakland 1100 Jefferson Sow 510 2015485
San Carlos 1100 Indusbiul Rd r13 650 671.2310
San Ramon 2230 Camino Ramon 975 271.1140 3 6 2 9 51 03 - 15 06
Suisun City J13 Marina Cenler 707 427.1747
Bill To: Ship To: Ordered
--� By
JAMES K
PYRAMID BUSINESS SYSTEMS, INC. PYRAMID BUSINESS SYSTEMS, INC. Phone Alternate Phone
1626 MARTIN LUTHER KING JR WAY 1626 MARTIN LUTHER KING JR WAY
OAKLAND CA 94612 OAKLAND CA 94612 5108321137
?!TTN� JAMES M KENNEDY Quality Control
1 2 3" - 4 _5. . - -.6 - --
Account# Work Order# Order Day Order Time Jeb Nance ReirnbnrsaWe Page
5774398 5008 03-14-06 22:34 JK6314 YES 1 OF 1
Account Rep Billed By Due Day Due Time Your P.O. Ship Via
DG 03-14-06 10:00 PM i JK6314 WILL CALL
Special Instructions -- -- -
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hem/Description #Orig #Prints Size UM Total Units Amouat
1615 CAD PLOTTING ON PPC BOND 10 1 24 X 36 SF 60 105.00•
1601 PPC BOND - ADDITIONAL 10 1 24 X 36 SF 60 16 .20*
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Please remit all payments in. -0 8 7 5 Tax 10.61
BPS Reprographics
P.O.Box ISMO Exempt .00
Sacramento,CA 95/18 Total 131 .81
Terms Net 30 Days Paid .00
* TAXABLE Balance 131 .81
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t XOGRAPHICS
Son Francisco 94511ry.int Sticc1 415 495 8700 ----
San_Francisco 201 Jackson Sheet 115 5W Z535
Concord _ 5753 Pec
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eakbod 1100 Jefferson Suect 510 2815,185
San Carlos _- 1100 Industrial Rd 113 65n6111 711 It
70 Nin-inn Rataen 12inn Ramo 425 277 7140 3 6 5 5 2 5 03-22-06
Suisso City 313 Marma(inter 707 4 7 1797tip I
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Bill To: Ship To: Ordered B ----
JAMES K.
PYRAMID BUSINESS SYSTEMS, 1NC. PYRAMID BUSINESS SYSTEMS, INC.
Phone Alternate Phone
1626 MARTIN LUTHER KING JR WAY 1626 MARTIN LUTHER KTNG JR WAY1
OAKLAND CA 94612 I OAKLAND CA 94612 5108321137
ATTN: JAMES M. KENNEDY Quality control
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5774398 5009— 03-21-06 22:38 JK6321 YES 1 OF 1
Account Rep !Billed By: Due Day Due Time Your P.O. Ship Via
DG 03-21-06 10:00 PM ; JK6321 WILL CALL
Speciallnstractions
DUE 10 : 00 PM
Item/Description i #Orig #Prints Sin UM Total Units Amount
i
1615 CAD PLOTTING ON PPC BOND 1 i 1 24 X 36 1 SF 6 10.50*
1601 PPC BOND - ADDITIONAL 1 7 24 X 36i SF 42 11 .34*
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BPS Reprographics .0875 Tax 1.91
P.O.Box lawl0 SAVE TIME & MONEY WITH OUR ELECTRONIC WORK Exempt .00
Sacrananlo,CA 95918 ORDER (EWO) . GET STARTED AT WWW.BPS.COM. Total 23 .75
terms Net 30 Days Paid .00
*
Balance
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BPS REPROGRAPHICS San Francisco 945 Brydnl SDec1 41549587110 ple Esc detach this side and return with you! rherk ID
Sao Francisce 201,IarEGIA❑r1Y'I 415 544:S35
C'"Cord S7S3F',Irnec0Blvd 9':5681.6930 BPS Reprographics
0"d I/of)Jrpersmstreee 51028754A6 PO BOX 189610
1 , San Cade: 11001ndusnlalRd.013 65D6J1-2310 Sacramento, CA 95918
Saw Rarwew 7233 Camillo Hafmll1 925?77.7140
Seislm Cory a1➢FA•Irim Canter r67 477 1797
1G YOUR BILLING ADDRESS HAS CHANGED PLEASE
INDICATE NEW ADDRESS BELOW
r4.LMrry1 ryV STATEMENT DALE ACt'OUNI NO
5774398 PACE 1 05.31.06 5774398
PYRAMID BUSINESS SYSTEMS, INC.
1626 MARTIN LUTHER KING JR WAY
OAKLAND, CA 94612 PAYMENT AMOUNT $
STAIEMEN1 DTE
1 1 1 I 1 I
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---�� 05.31.0 6
late Imme No Your PU./Jeb Name Lha es r
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05-13-06 385645 INV JR652/JK652 438.05 05-13-061 385645 438. 05
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dit ierrns PJPT 30 days. Jhe unpaid balance remaining 30 days Alro.ntDue
'I 'I'P eet'very date is subject to 1.5% P�R MONTH Which is an
NUAL PERCENTAGE RATE of 13% applied to the unpaid balance I
1SE YERIFV YOUR RECORDS WITH THE LIST ABOVE THE CHARGES WILL BE DEEMED CORRECT Thank you for your Remittance
PAYABLE IF WE ARE NOT ADVISED OTHERWISE YVITHIN 15 DAYS
- d dj7�? : 90 so 0f 1 n C
BPS REPROGRAPHICS
San Francisco 945BryaN;itrret _ 4154958711n -
San Francisco _201.lacksnt S�ra 7
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Concord _ 5753 Parnera Blvd_ 925 W9116430 �t it 1 I NNO I LE A
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San Ramon 2230 Camino 8:mon _ 92b 277 710 385399 0 5 7 -(1
Suison city 71J MrxuW Center 701477 1791 r.
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PYRAMID BUSINESS SYSTEMS, INC'. PYRAMID BUSINESS SYSTEMS, INC.. - -.- JK658
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F16Zb MARTIN LUTHER KING JR WAY 1626 MARTIN LUTHER KING JR WAY Alternate Phone
OAKLAND CA 94612 OAKLAND CA 94612 5108321137
ATTN: JAMES M. KENNEDY --- - Oualitr COetrol _ -
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- special Instructions - - -
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- kewt Description -- f f Orig !Prints Sae UM Total Quits Amount -
6120. 002 PDF TO TIFF CONVERSION �
1600EA 18 49.50*
PPC BOND - FIRST SET 18 1 24 X 36 5F 108 102 .60*
1600 PPC BOND - FIRST SET 19 1 j 11 X 17 SF 3836.10*
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BPS Reprographics 087, Tax 16 .4 7
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Sacramento,CA 95818 ORDER (EWO) . GET STARTED AT WWW.BPS.COM. Total
leans-Net 30 Days 04 . 67
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TAXABLE Balance 204 . 67
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BPS REPROGRAPHICS
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Sao frau[isee 701,Jackson Street _ 1i5 544_75iF _
Concord --5153 Pacheco Rlvd_ 925 68[6930
OaMlad 1700 Jefferson Stnv.l _ SID 287.5485
San Cartos..- 1`1RI Industrial Rd 013 650 631 2310
San Roam 2130(.aminoRamon _ 92,7j-l7140 385645
Suisam City .113 Marina Center 701421 1191 - 0 5-13-0 ti
Bill To: Siip To:
-- 1 i _ 0►dered BY
[ATTN:
RAMID BIJSINESS SYSTEMS, INC. PYRAMID BUSINESS SYSTEMS, INC - JAMES K.
26 MARTIN LUTHER KING JR WAY 1626 Phone Alternate Phone
MARTIN LUTHER KING JR WAY- - —
KLAND CA 94612 1 OAKLAND CA 94612
5108321137
JAMES M. ICENNEDY
Quality Control
— -- -
Account 4 ----Werk Order ! — — -- _
Order D — -_ — —
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5774398 57743985010 05-13-06 10:42
- — -- — ,— — — — -- -- __ JK652
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- -- D1re Tiune Your PO. - _
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-_ _- -- - - Speciai Instructions - - -- -- - - - -- - -- -
DUN - -
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----- Prints I Size UM I Total Units I Amount
6120,001 APPLICATION FILE CONVERSION I
1615 CAD PLOTTING ON PPC BOND EA 19 180.50`
191 I 24 X 36 SF 114 222.30•
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PO.BOX 189610 SAVE TIME & MONEY WITH OUR ELECTRONIC WORK
Sacramento,CA 95818 ORDER (EWO) . GET .STARTED AT WWW.BPS.COM.. Exempt 0 0
Terms Net 30 Days Total 438. 05
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Delivery Service Invoice
Invoice date November 5, 2005
Invoice number 0000855114455
Shipper number 855114
• Page 1 of 3
For questions about your invoice,call:
(800)811-1648
z #BWNCWNG# Monday-Friday
#0386A00008551 147# 77394100049749 8:00 a.m.-9:00 p.m.E.T.
AT 01 047193 2817614169 A'•3DGT
or visit ups.com
—_ Nr1n�1n1.11inn11n1,1u,11u11n91r11will rr1,1.11nr1r1,1
or write:
PYRAMID BUSINESS SYSTEMS INC UPS
1626 MARTIN LUTHER KING JR WAY P.O.Box 650S80
OAKLAND, CA 94612-1329 Dallas,TX 75265-0580
Account Status Summary Thank you for using UPS.
Weekly Payment Plan Summary of Charges
Amount Due This Period $34-�
charge
66.48 age
Amount outstanding(prior invoices) outbound
Total Amount Outstanding $101.23 $23.75
3 Shipping Record
Please include the Return Portion of each outstan Service Charges S11.00
your payment. See Account Status for details. Atmount due this period $7477S
View and nay UPS invoices onNne
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account number. For more information or to register,visit We fee of 6% of the Amount Due This Period.(Details in UPS
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Note:Th1s invoice msy contain a fuel surcharge as aescrtwd at
1 ups.co,n. The currenl fuel surchsrge is 3.5%for UpS Ground
� M Services and 1259:lw UPS Air Services,UPS 3 Day Scom and `
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r Tease fear— amend wTith your-payment n the er►cbsecTenvebpe.�o not use staples w paper c tl^ps.
Return Portion
Invoice Date November 5,2005
V',� Invoice Number 0000855114455
Shipper Number 855114
PYRAMID BUSINESS SYSTEMS INC Amount due this period $34.75
1626 MARTIN LUTHER KING JR WAY Amount enclosed
OAKLAND, CA 94612-1329
❑ It this billino
the oppropnateicincorrecabovek an"X"in this box and (1,1„11„„„111,►hill,rr1r.11rrlloll 111lrrrn11111rn1rrall
UPS
PO BOX 894820
LOS ANGELES, CA 90189-4820
855114 7 130505 0386 1 00000034750 1
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BPS REPROGRAPHIC SERVICES SanFnncisco 9158ryantSaazl 4154%R71:0 Please detach this side allyl return with your cher k to
Sankancisco 15Stxondjuec1 415615694E BPS Reprographic Services
San Francisco 2111 Jackson Jtlrel 415544 75'15
Concord 2748 Willow Pass Rd 92S 602.6930 PO BOX 189610
1 Mario :mbHer Marin Keys Blvd.licitW .$19382.W70 Sacramento, CA 95818
Oakland 1100 JeffulsoD%t•.el 510 i8i 5485
— San Carlos I too Industria!RU 01.4 G5UG71.2310 IF VDUR B1I IING ADDRESS HAS CHANGED PI FASt
2 Sao Ramon Z2J0 Camino Ramco 921,277714D 1NOICATE HFW ADDRESS BEEDW
�) J Sutcua Glry 31:1 kMrsta C:nt�r 707427 1707 r�
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r `�, 5774398 PAGE 1 10-31-05 5779398
'PY ID USINESS SYSTEMS, INC. 0 2-If•( .
1626 MARTIN LUTHER KING JR WAY / PAYMENT AMOUNT
OAKLAND, CA 94612
STATEMENT DATE '
Please retain this portion for your record
fete
invoice No. yodn PO/Job Name Charges Date Invoke No ✓ Amourn
09-26-05 304299 INV HFA 5926/BFA 5926 16.70 09-26-05 304299 16.70126.39
10-05-05 308100 INV SPA5105/BFA5105 126.39 10-05-05 308100
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TRANS: 1
Jver 90 Day; 60•90 Days 30-60 Days 6ment
Cmre,n Amount Pa'I Due Amount Mie
00 .00 16.70 126.39 126.39
16.70 143.09
Crcd�t Terms. Net 30 days. The unpaid balance remaining 30 dayF Am'''^'Due
after the delivery date 1s subject to 1.5% PFR MONTH which is an
ANNUAL PERCENTAGE RATE of 18% applied to the unpaid balance Thank you for your R e m i tt a n c
'LEASE VERIFY YOUR RECORDS WITH THE LIST ABOVE. THE CHARGES WILL BE DEEMED CORRECT
IND PAYABLE IF WE ARE NOT ADVISED OTHERWISE WITHIN 15 DAYS.
a -d dBb = 10 LO a i JeW
EXHIBIT C—FMSA Claims Form
A. Executive Summary
After receiving a substantial amount of work product from FMSA, including but not
limited to extremely thorough As-Built Drawings and a comprehensive threat and vulnerability
assessment report, Contra Costa County-Airports Division (CCC-Airports Division) terminated
the parties' Contract prior to completion and wrongfully refused to pay FMSA's outstanding
invoices. Refusal to pay the invoices constitutes a breach of the parties' Contract as a matter of
California law. All of the invoices were submitted for work that was either within the scope of
the Contract, or for work that was outside the scope of the Contract, but for which FMSA
received CCC-Airport Division's approval prior to performing. Further, all of the work
performed was billed at the rates set forth in the Contract. CCC-Airports Division's only
justification for refusing to pay the invoices is that they somehow exceed the amount of money
that should have been billed under a particular Phase of the Contract at issue, and that some of
the work was unauthorized. But, as set forth in detail below, these justifications run contrary to
the plain language of the Contract, and they do not excuse payment of FMSA's outstanding
invoices. FMSA is seeking$96,768.98 ($81,768.98 for its unpaid invoices,plus $15,000 in
attorneys' fees), plus interest on the unpaid invoices up to the date on which the invoices are
ultimately paid.
B. The Facts Giving Rise To The Dispute: CCC-Airports Division Disagrees
With FMSA That The As-Built Drawings Are Not Included In Phase I or II,
And That There Is No Fixed Budget For Any Phase Of Work Under The
Contract
On or about June 1, 2005, CCC-Airports Division hired FMSA to evaluate the current
security situation at Buchanan Field Airport(Buchanan Field) and to plan and design a security
upgrade for Buchanan Field. The Contract was divided into four phases of mandatory work.
The two phases of work at issue here are Phase I and Phase II. Among other things, Phase I
included drafting a threat and vulnerability assessment report and a report on recommended
security system requirements for the airport. Phase II included the preparation and submission of
particular drawings depicting property and fleshing out the security system specifications, as
well as various other tasks. Neither Phase I nor Phase II included any provisions for the drafting
of"drawings that show boundary monuments, boundary locations, building and other facility
locations, including any underground utility locations." (Appendix A, p. 1.) Rather,these
drawings, referred to in the airport security industry as "As-Built Drawings,"were to be provided
by Contra Costa County if they existed. (Ibid.) If the they did not exist, then the Contract
simply stated that"the County shall take appropriate actions to physically locate all boundaries,
building and other facilities and underground utility locations as depicted on" any plans and
drawings FMSA might create to ensure that the "plans and drawings are accurate within
minimum standards of care." (Id.) However, the Contract specified that FMSA had "total
responsibility for the accuracy and completeness" of all "findings" and "plans and drawings and
related designs" for every phase of the project. (Id.) The Contract did not assign the creation of
any As-Built Drawings to any phase of the Scope of Work set forth in Appendix A to the
Contract. (Id.) This was unsurprising, since it is common practice within the airport security
221506_1.DOC
industry for the airport to provide As-Built Drawings to a security consultant such as FMSA
upon the beginning of the engagement.
With the assumption that the As-Built Drawings would be provided to it upon the
beginning of its work, FMSA then drafted a provisional budget for each Phase of the Contract
work. This budget, set forth in Appendix B, estimated the hours of time each person on FMSA's
team would spend completing the tasks specifically set forth in the four contract phases, and it
specified each person's rates. No provision was made in the budget at all for construction of As-
Built drawings, or for additional time that might be spent on revising reports or other work
product many times over. (See, generally, Appendix B.) With respect to payment, the Contract
specified that CCC-Airports Division "shall pay" FMSA for its services "at the rates shown in
Appendix B attached hereto," but that, in no case, may the total amount paid"exceed the
payment limit(s) specified in Sec. 1(e)." (Contract, § 8 [emphasis added].) According to Section
1(e), the payment limits or maximum amount that CCC-Airports Division can pay to FMSA is
$216,430. (Contract, § 1(e).) The Contract clearly states that, if FMSA performs any work
under the Contract which is not described in Appendix A,then the FMSA work"shall be
performed . . . according to the rates or charges listed in Appendix B." (Contract, § 14.)
Importantly, too, the Contract does not say that Phase I work must be completed before Phase II
work begins.
Throughout 2005 and 2006, FMSA produced a substantial amount of work product for
CCC-Airports Division, including but not limited to constructing the As-Built Drawings and
creating a threat and vulnerability assessment report(Report). The Report produced was of the
kind that is standard in the airport security industry. Before it was finalized, the Report went
through many revisions, the majority of which were driven by CCC-Airports Division staff, who
requested changes which, in the professional judgment of FMSA, were not substantially driven
but were the result of political or cosmetic concerns. Each time the report was revised, FMSA
billed CCC-Airports Division for the time spent revising the work at the rates in the Contract.
FMSA followed this practice for all work under the Contract that was revised or re-submitted to
CCC-Airports Division.
For over a year, FMSA performed its work, submitted its invoices for payment (including
invoices for the As-Built Drawings and the Report), and was paid without issue. In October,
2006, CCC-Airports Division wrote to FMSA, disputing the payment of an invoice requesting
compensation in the amount of$36,284.00 for the creation of the As-Built Drawings. CCC-
Airports Division took the position that the creation of the As-Built Drawings was not outside
the scope of the work set forth in the Contract, and that there was no reason why this should have
been billed. Specifically, CCC-Airports Division considered creation of the As-Built Drawings
to be within the scope of the Phase I work, and it took the position that the As-Built Drawings
exceeded the budgetary limits of Phase I work.
By January, 2007, other disputes had arisen between the parties. In particular, CCC-
Airports Division also believed that FMSA had performed unauthorized Phase II work, and that
the performance of this work had pushed FMSA over the limits of the Phase I budget. However,
any Phase II work that had been performed had ceased long before, in April, 2006—and CCC-
Airports Division had paid the invoices associated with the work. Indeed, much of the Phase II
work overlapped with the Phase I work, and was impossible to separate.
221506_1.DOC
The parties discussed terminating the Contract on January 23, 2007, and the Contract was
terminated by Contra Costa County on May 31, 2007. At that time, there were two outstanding
invoices that had not been paid—Invoices Nos. 6 and 7. Together, those invoices totaled
$81,768.98. Almost all of the work invoiced in Invoices Nos. 6 and 7 was Phase I work—and all
of it was completed prior to the time the parties first discussed terminating the Contract on
January 23, 2007. Despite this, CCC-Airports Division refused to pay Invoices Nos. 6 and 7, on
the grounds that it had already "overpaid" FMSA for any Phase I work, and that it had refused to
authorize any Phase II work.
CCC-Airports Divisions' positions are untenable. They run contrary to the plain
language of the Contract, and they ignore industry standards. If allowed to retain the work
FMSA produced for it without paying FMSA for its efforts, CCC-Airports Division will be
unjustly enriched. Essentially, CCC-Airports Division's position boils down to this: FMSA
exceeded its Phase I budget,performed some unauthorized work, and therefore, it should not get
paid for work it performed under the Contract prior to the time the Contract was terminated.
Neither law nor equity supports this result.
To the extent that FMSA spent more than it had originally budgeted for the first Phase of
the Contract work, that is due almost entirely to the fact that it had to construct, virtually from
scratch, As-Built Drawings of the entire airport perimeter. The As-Built Drawings, a necessary
pre-requisite to the entire security and vulnerability assessment and upgrade that FMSA had been
hired to perform, were supposed to have been provided by Contra Costa County. Indeed, it is the
normal practice in this industry for the airport to provide such drawings, and the Contract reflects
this practice. However, Contra Costa County did not have any such drawings, a fact which was
disclosed to FMSA only after the Contract had been finalized. Accordingly, FMSA created them
—but only after it got written authorization from Mr. Freitas to do so. In addition, FMSA
performed more work than it had envisioned performing in Phase I because CCC-Airports
Division staff requested that FMSA make numerous,unwarranted revisions to the threat and
vulnerability report. Regardless of the nature of the additional work,however, all of this work
was performed at the rates set forth in the Contract. Therefore, CCC-Airports Division has no
legal ground upon which to dispute the payment of any monies due.
C. The Contract Only Caps Rates And The Total Amount Due FMSA, Not
Money Spent On Phases Of Contract Completion
The first argument that CCC-Airports Division advances in support of its position that
FMSA is not entitled to further payment for services listed on the outstanding invoices is that it
has already paid FMSA well in excess of the amount it is required to pay under Phase I of the
Contract. Specifically, CCC-Airports Division contends that the total cost of Phase I work
cannot exceed $55,181; that it has already paid FMSA $94,528.58 for Phase I work; and that
payment of the outstanding invoices would cause CCC-Airports Division to pay FMSA in excess
of$176,000 for Phase I work. The argument boils down to this: FMSA is not entitled to
payment because it was over-budget.
This argument fails because it runs contrary to the plain language of the Contract itself.
It is axiomatic that, where the language of a contract is clear and not absurd, it will govern the
interpretation of the contract's terms. (Civ. Code, § 1638.) Similarly,the "whole of a contract is
221506_I.DOC
to be taken together, so as to give effect to every part." (Civ. Code, § 1641.) As an initial
matter, nothing in the Contract (and specifically, nothing in Appendix A) says that construction
of As-Built Drawings is within the scope of Phase I work. Moreover, Section 8 of the Contract
specifies the payment terms, and states that CCC-Airports Division"shall pay" FMSA for its
services "at the rates shown in Appendix B attached hereto," but that, in no case, may the total
amount paid "exceed the payment limit(s) specified in Sec. 1(e)." (Contract, § 8 [emphasis
added].) According to Section 1(e), the payment limits or maximum amount that CCC-Airports
Division can pay to FMSA is $216,430. (Contract, § 1(e).) In short, there are no limits in the
Contract itself on how much money may be spent on work performed in Phase I, Phase II, or on
any of the Phases, for that matter. Therefore, even assuming arguendo that construction of As-
Built Drawings was within the scope of Phase I work, the Contract itself provides no support for
the position that CCC-Airports Division does not owe FMSA for the services billed in the
outstanding invoices (nos. 6 and 7).1
Further, this argument fails because there is no express term in the Contract that allows
CCC-Airports Division to withhold payment because FMSA exceeds the budget for any of the
Contract Phases. Indeed, withholding payment under these circumstances would be a breach of
the implied covenant of good faith and fair dealing. (Cf, Storek&Storek, Inc. v. Citicorp Real
Estate, Inc. (2002) 100 Cal. App. 4th 44, 56.) If CCC-Airports Division does not pay FMSA, it
would breach the parties' Contract.
D. Creation Of As-Built Drawings Was Extra Work That Was Authorized And
Compensable Under Section 14 Of The Contract
CCC-Airports Division's argument that FMSA is not entitled to further payment under
Phase I of the project implicitly assumes that the creation of As-Built Drawings was included
within Phase I of the scope of work of the Contract. Once again, however, this position is
unsupported by the Contract language. Phase I does not mention the construction of As-Built
Drawings at all; rather, it assumes that that the As-Built Drawings would be provided by the
County and is subsumed within the general Scope of Work. (Compare, Appendix A,p. 1
[describing County's responsibility to provide As-Built Drawings to FMSA] with Appendix A,
pp. 3-4 [describing Phase I tasks, and making no mention of creating As-Built Drawings].) This
is unsurprising, since it is the industry custom for the airport to provide As-Built Drawings to o the
security assessor. In accordance with these customs and practices, FMSA did not consider the
As-Built Drawings its responsibility under the Contract initially,nor did it consider the As-Built
Drawings within the scope of Phase I.
The parties' correspondence on the As-Built Drawings further supports FMSA's position.
On June 29, 2005, Frank Sterling wrote to Keith Freitas requesting permission to proceed on the
project, and requesting that the Airport provide FMSA with information regarding the specific
locations for existing gates and gate operators, among other things. On July 13, 2005, Mr.
Freitas replied via email that the Airport did not have any "as-built drawings" for any of the
The budget in Appendix B is inapposite. Throughout the Contract itself,Appendix B is referred to only as the
document that sets the rates at which certain tasks will be performed. (See,Contract, §§ 8, 14.) Further,
nowhere in Appendix B does it state that it state that Appendix B is a"hard and fast"document from which no
deviation is allowed. (See,generally,Appendix B.)
221506_1.DOC
gates, and that it was FMSA's responsibility to determine these locations. Based on the July 13,
2005 email, FMSA reasonably believed that CCC-Airports Division had instructed it to create
the As-Built Drawings required for the project. When read together as a whole with the
Contract, the July 13, 2005 email from Mr. Freitas to FMSA expressly authorized FMSA, in
writing, to perform additional work that was outside the scope of Phase I of the Contract and
outside of the budget set forth in Appendix B, at the rates set forth in Exhibit B. (See, Contract,
§§ 8, 14; and Appendices A, p. 1 and B.) Indeed, CCC-Airports Division paid the invoices that
FMSA submitted for this work, thereby validating the additional charges.
E. Additional Work On Phase I Projects Was A Result Of CCC-Airports
Divisions' Repeated Revisions And This Cannot Be Used To Deny FMSA
Full Payment On All Invoices Submitted
As set forth above, one of the reasons that the Phase I work went over-budget was
because CCC-Airports Division staff repeatedly requested that FMSA revise its work. FMSA is
a seasoned contractor, and its principal, Frank Sterling, is a recognized expert in the airport
security industry. The extensive revision work here was not due to any fault of FMSA; rather,
the extensive revision work was due to CCC-Airports Division's staff's inexperience. Indeed,
examination of just one of the documents at issue proves this point.
As the Contract makes clear, one of the primary purposes of the threat and vulnerability
Report was to "asses[]" and evaluate the current security at the airport, so that FMSA could
recommend where and how to make improvements. (See, e.g., Appendix A,p. 2,¶A.) Indeed,
a security"upgrade"was the primary purpose of the Contract itself. (See, e.g., Contract, § 1(c).)
In keeping with this purpose, the Report provided to CCC-Airports Division includes within its
"Findings" section an assessment of the security in the surrounding areas, such as the
neighboring golf course and other neighboring tenants. As a part of this assessment, the Report
noted that tenant surveys "supported the general need for additional physical and procedural
security,"than the airport had already. (See, p. 8, Report, Draft attached hereto as Exhibit A.) In
response to this, CCC-Airports Division project leader Doreen Stockdale asked, "How many
tenants" said this, and that the Report should be revised to show whether many tenants said this
or not. (Id.) On page 9 of the Report, in the section detailing Findings on airport theft and
vandalism, the Report states that there was one instance of a shooting at the airport; and Ms.
Stockdale's comments say, "1 shot, 1 time; is it worth mentioning?" (Id., p. 9.) These kinds of
comments, and the discussions and revisions that ensued display a fundamental
misunderstanding of the job that FMSA was hired to do: To assess the current security and threat
vulnerability problems, and to make improvements. To say that a shooting was unnecessary to
mention is absurd; it goes to the heart of FMSA's assignment. Similarly, how many tenants said
that the airport or their buildings needed additional security is irrelevant; some said that, and it
should be in the Report. Discussing these kinds of comments and revising the Report a total of
at least six times drove up the cost of Phase I projects. However, this is not FMSA's fault, and
payment cannot be withheld on these grounds. (Cf., Storek, supra.)
221506_1.DOC
F. CCC-Airports Division Must Pay FMSA For Any Phase II Work FMSA
Performed (And Which CCC-Airports Accepted) Prior To January 31, 2007
Lastly, CCC-Airports Division must pay FMSA for any Phase II work performed prior to
January 31 for the simple reason that the Contract does not state that Phase I work must be
completed before any Phase II work can begin. In this regard it should be noted that FMSA
routinely billed, and CCC-Airports Division routinely paid, Phase II work throughout 2005 and
early 2006. Again, it is a well-known principle of contract law that the parties' conduct can be
used to construe the terms of the contract. (See, I Witkin Summary of California Law Contracts
§ 749.) The logical interpretation of these actions is that FMSA was not barred from billing
Phase II work during the relevant time period. This makes sense,particularly when much of the
Phase II work overlapped with the Phase I work.
Moreover, to the extent that CCC-Airports Division refuses to pay FMSA because FMSA
performed Phase II work before CCC-Airports Division authorized it or after CCC-Airports
Division told FMSA to stop billing for it, it is estopped from taking this position. If CCC-
Airports Divisions were to keep the work without paying for it, it would unjustly enrich CCC-
Airports Division and the County of Contra Costa. This result is unsupportable. Indeed, one of
the premier equitable principles in contract law is that of unjust enrichment: "A person who has
been unjustly enriched at the expense of another is required to make restitution to the other." (1
Witkin Summary of California Law Contracts § 1016 (2005).) In short, CCC-Airports Division
must pay FMSA for any Phase II work billed in Invoices Nos. 6 and 7.
221506_1.DOC
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