HomeMy WebLinkAbout03-01-01 AGENDA BACKUP
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Date: February 22, 2001
No.:
4.a. CONSENT CALENDAR
Type of Action: AUTHORIZE COST OVERRUNS
Board Meeting Date: March 1, 2001
Subject: ADVISE THE BOARD OF THE CLOSE OUT OF 21 CAPITAL IMPROVEMENT
PROJECTS AND AUTHORIZE COST OVERRUNS FOR DP 6084 AND DP 6072
Submitted By:
Randy Schmidt, Senior Engineer
Initiating Dept./Div. :
Engineering/Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACt'i/1L_
(]fE ~~h ~
ISSUE: Work has been completed on 21 capital improvement projects. When projects
have been completed it is our practice to report financial results to the Board prior to
closing the projects' accounts. Two of the 21 projects, DP 6084 - Harmonics & Power
Coordination and DP 6072 - Plant Data Acquisition Improvements, incurred cost overruns
which should have been authorized by the Board of Directors but were not.
RECOMMENDATION: Authorize cost overruns of $41,512 for DP 6084 - Harmonics &
Power Coordination and $11,686 for DP 6072 - Plant Data Acquisition Improvements. No
action is necessary on the other 19 projects.
FINANCIAL IMPACTS: Even with the cost overruns in DP 6084 - Harmonics & Power
Coordination and DP 6072 - Plant Data Acquisition Improvements, the close out of these
21 projects will return $662,226 to the Sewer Construction Fund.
AL TERN A TIVE/CONSIDERA TIONS: No alternatives were considered since this is primarily
an informational position paper.
BACKGROUND: The 21 capital improvement projects listed on Attachment 1 have been
completed, and staff is closing out the project accounts.
A summary of the total authorized budgets and expenditures for the projects to be closed
is presented by program in the following table:
Authorized Underrun
Program Budget Expenditures (Overruns)
Treatment Plant $988,300 $726,638 $261,662
Collection System $17,208,400 $16,808,635 $398,870
General Improvements $168,000 $162,002 $5,998
Totals $18,036,700 $17,374,474 $662,226
C:\windows\temp\closeo - 1 . wpd
Page 1 of 9
POSITION PAPER
Board Meeting Date: March 1, 2001
Subject: ADVISE THE BOARD OF THE CLOSE OUT OF 21 CAPITAL IMPROVEMENT
PROJECTS AND AUTHORIZE COST OVERRUNS FOR DP 6084 AND DP 6072
The total authorized budget for the 21 projects is $18,036,700. Total project
expenditures are $17,374,474. A net underrun of $662,226 (4% of the total authorized
budgets) will result in $261,662 being returned to the Treatment Plant Program,
$398,870 being returned to the Collection System Program and $5,998 being returned
to the General Improvements Program. A description of each project follows on
Attachment 2.
RECOMMENDED BOARD ACTION: Authorize cost overruns of $41,512 for DP 6084 _
Harmonics & Power Coordination and $11,686 for DP 6072 - Plant Data Acquisition
Improvements. No action is necessary on the other 19 projects.
C:lwindowsltemplcloseo - 1 . wpd
Page 2 of 9
ATTACHMENT 1
DP
NO. PROJECT TITLE AUTHORIZED EXPENSES UNDERRUN
BUDGET (OVERRUNS)
6010 Plant Security Projects $131,300 $91,763 $39,537
6072 Plant Data Acquis Imp $113,000 $124,686 ($11,686)
6084 Harmonics & Power Coord $180,000 $221,512 ($41,512)
6081 Final Effluent Sample Station $25,000 $13,449 $11,551
6097 Utility Water System Upgrade $25,000 $19,309 $5,691
6109 Energy Management Plan $200,000 $166,406 $33,594
6139 Treatment Plant Year 2000 $375,000 $235,671 $139,329
Compliancy
6143 Treatment Plant Roof $64,000 $69,777 ($5,777)
Replacement - Phase 3
6146 Pre-Aeration Odor Control $100,000 $66,567 $33,433
7175 Treatment Plant Flood Protect $68,000 $63,696 $4,304
Program Totals $988,300 $726,638 $261,662
CAPITAL PROJECTS TO BE CLOSED OUT
TREATMENT PLANT PROGRAM
COLLECTION SYSTEM PROGRAM
DP UNDERRUN
NO. PROJECT TITLE AUTHORIZED EXPENSES (OVERRUN)
BUDGET
4928 South Orinda Sewer Improve $15,050,400 $15,003,00 $47,400
0
4957 1-680/SR24 Sew Relocation $110,000 $53,000 $57,000
5328 Martinez Transmission Sewer $1,062,000 $823,500 $238,500
5352 Rossmoor Sewer Imp - Ph 5 $421,000 $417,400 $3,600
5418 Overlook Dr Sewer Replace $7,000 $5,830 $1, 1 70
5450 St Marys Rd Slide Repair $273,000 $214,000 $59,000
5463 Coli System Renovation - Ph 2 $25,000 $32,000 ($7,000)
5908 Walnut Creek Fac Plan $260,000 $259,905 $95
Program Totals $17,208,400 $16,808,635 $398,365
Page 3 of 9
ATTACHMENT 1 (Continued)
DP
NO. PROJ ECT TITLE AUTHORIZED EXPENSES UNDERRUN
BUDGET (OVERRUNS)
8169 4737 Imhoff Re-roofing $140,000 $135,534 $4,466
8174 CSO Department Fleet 14,000 11,876 2,124
Management System
8186 HR Work Area Remodel 14,000 14,592 (592)
Program Totals $168,000 $162,002 $5,998
CAPITAL PROJECTS TO BE CLOSED OUT
GENERAL IMPROVEMENTS PROGRAM
Page 4 of 9
ATTACHMENT 2
CAPITAL PROJECTS TO BE CLOSED OUT SUMMARIES
Treatment Plant Program
· Plant Security Projects DP 6010, this project installed additional security gates,
outdoor lighting, and replaced security cameras.
· Data Acquisitions Improvements DP 6072 was created ten years ago to provide a
way to store and retrieve Treatment Plant data from the ModComp process control
computer on an offline PC-based system accessible on our MIS network. The
General Manager approved an additional $25,000 in contingency in the spring of
2000. Yet, Phase /, which is now complete, required an additional $11,686 in
District labor. A subsequent project will replace the ModComp based reports and
plots with PC-based equivalents.
· Final Effluent Sample Station, DP 6081, installed the original, automatic pumped
sample system during the 5A design which never functioned adequately. This
project furnished and installed two final effluent samplers, one at the discharge of
the UV basins and the other adjacent to the flow-thru bioassay trailer.
· The Harmonics and Power Coordination Project, DP 6084, was initiated in 1991
to analyze and evaluate the current electrical system prior to the start of the
Headworks project. The Headworks project installed five large variable frequency
drives. These drives could potentially reflect harmonics or static back into the
plant grid causing overheating, instrumentation and control problems. The results
of the initial work provided the critical design input to accurately indicate the
required level of harmonic correction required on the Headworks project. The
second phase of this project evaluated the harmonics generated by the UV project
lamp ballasts. The results of this study provided the valuable data to correctly size
the harmonic filters installed in each cabinet. The third phase funded the power
coordination study that correctly sized and coordinated the protective devices on
the redesigned power distribution system developed by the Seismic Project. Due
to an oversight, the funding for this last phase of the project was not completed
in the requisite year and therefore reflects the budget overrun.
· The Utility Water System Upgrade, DP 6097, corrected deficiencies in the existing
system including installing two additional pumps, a utility water pump at the filter
plant and a 1 W pump both for redundancy and capacity requirements.
· Energy Management Plan, DP 6109, updated previous energy studies to reflect
current plant configurations, monitored existing energy usage throughout the
treatment plant and evaluated potential energy savings. It also developed
strategies to incorporate into future capital improvement projects for cost savings.
Page 5 of 9
ATTACHMENT 2 (cant.)
CAPITAL PROJECTS TO BE CLOSED OUT SUMMARIES
Treatment Plant Program
While this project is being closed out, the need for continuing energy management
in today's market is clear. A new project will be commissioned in this year's
budget.
· In order to avoid potential operational problems at both the treatment plant and the
pumping stations, Central Contra Costa Sanitary District's equipment was made
year 2000 compliant. Treatment Plant Year 2000 Compliancy, DP 6139,
developed a seven-phase action plan that brought the treatment plant and pumping
stations into compliance. The treatment plant and pumping station operations rely
extensively on modern microprocessors (PLC's) for correct operations. Among the
hundreds of devices, there are some date-sensitive microprocessors that use a two-
digit code to represent the year. The microprocessors could have become
confused or malfunctioned with the rollover to the Year 2000.
· Treatment Plant Roof Replacement - Phase 3, DP 6143, rehabilitated the
prematurely worn metal roof on the MMB/MCB. This rehabilitation will reduce
future maintenance cost and eliminate the rain infiltration that was occurring.
· UV Accommodations - Phase 2, DP 6146, was identified during the Year 2000
contingency planning effort as a mission critical system that is highly dependent
on frequent chemical deliveries. A 1,1 OO-gallon hypochlorite tank serviced the pre-
aeration odor control unit with a capacity of less than one week. There was a
surplus 5,000-gallon tank available that was installed at the odor control unit,
which increased the service of the hypochlorite system to at least one month. This
enhances the ability to continue providing hypochlorite to the pre-aeration control
unit in case of delivery delays. Also, there is a cost savings for reduced service
trips
· In the Treatment Plant Flooding Evaluation, DP 7175, engineering studies were
conducted to determine the level of storm flow protection provided by the levees
on Walnut and Grayson Creeks which abut the Treatment Plant. These hydrologic
calculations and associated storm flow modeling were performed using current
information for 25-, 50-, 100-, and 500-year storm events. Additional hydrologic
analysis was performed to evaluate the quantity and flow direction of local
precipitation which would result from the 25-, 50-, and 100-year storm events.
Page 6 of 9
ATTACHMENT 2 (cont.)
CAPITAL PROJECTS TO BE CLOSED OUT SUMMARIES
Collection System Program
· The Overlook Drive Sewer Replacement Project, DP 5418, involved the installation
of 8 inch ductile iron pipe and a rodding inlet to replace a damaged 6 inch vitrified
clay line. This work necessitated a quick design and construction turnaround so
it could be installed prior to the completion of a new subdivision in Walnut Creek.
This new installation was located in an existing easement that was part of the side
yard of a newly constructed residential unit. Having this replacement line installed
prior to building construction was beneficial to all parties involved.
· The South Orinda Sewer Improvement Project, DP 4928, was implemented to
eliminate dry and wet weather overflows in the area. The project included the
installation of 8,250 feet of 36-inch sewer along Moraga Way and 11,500 feet of
8 to 12 inch sewer in various locations.
· The 1-680/SR-24 Sewer Relocation Project, Phase 4B, DP 4957, was required in
order to accommodate the freeway interchange improvements by Caltrans. This
phase of the Project included work at Trinity Avenue and Oakland Boulevard in
Walnut Creek. The expenditure on this project of $53,8000 has been reimbursed
by Caltrans.
· The Martinez Transmission Sewer Project, DP 5328, consisted of the rehabilitation
of a portion of the Martinez transmission sewer system. The first phase of the
project included chemical treatment of the gravity sewer by spraying an alkaline
slurry on the crown of the pipeline. The second phase included the rehabilitation
of structures and pipeline within the MRC (formally Shell Petroleum Company)
property. The third phase of this project included the replacement of 180 feet of
36-inch sewer and providing corrosion resistant epoxy coating to the interior of
three junction structures and sixteen manholes.
· The Rossmoor Sewer Improvements Project, Phase 5, DP 5352, consisted of
installing 54 manholes, 5 rodding inlets and approximately 325 feet of new pipe.
· The Saint Mary's Road Slide Repair Project, DP 5450 consisted of constructing a
retaining wall supported by concrete encased H-piles and a portion of the Las
Trampas Creek bank and a site drainage system.
· The Collection System Renovation Project, Phase 2, DP 5463, consisted of the
investigating, design, and right-of-way acquisition of several sites requiring pipeline
repair. The contractor work will be included pipeline repair. The contractor work
will be included as part of a larger project.
· The Downtown Walnut Creek Facilities Plan, DP 5908, evaluated the sewer
network to determine the appropriate projects which would prevent overflows and
minimize pipe maintenance. Reducing operation and maintenance (O&M) costs will
reduce the overall collection system costs. Pipe segments requiring O&M more than
once a year do not meet the minimum level of service. Restaurants contributing to
Page 7 of 9
ATTACHMENT 2 (cant.)
CAPITAL PROJECTS TO BE CLOSED OUT SUMMARIES
Collection System Program
the grease problem were identified. An economic analysis was done, showing the
options of either rehabilitation/ replacement, or continued maintenance with spot
repairs. Sewer improvement projects are listed in the schedule in order of their cost
effectiveness ratios and scheduled based on planned City redevelopment projects
to coordinate with major street work.
Page 8 of 9
ATTACHMENT 2 (cont.)
CAPITAL PROJECTS TO BE CLOSED OUT
General Improvements Program
· The 4737 Imhoff Re-roofing project, DP 8169, provided for the repair of the roof
structure, removed the old roofing material, and installed a new roofing system on
the District's light industrial building at 4737 Imhoff Place. The building which was
built in 1981 had not had any major work performed on it, and a technical roofing
study completed in 1995 stated that the existing roof system was deteriorated and
should be replaced.
· The Collection System Operations Department Vehicle Fleet Management System,
DP 8174, provided for the purchase of fleet management software. The program
which was chosen, FLEETMAX, allows schedule services and tracking of parts,
repairs and maintenance on all district vehicles, as well as labor costs to perform
routine and non-routine repairs.
· The Human Resources (HR) Work Area Remodel project, DP 8186, removed built-in
cabinetry and counter and replaced it with a narrower counter, additional work
space and storage using modular furniture systems. A space planning consultant
designed a plan which enhanced the available space for increased productivity and
efficiency. The remodel addressed and corrected ergonomic, storage and space
issues associated with the previous furniture and office arrangement.
Page 9 of 9
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 1, 2001
No.: 4
.b.
CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
Subject: ACCEPT THE CONTRACT WORK FOR THE NO. 11 LOST VALLEY SLIDE
REPAIR, DISTRICT PROJECT NO. 5453, IN ORINDA, AND AUTHORIZE
THE FILING OF THE NOTICE OF COMPLETION
Submitted By:
Alex Rozul, Associate Engineer
Initiating Dept./Div. :
Engineering/Capital Projects
~,I
11:-
tIzt~13
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: Construction has been completed on the No. 11 Lost Valley Slide Repair Project,
District Project (DP) 5453 in Orinda, and the work is now ready for acceptance.
RECOMMENDATION: Accept the contract work for the No. 11 Lost Valley Slide Repair
Project, and authorize the filing of the Notice of Completion.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES/CONSIDERATIONS: Not applicable. Filing the Notice of Completion is
advisable under the California Civil Code, Section 3093.
BACKGROUND: The District initially became aware of land movement at No. 11 Lost
Valley Drive, Orinda, in early 1995, and became aware of additional movement during the
winter of 1997-1998 (see Attachment 1 for location). Early in 1998 the District retained
a geotechnical engineer, Woodward Clyde Consultants (now URS Corporation), to
evaluate the landslide and to provide recommendations. Although Woodward Clyde
Consultants did not find any evidence that the District's facilities caused or contributed
to the landslide condition, the consultant did recommend that a repair be undertaken to
protect the long-term integrity of the District's sewer and sewer manhole. This project
entailed excavating the soil in the slide area and constructing a reinforced soil buttress to
replace the excavated material (see Attachment 2). In addition, a deteriorated 24-inch
storm drain line, which runs from the street through the slide area, was lined and
extended to the creek in order to prevent water damage to the soil buttress repair.
On July 20, 2000, the Board of Directors (Board) authorized the award of a contract for
the construction of the project to McGuire and Hester Construction of Oakland. The
2/21/01
CPD-GL-I:\Design\Position Papers\5453\Accept Contract Work.wpd
Page 1 of 4
POSITION PAPER
Board Meeting Date: March 1, 2001
Subject:
ACCEPT THE CONTRACT WORK FOR THE NO. 11 LOST VALLEY SLIDE
REPAIR, DISTRICT PROJECT NO. 5453, IN ORINDA, AND AUTHORIZE
THE FILING OF THE NOTICE OF COMPLETION
Notice to Proceed was issued on September 6, 2000. The work was substantially
completed on February 9, 2001.
The total authorized budget for the project is $279,000. The budget includes the cost of
engineering design, District forces, testing services, geotechnical services, contractor
services, etc. An accounting of the project costs will be provided to the Board at the time
of project close-out. Although there is a litigation ongoing with the property owner of
11 Lost Valley, it has no bearing on the contractual obligation between the District and
the Contractor. It is appropriate to accept the contract work at this time.
RECOMMENDED BOARD ACTION: Accept the contract work for the No. 11 Lost Valley
Slide Repair Project, and authorize the filing of the Notice of Completion.
2/21/01
CPD-GL-I:\Design\Position Papers\5453\Accept Contract Work.wpd
Page 2 of 4
~
N
~
C
\J
\J
m
:D
:r:
)>
\J
-0
-<
~
r-
r-
~
PROJECT
AREA
c:
'"
~
..
C)
o
.,.,
C)
N
.,.,
--
.r:;
u
2 0 3000
c
~ I .
~ FEET
.,.,
-;;;
..
"0
u
:: Central Contra Costa
Sanitary District
LOST VALLEY DR
SLIDE REPAIR
C)
.,.,
C:::
5
C)
N
cb
u.J
'7-
N
Attachment
1
~~
~
.-4.t'
~4-
\,)
....~
EX 119 (7JBJl
.,
'{'
~
N
~
\"
'.\
'.\
".\
"\
'\
\
\ "
\
/"
\
\
\
\
\
~ \
~\ \ d of-SO ..,
" \ /\ "-
~ \("
~ \
~ \
1. \
o
c
10
FEET
20 . EXCAVATION PLAN
J
/
"
S40
670
660
&SO
6JO
o
II
20 30 40 SO
FINAL GRADE SECTION A
60
70
Central Contra Costa
Sanitary District
Attachment
LOST VALLEY
PROPOSED SLIDE REPAIR
2
-~;,-."'''- ~~
Page 4 of 4
.
::/.i
( ~
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 1, 2001
NO':4
.c.
CONSENT CALENDAR
Type of Action: ACCEPT CONTRACT WORK
Subject:
ACCEPT THE CONTRACT WORK FOR THE ROSSMOOR SEWER
IMPROVEMENTS PROJECT, PHASE 6, DISTRICT PROJECT 5423, AND
AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION
Submitted By:
David Baldi, Sr. Engineering Assistant
Initiating Dept./Div. :
Engineering/Capital Projects
c?j:~
#r
H. Thorn
t4;r/:"~
@?<b
A. Farrell
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE: Construction has been completed on the Rossmoor Sewer Improvements Project,
Phase 6, District Project 5423, and the work is now ready for acceptance.
RECOMMENDATION: Accept the contract work for the Rossmoor Sewer Improvements
Project, Phase 6, and authorize the filing of the Notice of Completion.
FINANCIAL IMPACTS: None related to this action.
AL TERNATIVES/CONSIDERATIONS: Not applicable. Filing the Notice of Completion is
advisable under the California Civil Code Section 3093.
BACKGROUND: An agreement regarding the District taking over maintenance of private
sewer mains within the Rossmoor community was approved by the Board of Directors in
1995. Under terms of this agreement, new manholes, rodding inlets, and necessary
repairs were made to the existing private sewers so they could be accepted by the
District. The first six phases of construction have been completed each year from 1995
through 2001. There are four remaining phases that should be completed in 2005.
The sixth phase of construction consisted of the installation of 200 feet of 8-inch PVC
pipe, 15 manholes, 2 rodding inlets, and 3 spot repairs in four separate areas of
Rossmoor. On August 17, 2000, the Board of Directors authorized the Award of Contract
for construction of the project to TGH Pipelines, Inc. The Notice to Proceed was issued
on October 4, 2000. The work was substantially completed on February 9, 2001. The
remaining items of work consist of minor punchlist items, which do not affect the project
acceptance.
2/21/01
CPD-G L _I :\Construction\District Projects\5423\NtcofComplnPPMarch. wpd
Page 1 of 3
POSITION PAPER
Board Meeting Date: March 1, 2001
Subject:
AUTHORIZE AWARD OF CONSTRUCTION CONTRACT TO TGH
PIPELINES, INC. FOR THE ROSSMOOR SEWER IMPROVEMENTS
PROJECT, PHASE 6, DISTRICT PROJECT NO. 5423
The total authorized budget for the project is $224,000. The budget includes the cost of
engineering design, District forces, testing services, geotechnical services, contractor
services, etc. An accounting of the project costs will be provided to the Board at the time
of project closeout. It is appropriate to accept the contract work at this time.
RECOMMENDED BOARD ACTION: Accept the contract work for the Rossmoor Sewer
Improvements Project, Phase 6, and authorize the filing of the Notice of Completion.
2/21/01
CPD-G L -I: \Construction\District Projects\5423\NtcofComplnPPMarch. wpd
Page 2 of 3
...,
.
52
g
o
.~~
15.
~N
~
Rd.
~
N
~
;0
0-
0 3
I I
MILES
..,
N
.J
~
N
'"
...,
'"
,
s=
u
.E
"0
,
N
'"
,..,
'"
,
..
>
?
u
15
,
... Central Contra Costa
Sanitary District
Attachment
ROSSMOOR SEWER
IMPROVEMENTS PROJECT
PHASE 6
1
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 1, 2001
No.: 4.d. CONSENT CALENDAR
Type of Action: AUTHORIZE TECHNICAL TRAINING
Subject: AUTHORIZE ATTENDANCE OF ALAN R. GRIEB, PROCESS CONTROL
ENGINEER, AT A PROCESS CONTROL SEMINAR BY NATIONAL
TECHNOLOGY TRANSFER, INC., IN SAN DIEGO, APRIL 5-6, 2001, AT A
COST NOT- TO-EXCEED $1,500
Submitted By: Douglas J. Craig,
Plant Operations Division Manager
Initiating Dept./Div. :
Plant Operations/Operations
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
lJ-/e-
D. Craig
ift!!r
ISSUE: Approval by the Board of Directors is required for unbudgeted travel if the e
will exceed $1,000.
RECOMMENDATION: Authorize attendance of Alan R. (Randy) Grieb at a process control
seminar sponsored by National Technology Transfer, Inc.
FINANCIAL IMPACTS: Randy Grieb is currently budgeted to attend the California Water
Environment Association (CWEA) conference in Palm Springs in April 2001, at a cost of
$1,500. Due to a scheduling conflict, he is unable to attend the CWEA conference. This
process control training would be in lieu of the CWEA conference. There would be no net
impact to the budget.
AL TERNATIVES/CONSIDERATIONS: Do not authorize Randy Grieb's attendance at this
conference.
BACKGROUND: National Technology Transfer, Inc., is presenting a two-day seminar on
Tuning Direct Digital Control (DDC)/Process Control Loops in San Diego on April 5-6,
2001. Randy Grieb's job involves the responsibility for the programmable logic controllers
(PLCs), which are utilized throughout the treatment plant. Proper tuning of PLC control
loops is required for process stability and efficiency, which results in better control and
lower costs. This seminar covers common process characteristics and the different
methods for tuning DOC controllers.
Participation at this training session was not anticipated at the time the training budget
was completed. However, adequate funds are available in the budget due to a shifting
of training priorities.
2/21/01
S :\Correspondence\POSPAPR\200 1 \SanDiego.ARG. wpd
Page 1 of 2
POSITION PAPER
Board M68ting Date: March 1, 2001
Subject: AUTHORIZE ATTENDANCE OF ALAN R. GRIEB, PROCESS CONTROL
ENGINEER, AT A PROCESS CONTROL SEMINAR BY NATIONAL TECHNOLOGY
TRANSFER, INC., IN SAN DIEGO, APRIL 5-6, 2001, AT A COST NOT-TO-
EXCEED $1,500
RECOMMENDED BOARD ACTION: Authorize the attendance of Alan R. Grieb, Process
Control Engineer, at "Tuning DDC/Process Control Loops" seminar in San Diego, April 5-6,
2001, at a cost not-to-exceed $1,500.
2/21/01
S:\Correspondence\POSPAPR\200 1 \SanDiego.ARG. wpd
Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 1, 2001
No.: 4.e. CONSENT CALENDAR
TyPB of Action: CONFIRM PUBLICATION
Subject: ADOPT A RESOLUTION CONFIRMING PUBLICATION OF DISTRICT ORDINANCE
NO. 215 ADJUSTING COMPENSATION FOR THE BOARD OF DIRECTORS OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
Submitted By:
Joyce E. Murphy
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Initiating DeptJDiv. :
Administrative Department
ISSUE: Section 6490 of the Health and Safety Code of the State of California provides
that District ordinances shall be published once in a newspaper of general circulation
within the District, and provides that an Order of the Board of Directors of the District to
the effect that the ordinance has been published shall constitute conclusive evidence that
publication has been properly made.
RECOMMENDATION: Adopt a resolution confirming the publication of District Ordinance
No. 215.
FINANCIAL IMPACTS: None related to this issue.
At TERNATIVES/CONSIDERATIONS: Establishes presumption that the ordinance was
correctly published and therefore would be deemed procedurally valid by a court.
BACKGROUND: District Ordinance No. 21 5 which was adopted by the Board at the
meeting of December 21, 2000, and which Adjusts Compensation for the Board of
Directors of the Central Contra Costa Sanitary District, was published in the Contra Costa
Times on January 8, 2001.
RECOMMENDED BOARD ACTION: Adopt a resolution confirming the publication of
District Ordinance No. 215.
2/1 6/01
S:\ADMIN\MURPHY\Resolutions\POSITION PAPER.CONF PUB.wpd
Page 1 of 2
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above-entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed and published at
2640 Shadelands Drive in the City of Walnut Creek, County
of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of October
22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Januarv 8
all in the year of 2001
I certify (or declare) under penalty
foregoing is true and correct.
E:ted at Walnut Creek, California.
~...~ t!U!$L~~. .
51 ature
of perjury that the
Contra Costa Times
POBox 4147
Walnut Creek, CA 94596
(925) 935-2525
......~
Proof of Publication of:
(attached is a 'copy of the legal advertisement that published)
ORDINANCE NO. 215
AN ORDINANCE
ADJUSllNG
COMPENSATION FOR
THE BOARD OF
DIRECTORS OF THE
CENTRAL CONTRA
COSTA SANITARY
DISmlCT
WHEREAS, on July 5, 2000,
~hneac~~if're'~~te LeeRIFI~1"5~
(Chapter 86, Statutes of
2000); and
WHEREAS, this bill amend-
ed Section 6489 of the Cali-
fomia Health and Safety
Code, authOrizing sanita!)'
district boards to, by Ordi-
nance, increase board
member compensation in
an amount greater than the
current maximum of one
hundred dollars ($100) per
day by an addilionar rIVe
percent (5%) for each cal-
endar year following the
operative date of the last
adjustment; and
WHEREAS, the last adjust-
[g~nb~nnt~~m&;~;~ti~o~?~
Sanitary District was in
1987; and
WHEREAS, Califomia Wa-
ter Code Sections 20200 et
seq., which have been in-
corporated into the Sani-
tary District Act, require
that any such increase be
~c~~~tfecar~e Shf~~ n~i
least sixty (60) days from
the date of final passage.
~~:d orI~~e~~r~Eof i~~
Central Contra Costa Sani-
tary District does ordain as
follows:
SECTION 1: DIRECTOR
COMPENSATION
a. That Section 2.04.030]
Compensation of Boaro
Members, pf the District
~~e t~~t h:re,;>lw reJ':~:;~
2.04.030 is hereby adopted
as foliows.
b. Beginning on March 1
2001, and continuing until
this ordinance is modified
~~ti'ci',f"f~~e~ir~~~oiso'{;n~;
Central Contra Costa Sani-
tary District is hereby in-
creased from the current
one hundred dollar ($100)
level in accordance with
Senate Bill 1559, as set
~?o~h 2~M~~ic;,~03.?tlfg~f~
Water Code. compensation
shali not be for more than a
total of six (6) days of any
calendar month.
c. The amount of Directors'
compensation established
for March 2001 and there-
after until furth",r action of
the Board shall be 5170.00.
SECTION 2: EFFECTIVE
DATE
Upon adoption, this Ordi-
nance shall be entered in
: the minutes of the Central
. Contra Costa Sanitary Dis-
trict, shall be published
once in a newspaper in
general circulation within
the District, and shall take
effect on March 1, 2001.
PASSED AND ADOPTED
this 21st day of Decemberl
2000, on tne following rol
call vote:
AYES: Members:
Boneysteele, Hockett,
Menesini, Lucey
NOES: Members, Neiedly
ABSENT: Members: None
G. Lucey
President of the Board of
Directors
Central Contra Costa
Sanitary District
County of Contra Costa,
State of California
COUNTERSIGNED:
Joyce E. Murphy
Secretary'i,{,of the Central
Contra Costa
Sanitary District, County of
C0ntl":::t, Co~t:-:',.
- J
State of California
Approved as to Form:
Kenton L. Aim
District Counsel
L al CCT 1109
P~lish January 8, 2001
---------
Page 2 of 2
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 1, 2001
No.:
7.a.
ENGINEERING
Type of Action: ADOPT RESOLUTION
Subject: ADOPT RESOLUTION AUTHORIZING GENERAL MANAGER TO ACT AS
DESIGNEE OF THE DISTRICT FOR FACILITY PLAN GRANT FUNDING FOR THE
INDUSTRIAL RECYCLED WATER PROJECT
Submitted By:
Joe Pomroy
Initiating Dept./Div. :
Engineering/Environmental Services Division
R. Schmidt
-tr:b,
~
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
~
" ill_
ISSUE: The Water Recycling Facilities Planning Grant Program administered by the State
Water Resources Control Board provides grants to public agencies for facilities planning
studies for water recycling. The District Board of Directors must adopt a resolution
authorizing the General Manager as its designee in submitting the Grant Program
Application.
RECOMMENDATION: Adopt a resolution authorizing the General Manager to act as
designee of the District to sign and file a Water Recycling Facilities Planning Grant
Application for the Industrial Recycled Water Project.
FINANCIAL IMPACTS: If the Grant application is approved, it will provide a grant that will
cover 50% of eligible facility planning costs up to a maximum grant of $75,000.
ALTERNATIVES/CONSIDERATIONS: The District can choose not to submit the application
and fund the whole Facility Plan with monies from the Sewer Construction Fund.
BACKGROUND: The Recycled Water Industrial Demonstration project is a high priority
project in the Recycled Water Capital Improvement Budget. The Industrial Demonstration
project has the potential to provide a significant amount of recycled water to a nearby
industry while generating a positive revenue stream. This project will first prepare a
facilities plan that will detail the industrial recycled water client needs, the facilities needed
to meet water quality objectives for supplying recycled water, an economic analysis of the
project and a business plan to present to CCWD as part of the requirements in the General
Agreement for Recycled Water.
2/21/01
U:\PPr\SW\7201 JP.wpd
Page 1 of 4
POSITION PAPER
Board Meeting Date: March 1, 2001
Subject: ADOPT RESOLUTION AUTHORIZING GENERAL MANAGER TO ACT AS
DESIGNEE OF THE DISTRICT FOR FACILITY PLAN GRANT FUNDING REQUIREMENTS
FOR THE INDUSTRIAL RECYCLED WATER PROJECT
The State Water Resources Control Board administers grant funding to agencies to
complete facility plans. This grant will help reduce costs to the District in completing the
facility plan phase of the work. A facility plan that has been completed and submitted to
the State for approval is also the first step for obtaining State Loans and Grants for
construction of recycled water projects. The District intends to pursue these state loans
and grants for construction if the facility plan is successful and a project specific
agreement is negotiated with Contra Costa Water District to supply recycled water to the
industry.
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the General Manager
to act as designee of the District to sign and file a Water Recycling Facilities Planning
Grant Application for the Industrial Recycled Water Project.
2/21/01
U:\PPr\SW\7201 JP.wpd
Page 2 of 4
RESOLUTION NO.
RESOLUTION DESIGNATING GM TO SIGN AND FILE
A WATER RECYCLING FACILITIES PLANNING GRANT APPLICATION
WHEREAS, Central Contra Costa Sanitary District believes prudent water
management in California requires effective water conservation and reuse to meet diverse
water needs; and
WHEREAS, it is sound public policy to develop recycled water resources through
economically, financially, and environmentally sound projects; and
WHEREAS, the use of existing facilities benefits the ratepayers by enabling the
productive use of existing facilities; and
WHEREAS, the State of California has authorized the Office of Water Recycling of
the State Water Resources Control Board to provide grants to public agencies for facilities
planning studies for water recycling.
BE IT RESOLVED by the District Board of the Central Contra Costa Sanitary District
that the General Manager or his/her designee is hereby authorized and directed to sign and
file, for and on behalf of the Central Contra Costa Sanitary District, a Water Recycling
Facilities Planning Grant Application for a grant from the State Water Resources Control
Board in the amount not to exceed $75,000 for a facilities planning study of the Industrial
Recycled Water Project, and
BE IT RESOLVED that the Central Contra Costa Sanitary District hereby agrees and
further does authorize the aforementioned representative or his/her designee to certify that
the Agency has and will comply with all applicable state statutory and regulatory
requirements related to any state grant funds received, and
BE IT FURTHER RESOLVED that the General Manager or his/her designee of the
Central Contra Costa Sanitary District is hereby authorized to negotiate and execute a
grant contract and any amendments or change orders thereto on behalf of the Central
Contra Costa Sanitary District.
Page 3 of 4
.--.---T----~~-.~-----.----.-.--~
PASSED AND ADOPTED this 15t day of March, 2001 by the Board of Directors of
the Central Contra Costa Sanitary District by the following votes:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Barbara D. Hockett
President of the Board of Directors,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Joyce E. Murphy
Secretary,
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
APPROVED AS TO FORM:
Kenton L. Aim,
District Counsel
Page 4 of 4
1---- - ---- -- -~------------------
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 1, 2001
No.: 7.b.
ENGINEERING
Type of Action: AUTHORIZE AGREEMENT
Subject: AUTHORIZE PRESIDENT OF THE BOARD OF DIRECTORS TO EXECUTE AN
AGREEMENT WITH CONTRA COSTA COUNTY FOR JOINT PURCHASE AND USE OF
DIGITAL ORTHOPHOTOGRAPHY
Submitted By:
BILL CLEMENT,
ENGINEERING SUPPORT SUPERVISOR
Initiating Dept./Div. :
ENGINEERING DEPARTMENT
PLANT ENGINEERING DIVISION
twc:-
B CLEMENT
I/J;
W BRENNAN
~LL
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
ISSUE:
Authorization of the Board of Directors is required for the Board President to execute an
agreement with another public agency.
RECOMMENDATION:
Authorize the President of the Board of Directors to execute an agreement with Contra
Costa County for joint purchase and use of digital orthophotography
FINANCIAL IMPACTS:
This agreement involves a one time expenditure of $25,847. The funds were budgeted
in the 2000-2001 CIP, page GI-14.
AL TERNA TIVES/CONSIDERA TIONS:
The four agencies involved in the agreement each realize a significant cost savings over
separately contracting for the product.
BACKGROUND:
Digital orthophotography is a significant enhancement to the data available to District
employees working in the collection system area. Objects as small as 1/2 foot diameter
may be detected on the digital images. This data will be integrated with the District's
collection system maps to help locate district facilities, encroachments on District
easements, and access for maintenance operations. The agreement has been reviewed by
District counsel.
RECOMMENDED BOARD ACTION:
Authorize the President of the Board of Directors to execute an agreement with Contra
Costa County for joint purchase and use of digital orthophotography
2/20/01
D :\MyFiles\BI LL \Ortho\pospap. wpd
Page 1 of 1
.'
...
Agreement for Joint Purchase And
Use of Digital Orthophotography
1. Parties
The parties to this Agreement are the CENTRAL CONTRA COSTA SANITARY
DISTRICT, a special district of the State of California (hereafter "DISTRICT"), the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California
(hereafter "COUNTY"), the IRONHOUSE SANITARY DISTRICT, a special district of the
State of California (hereafter "IRONHOUSE") and the Contra Costa County Flood Control
and Water Conservation District on behalf of the Contra Costa Clean Water Program, a
joint agreement entered into between Contra Costa County, its nineteen incorporated
cities and the Contra Costa County Flood Control Water Conservation District (hereafter
"CLEAN WATER") (collectively Participants).
2. Purpose
The purpose of this Agreement is to obtain accurate aerial photography and other
associated mapping products as set forth in the Scope of Work attached hereto as
Exhibit "A" and incorporated herein (hereafter "PROJECT"). The COUNTY has executed
a contract with Hammon, Jenson, Wallen, & Associates, Inc., (hereafter
"CONSULTANT") to perform the services set forth in Exhibit "A".
3. Proiect Manaqement
The COUNTY shall be responsible for all project management. Any and all issues
pertaining to this Agreement or the work of the CONSULTANT shall be communicated
solely through the County's project manager.
4. Cost Sharinq
The following is the cost sharing for the Project hereby agreed to by the Participants:
COUNTY .. ....... .......... ............. ..... ................ ....................... $214, 161 460/0
CENTRAL SANITARY DISTRICT ........................................$25,847 6%
CLEAN WATER.. ....... ............ ............... ...... ............. ...... ..... $214, 161 460/0
IRON HOUSE ..... .~... ...... ........ ........... ........................ ........ .~7 .804 20/0
Total Project Cost............ ....... ....................... $462,000 100%
These costs do not include costs for hard copy products, which are optional items to be
obtained from the COUNTY or its designated representative independent of this
Agreement; and, paid by the requesting participant.
5. Payment for Services
The COUNTY shall be responsible for making all payments to the CONSULTANT for the
products and services set forth in Exhibit "A". The COUNTY will bill the participants for
1
~
their share of the cost as indicated in Section 4 (four). Each participant shall pay the
COUNTY within 30 days of receipt of billing.
6. Completion Schedule
The project schedule is attached hereto as Exhibit "B," and incorporated herein.
7. Map Products
The map products referred to in this Agreement are:
A. 200 and 400 scale digital orthophoto imagery, scale depending on location
B. Countywide 10 foot contours in digital MicroStation .dgn format
C. Digital Terrain Model in digital MicroStation .dgn format
For other formats please contact the Contra Costa County Public Works Department
Computer Services Manager to discuss.
One copy of each of the above will be provided to CLEAN WATER for the entire County
Area, to DISTRICT and IRONHOUSE for the area within their respective boundaries.
8. Ownership of Map Products
All rights, titles, royalties, and interests to all map products of the CONSULTANT
resulting from its performance under this Agreement shall be jointly owned by the
Participants; and, they agree it is the intent of this Agreement that digital map products
shall be distributed to other parties, only as provided hereunder, or as required by law.
Participants shall have the full right to use, duplicate, and distribute products within their
respective agencies. This right shall extend to Participant's contractors, only as it pertains
to the jurisdictions contracted work. This limitation shall be included in all Participants
agreements with their contractors.
9. Sale of Map Products
It is hereby agreed by the Participants that all products have been obtained at
considerable cost, and every effort shall be made to recover costs by charging
appropriate fees for the use of map products resulting from this Agreement. Under this
Agreement, only the COUNTY or designated representative shall administer sale of
digital map products. All revenues received from sales of digital map products, to
customers after deducting the COUNTY or designated representative's administrative
costs, shall be proportionally distributed to Participants based on the percentages shown
in Section 4 (four) of this Agreement.
Administrative cost for distribution of digital data shall be mutually agreed upon between
County and Contractor and reported back to Participants.
Restrictions for sale of products shall not apply to the Participants' sale of paper, diazo
prints (bluelines), mylar, or other non-digital hardcopy products.
2
The COUNTY or designated representative shall manage all ordering, production, and
administrative duties for providing digital map products to the Participants, cities, and
customers. Procedures for ordering, delivering, archiving, and accounting for sales of
map products produced under this Agreement shall be detailed in the attached operation
handbook attached hereto as Exhibit "C," and incorporated herein. .
1 O. No Third-Partv Beneficiaries
Nothing in this Agreement, expressed or implied, is intended to confer on any person,
other than the parties to this Agreement and their respective successors-in-interest, any
rights or remedies under or by reason of this Agreement.
11. Successors-in-Interest
This Agreement shall be binding on any successors-in-interest of any of the Participants.
12. Indemnification
Each Participant shall indemnify and hold harmless all other Participants and their
officers and employees from Participant's share of all liabilities, losses, costs, or
expenses, including attorneys' fees, arising out of the negligent acts, errors, or omissions
of that Participant or its officers or employees, arising out of or connected with this
Agreement.
13. Notices
All notices necessary under this Agreement shall be in writing and shall be delivered by
deposit in the United States mail, postage prepaid. The effective date of notice shall be
the date of deposit in the mail.
Notice to COUNTY shall be addressed to:
Public Works Department Computer Services Manager
255 Glacier Drive
Martinez, CA 94553
Notice to DISTRICT shall be addressed to:
GIS Project Manager
5019 Imhoff Place
Martinez, CA 94553
Notice to IRON HOUSE shall be addressed to:
District Engineer
450 Walnut Meadows Drive
P.O. Box 1105
Oakley, CA 94561
Notice to CLEAN WATER shall be addressed to:
Program Manager
255 Glacier Drive
3
Martinez, CA 94553.
14. Modification
This Agreement shall be modified only by a written document approved by all
Participants.
15. Termination
Any Participant may terminate participation in this Agreement by giving written notification
to Participant County and upon fully meeting that Participant's obligations set forth in this
Agreement.
16. Entire AQreement
.
This Agreement contains all the terms agreed to by the Participants on the subject matter
of this Agreement. No other understanding, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the Participants.
Contra Costa County
n
By c.t-' '" ~. ~...\
Pub .c rks Director
Date: () }./OS,/6 I
/ /
Contra Costa County Flood Control
conserva. tion D. is trict .. i2.
'~
iJ " "
By (.-fl l.~, i..V /.c.~
chieP gineer
"). '? Il'~/ '
( ...... t ,) (> I
! /
and Water
Date:
Central Contra Costa Sanitary District
i
!
Central Contra Costa Sanitary District
By ~4/1/A4J~~~~
Board President
Date: 3 It! 0 I
[ (
By:
~~~
~--{ li 1) (
Date:
Approved as to form only:
Silvano B Marchesi, County Counsel
Iron house Sanitary District
By
By:
General Manager
Date:
Date:
Deputy
PM:gpp:mw:fp;ek
eklute~. \Digital OrthophotolProject managementlContract Ooalmenls\ Agreement for Joint Purchase-Digital Orthopholograph1.doc
~
4
.. ,
CONTRA COSTA COUNTY
EQUIPMENT, SOFTWARE & SERVICES PROCUREMENT AGREEMENT
Name of Project: Diqital Orthophotoqraphv Proiect
Contractor: Hammon. Jensen & Wallen
Effective Date 4/18/2000
This Agreement is entered into by and between the Contra Costa County and the
above named Contractor, and is effective as of the date given above.
A. Contractor will provide the County with the Services and Products described in
Exhibit A and B in accordance with the Project milestones contained in Exhibit C,
as such exhibits may be modified as provided herein. The Project will be
evaluated and accepted by the County pursuant to the tests, procedures, and
criteria set forth in Exhibit D.
B. The attached Terms and Conditions are incorporated into and made a part of
this Agreement.
C. The following provisions shall apply to the attached Terms and Conditions:
(1) Authorized Representatives (Section 4.2,6.2,6.3):
For Contractor: Bill Zeman
Telephone: (510) 638-6122
Telephone: (925) 313-2307
For County: John Huie
(2) Addresses and Fax Numbers for Notices (Section 20.0):
~.
Contra Costa County Hammom, Jensen, Wallen & Associates
Public Works Department. 8407 Edgewater Dr.
255 Glacier Dr. Oakland, CA 94621
Martinez, CA 94553
FAX: (925) 313-2333
FAX: (510) 638-5628
(3) Fixed Price or Other Pricing Basis (Section 3.1): $ 555,000.00
(4) Reserve Amount for Minor Changes (Section 6.3): $0.00
(5) Minimum Amount for Minor Changes (Section 6.3): $0.00
(6) Contractor Federal 10 # 94-2186-961
"COUNTY"
::N:;:;g~
Public Works Director
"CONTRACTOR"
By:
~~
Mark Safran, Vice President
Date:
4/'1 fJ/ftTJ
,
BY:~ .
Joh GIll, Vice PresIdent
Note to Contractor: For corporations (profit or non-profit), the Agreement must
be signed by two officers. Signature A must be that of the President or Vice-
President and Signature 8 must be that of the Secretary or Assistant Secretary
(Civil Code Sec. 1190.1 and Corporation Code Sec. 313).
....0
CONTRA COSTA COUNTY
EQUIPMENT, SOFTWARE, AND SERVICES PROCUREMENT AGREEMENT
TERMS AND CONDITIONS
SECTION 1 -
DEFINITIONS
1 .1 The following general definitions shall apply for the purposes of this Agreement:
"Agreement" shall mean this agreement.
"Business Day" shall mean Monday through Thursday, excluding holidays
observed by the County.
"Contractor" shall mean the person or entity identified as Contractor on the first
page of this Agreement.
"County" shall mean the Contra Costa County.
"Four Digit Year Format" shall mean a format that allows entry or processing of
a four-digit-year date, where the first two digits will designate the century and
the second two digits will designate the year within the century.
"Documentation" shall have the meaning set forth in Exhibit A - Project
Assumptions and Understandings.
"Leap Year" shall mean the year during which an extra day is added to
February (February 29). Leap Year occurs in all years evenly divisible by the
number four (4), except that a year that is divisible by 100 is not a Leap Year,
unless it is also divisible by 400.
"Minor Changes" shall have the meaning set forth in Section 6.3.
"Products" shall mean the deliverables listed in Exhibit A - Scope of Work and
all 'Other equipment and software to be provided by Contractor pursuant to this
Agreement.
.Project" shall mean Jhe task(s) described in Exhibit A - Scope of Work.'
.Section" shall mean a section of this Agreement.
"Services" shall mean all labor to be provided by Contractor or its
subcontractors pursuant to this Agreement.
"Year 2'000 Compliant" shall mean dates outside the range of 1900-1998,
including the years 1999, 2000 and thereafter, encountered and/or processed
by the sottware/firmware/hardware/equipment/system will be correctly
recognized, calculate, sorted, stored, displayed and/or otherwise processed in
any level of computer hardware or software, including, but not limited to,
microcode, firmware, application programs, system software, utilities, files
database and network infrastructure devices.
1
SECTION 2 - EXHIBITS
The following Exhibits hereto are incorporated into and made a part of this Agreement:
Exhibit A - Scope of Work
Exhibit B - Project Rates and Pricing for Additional Deliverable Items
Exhibit C - Project Milestones, and Special Payment Provisions
Exhibit D - Performance, and Acceptance Criteria
Exhibit E - Indemnification and Insurance Provisions
SECTION 3 - PRICING AND PAYMENT
3.1 The County will pay Contractor for the Services and the Products in accordance
with the pricing set forth in item C(3) of this Agreement, except as otherwise
provided in this Agreement.
3.2 Except as otherwise provided in this Agreement, Contractor will invoice the County
and will be paid in accordance with the provisions of Exhibit C(3) of page 1 hereof.
3.3 All invoices from Contractor will be in a format approved in advance by the County.
3.4 Invoices are payable within 30 days after receipt.
3.5 If this Agreement is designated as a firm fixed-price contract in item C(3) of page 1
hereof, such price shall include all sales, use, and value-added taxes, freight
charges, insurance, licenses, and any other charges related to the sale or
licensing of the Products and the providing of the Services to the County; the total
amount invoiced to the County for the Project shall not exceed the amount set
forth in.Jtem C(3) on page 1 hereof, unless changes are approved pursuant to
Section 6.0.
3.6 Should the County require additional Products for the Project, they will be provided
under the pricing structure set forth in Exhibit B and shall be considered changes
pursuant to Section 6.0.
SECTION 4 - PERSONNEL AND SUBCONTRACTORS
4.1 Contractor shall provide qualified personnel to supply the Services for the Project.
4.2 The authorized Representative of Contractor designated on page 1 of this
Agreement shall be the County's normal point of contact at Contractor on matters
related to Contractor's performance of the Services hereunder. Likewise, the
County has designated its Authorized Representative who will be the normal point
of contact at the County for Contractor concerning the County's duties and
responsibilities hereunder and any interpretation or proposed modification of this
Agreement. The Authorized Representatives for a party may be changed upon
2
"
written notice from the party changing the Authorized Representative to the other
party. Upon written request by the County, Contractor will replace Contractor's
Authorized Representative.
4.3 Contractor may use the subcontractors designated in Exhibit A - Scope of Work to
perform that portion of the Services designated therein for such subcontractors. If
Contractor proposes to use any additional or different subcontractors on the
Project, it must receive the County's advance written consent, which will not be
unreasonably withheld or delayed.
4.4 Contractor acknowledges that it will be responsible for the performance or non-
performance by its subcontractors of the tasks set forth by the Contractor in
Exhibit A - Scope of Work. Contractor shall contractually require all subcontractors
performing work on the Project to abide by the following provisions of this
Agreement: Sections 4.5- 4.9, 5.3, 7.7-7.4, 11.0, 17.1, 19.0, and 20.0.
4.5 Contractor agrees that the Contractor and subcontractor employees designated as
key personnel. in Exhibit A will be assigned to the Project and will be available as
necessary to meet the milestones in Exhibit C. Contractor shall not withdraw or
replace such key personnel, and will contractually prohibit its subcontractors from
withdrawing or replacing their key personnel, without the prior written consent of
.. the County, except for the termination of employment, illness, death, disability, or
other similar personal reasons.
4.6 Immediately upon receipt of written notice from the County that any Contractor
employee, or employee of a subcontractor to Contractor, is not performing work on
the Project in a satisfactory manner, Contractor will remove such employee and,
within a reasonable period of time, replace such employee with a qualified
employee.
4.7 Contractor and its employees, subcontractors, and subcontractors' employees are
not and shall not be deemed to be, employees of the County. Contractor and its
subcontractors will be solely responsible for the payment of their respective
employees' compensation, including employee taxes, workers' compensation, and
any similar taxes associated with their employment.
4.8 This Agreement shall not create any partnership or joint venture between the
parties. Nothing contained in this Agreement shall constitute either party as the
agent or legal representative of the other for any purpose. No provision of this
Agreement grants either party any express or implied right of authority to assume
or create any obligation or responsibility on behalf of or in the name of the other
party, or to bind the other party in any manner or thing whatsoever.
4.9 Neither party will, directly or indirectly, solicit or offer employment to any employee
of the other party during the work on the Project by said employee and for one
year thereafter.
3
SECTION 5 - ASSISTANCE FROM COUNTY AND RULES OF ACCESS
5.1 The County will be providing the level of assistance on the Project as indicated in
Exhibit A.
5.2 While on County's premises in connection with the performance of this Agreement,
Contractor personnel will comply with the County's applicable rules with respect to
security, conduct and other matters concerning access to County's premises. Such
rules may require in some cases background checks and escorts for Contractor
and subcontractor personnel. On notice from the County, Contractor will remove
immediately any of its personnel assigned to perform work under this Agreement
who do not comply with such rules.
5.3 Unless otherwise requested in writing by the County, that portion of the Project
work to be done on County premises by Contractor and its subcontractors will be
performed between the hours of 7 a.m. and 6 p.m. on Business Days.
SECTION 6 - CHANGES
6.1 The parties acknowledge that additions, deletions, and modifications to the
Products and Services specified under this Agreement may be required in the
manner set forth in this Section.
6.2 No such change, whether major or minor, shall be binding, and Contractor shall
not proceed with any change, unless the change is confirmed in writing and
formally executed by the Authorized Representatives of both Contractor and the
County as set forth on page 1 of this Agreement.
6.3 Minor Changes may be made by the mutual written agreement of the Authorized
Representatives of Contractor and the County without the necessity of a formal
propos.al and estimates. Minor Changes are those having a price less than the
maximum amount for Minor Changes as specified in item C(5) of page 1 of this
Agreement, generally involve the adding of Products or Services which were not
included in Exhibits A or B, and require immediate implementation to ensure that
the Project is not delayed. Minor Changes will be funded from a pool reserve in the
amount specified in item C(4) of page 1 of this Agreement. Once that fund is
depleted, this Minor Change procedure will no longer be available. If the reserve is
not entirely depleted during the Project, the balance- will, at the County's option
following completion or termination of the Project, either be credited to other work
Contractor"is performing for the County or be returned to the County.
6.4 For any change which does not qualify as a Minor Change, the party seeking the
change shall inform the other in writing of the details of the contemplated change
and any requested terms concerning the change. For a change of this type
requested by Contractor and involving additional or deleted Services, Contractor
shall include a written proposal containing the cost of the additional or deleted
Services involved in the change, and any impacts upon price, delivery schedule, or
other terms. For a change of this type requested by the County, Contractor shall
4
respond with such a proposal within five Business Days after receipt of a written
request for the change. Changes involving only the addition or deletion of Products
can be made pursuant to the provisions of Section 6.2 without the necessity of a
formal proposal and shall result in an adjustment of the Project price in item C(3)
of page 1 hereof according to the pricing set forth in Exhibits Band C.
SECTION 7 - RIGHTS IN SOFTWARE AND DOCUMENTATION
7.1 All software from third parties to be provided by Contractor hereunder will be
licensed to the County pursuant to the terms and conditions of the license
agreements provided by the publishers of such software.
7.2 Custom software, if any, developed for the County hereunder will be subject to the
requirements in Exhibit A.
7.3 All documentation required to be developed for the County pursuant to Exhibit A
(Documentation) will not be based on Contractor Confidential Information, unless
there is a compelling need and the County agrees in writing. The County shall own
all such Documentation delivered hereunder except for (a) Documentation
Contractor can demonstrate was previously developed by or for Contractor and is
not in the public domain; or (b) Documentation identified in writing by Contractor
and proved to the County's reasonable satisfaction as being developed solely with
Contractor resources.
7.4 With respect to Documentation, which is deemed to belong to Contractor,
Contractor grants the County a non-exclusive, royalty-free license to use and copy
any such Documentation for its own internal use. The County shall have the right
to disclose such Documentation to successor vendors, contractors, or computer
hardware or software maintenance organizations, provided such entities (a) have
a need to know such information for the purposes of modifying, maintaining, or
enhancing the County's equipment or software, and (b) agree not to use such
information except with respect to work for the County. Such Documentation will
not otherwise be disclosed outside County government without the advance
written consent of Contractor, which shall not be unreasonably withheld or
delayed.
SECTION 8 - RISK OF LOSS
Risk of loss or damage for the Products shall pass to the County when the Project is
accepted by the County pursuant to the provisions of Exhibit D.
SECTION 9 .. INFRINGEMENT PROTECTION
9.1 All royalties or other charges for any patent, copyright, trademark, trade secret, or
other proprietary right to be used in the Project shall be considered as included in
the price for the Project. Contractor shall defend, indemnify, and hold the County
harmless against any and all liabilities, judgments, costs, damages, and expenses
including reasonable attorney's fees resulting from a claim or suit against the
5
County for alleged infringement of any patent, copyright, trademark, trade secret,
royalty or license agreement, or other proprietary right arising out of the use by the
County of the Products or Documentation for the purposes intended hereunder. As
a condition of such indemnification, the County shall promptly inform Contractor of
any such claim or suit, allow Contractor or its suppliers to control the defense
against such suit, and cooperate, at Contractor's expense, in the defense against
such suit, provided however, that in no event shall Contractor make any admission
of guilt or liability on behalf of County without County's prior written consent.
9.2 If the County's use of any portion of the Products or Documentation is enjoined by
a court of competent jurisdiction, Contractor shall at its option and expense and
within 60 days of the enjoinment:
9.2.1 (a)Procure for the County the right to use such infringing portion;
9.2.2 (b) Replace such infringing portion with a non-infringing portion providing
equivalent functionality; or
9.2.3 (c) Modify the infringing portion so as to eliminate the infringement while
providing equivalent functionality.
9.3 Contractor may delegate its responsibilities under Sections 9.1 and 9.2 to the
manufacturer of the allegedly infringing Product, provided Contractor has received
the advance written consent of the County. Such consent will not be unreasonably
withheld or delayed.
SECTION 10 - INDEMNIFICATION AND INSURANCE
Contractor shall comply with, and require its subcontractors to comply with, the terms
and conditions of Exhibit G related to indemnity and insurance.
SECTION 11 - WARRANTIES AND MAINTENANCE
....
11.1 Products to be provided by Contractor hereunder will be subject to the warranties,
if any of the manufacturers or suppliers of such Products. Contractor will en,sure
that such warranties are transferred to the County.
11.2 Contractor represents and warrants to the County that, upon payment of the
purchase price specified in this Agreement, the County will have good title to each
of the Products, free and clear of all liens, encumbrances, and claims.
11.3 Contractor represents and warrants to the County, that at the time of installation,
the software Products will be free of programming that is intentionally and
specifically constructed for the purpose of destroying, interrupting, or otherwise
adversely affecting the software Product's code or other code or data in a
computer, such as by replicating itself or another program many times without any
useful purpose.
6
11.4 Contractor warrants to the County that the Services to be performed by it and its
subcontractors hereunder (a) will be performed in a competent manner by
qualified personnel in conformance with industry standards, and (b) will conform to
the performance and acceptance criteria set forth in Exhibit D. This warranty shall
remain in effect during the time the Project is being worked on by Contractor and
shall continue in force until 180 days after final acceptance of the Project. In order
to qualify for remedial action under this warranty, the County must report a
warranty failure to Contractor in writing within the warranty period. Contractor shall
not be responsible for remedial action under this warranty to the extent the failure
to meet the warranty is caused by modification to the Products by the County or
anyone other than Contractor or its subcontractors, unless under Contractor's or
its subcontractors' direction.
11.5 As Contractor's sole obligation, and the County's exclusive remedy, for failure to
meet the warranty in Section 11.4, Contractor will use commercially reasonable
efforts to correct the failure, provided the County makes available to Contractor
information concerning the failure. If Contractor is unable, by using reasonable
efforts, to correct the failure within a reasonable period of time, Contractor will
refund to the County an equitable portion of the amounts paid by the County
based on the proportion of the Project affected by the failure and the severity of
the failure with respect to the objectives of the Project.
11.6 NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WILL APPLY.
SECTION 12 - DELAYS
12.1 Contractor acknowledges that, should completion of the Project be delayed
beyond the date for attainment of the final milestone stated in Exhibit C, the
County will suffer damages equal to the amount set forth in item C(6) of page I of
this Agreement. Accordingly, except to the extent such delay is excused under
Section" 12.2, Contractor shall pay to the County the amount of damages set forth
in item C(6) for delay of attainment of such final milestone.
12.2 Except for the failure to make payments when due; neither party will be liable to
the other party by reason of any failure in performance of this Agreement if the
failure arises out of acts of God, acts of the other party, acts of non-County
governmental authority, fires, strikes, delays in transportation, riots or war, or any
cause beyond the reasonable control of that party. If any such event delays
performance, the time allowed for such performance will be extended an amount
of time equal to the period of such delay.
12.3 If performance under this Agreement is postponed or extended pursuant to
Section 12.2 for longer than 60 days for a reason other than the acts of the
County, then the County may, upon written notice to Contractor given during the
postponement or extension, terminate this Agreement. In such case, Contractor
shall be paid in accordance with Section 15.2.
7
SECTION 13 - TERMINATION FOR CONVENIENCE
13.1 The County may terminate this Agreement for convenience by providing
Contractor 30 days advance written notice of such termination. Such notice may
direct Contractor to stop work immediately on some portion or the entire Project
and may direct Contractor to continue work until the termination date on other
portions of the Project.
13.2 In the event of termination under this Section 13.0, the County's total payment to
Contractor shall be determined in accordance with Section 15.2.
SECTION 14 - TERMINATION FOR CAUSE
14.1 It is expressly agreed that this Agreement shall be fully discharged only by the
. completion of all work and obligations contracted for, or with the written consent of
the County.
14.2 If Contractor fails -to begin work on the Project in a timely manner, fails to meet a
milestone in Exhibit C by 15 or more days, or fails to carry out or breaches its
obligations hereunder (and such failure or breach is not excused by Section 12.2),
the County may terminate this Agreement by giving written notice of intent to
terminate to Contractor. If Contractor has not completely cured its breach within 30
days of the receipt of such notice, then the County may terminate this Agreement
upon the delivery of a written notice of termination to Contractor.
14.3 In the event of termination under this Section, the County may, at its option, return
any or all copies of Documentation to Contractor which was the subject of the
breach. The County's total payment to Contractor subsequent to termination shall
be determined in accordance with Sections 15.2 and 15.3.
SECTION 1-5 - EFFECT OF TERMINATION
15.1 After receipt of notice of termination, Contractor shall (a) comply with the .
instructions of the County with respect to stopping or continuing work until the
termination date; (b) place no further orders or subcontracts for Products or third-
party Services, except as otherwise directed by the County; (c) terminate all orders
for Products and subcontracts to the extent they relate to the performance of work
terminated by the notice of termination; (d) return Products to their suppliers, if
requested py the County and permitted by such suppliers, (e) deliver the
Documentation and any custom software to the County in the form it is then in and
not subject to the delivery acceptance criteria in Exhibit D, and (f) return to the
County all County Confidential Information, along with all copies and notes made
therefrom and a certificate signed by Contractor's Authorized Representative
evidencing compliance with this provision.
15.2 After termination pursuant to Section 13 or 14, the County shall pay Contractor an
amount equal to the sum of the following, less any amounts previously paid to
Contractor and any additional amounts which the County is entitled to withhold
8
pursuant to Section 15.3:
15.2.1 (a) The amount due Contractor for completion by Contractor of the
latest Project milestone set forth on Exhibit C, as such amount may be
adjusted as provided herein due to the addition or deletion of Products or
Services.
15.2.2 (b) An amount for Contractor's and its subcontractors' labor utilized
on the Project since completion of that last completed milestone, billed at
Contractor's and its subcontractors' rates as set forth in Exhibit B.
Contractor shall submit a claim for such amount and shall permit the
County access to all backup documents which relate to such claim. The
County shall have the right to disallow from such claim any
unauthorized, excessive, or defective labor.
15.2.3 (c) The unpaid balance due for unreturned Products delivered to
the County and fees for noncancellable (or noncancelled by the County)
third-party Services authorized by the County prior to the effective date
of termination. to the extent such Products and Services are not covered
by Section 15.2(a).
15.2.4 (d) The price to the County permitted under Exhibit B for Products
in Contractor's possession which were delivered to Contractor for the
Project in the ordinary course of performance of this Agreement and
which are not returnable to the supplier (or which the County indicates in
writing that it wants); any costs that Contractor must pay due to Project
cancellation as a result of loss of quantity discounts for Products used
solely in the Project.
15.3 If this Agreement is terminated for cause pursuant to Section 14. then the County
shall be entitled to deduct the following amounts from any monies to be paid
Contractor pursuant to Section 15.2:
....
15.3.1 (a) A credit for Documentation returned to Contractor pursuant to
Section 14.3. with such credit equal to the amount paid to Contractor for
such Documentation prior to termination.
15.3.2 (b) An amount equal to the direct damages the County can prove it
suffered as a result of breach of this Agreement by Contractor. such as
the reasonable costs of having problems created by Contractor
corrected by a third party.
15.4 Sections 7. 8, 9. 10, 11, 11.1, 11.3. 11.4, 16, and 17.1 shall survive termination of
this Agreement.
SECTION 16 - LIMITATION OF LIABILITY
16.1 EXCEPT FOR THE COUNTY'S PAYMENT OBLIGATIONS HEREUNDER. THE
COUNTY SHALL HAVE NO LIABILITY TO CONTRACTOR OR ITS
9
...._~____n,
SUBCONTRACTOR'S FOR ANY BREACH OR TERMINATION OF THIS
AGREEMENT.
16.2 EXCEPT FOR WILLFUL AND INTENTIONAL ACTS, AND EXCEPT AS
OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE
LIABLE TO THE OTHER PARTY FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS OR SAVINGS, LOSS OF USE OF SERVICES, COST OF
CAPITAL, COST OF SUBSTITUTE SERVICES, DOWNTIME COSTS, OR
DAMAGES AND EXPENSES ARISING OUT OF THIRD PARTY CLAIMS.
SECTION 17 - DISPUTES
17.1 Any dispute arising out of or relating to this Agreement, or breach thereof, shall be
first submitted to the senior management of each party for resolution. If the dispute
cannot be resolved within 30 days after such matter is referred to senior
management, then the dispute shall be submitted to binding arbitration in Contra
Costa County, California in accordance with the Commercial Arbitration Rules of
the American Arbitration Association ("AAA") then in effect and section 1283.05 of
the California Code of Civil Procedure. All discovery must be concluded within 60
days after the submission to arbitration. The decision of the arbitrator shall be final
and may be entered as judgment in any court of competent jurisdiction. The losing
party, as determined by the arbitrator, shall pay the administrative costs of
arbitration. Each party shall bear the cost of its own attorneys' fees, except that the
arbitrator shall have the discretion in appropriate circumstances to require the
losing party to pay all or a portion of the prevailing party's reasonable attorneys'
fees.
17.2 Except as provided in the Termination provisions herein, Contractor or its
Subcontractors shall not stop work on the Project, due to a dispute.
....
SECTION 18 - PUBLICITY
Prior to i.ssuing any press release concerning the Project or otherwise making a public
statement about the
Project, Contractor shall obtain the County's written approval of the content of such
press release or statement. Such approval will not be unreasonably withheld or delayed.
Contractor shall .impose this same requirement on its subcontractors.
SECTION 19 - NOTICES
Any notice under this Agreement will be in writing delivered by hand, by certified mail
(return receipt requested), or by other competent and reliable courier service (delivery
receipt retained), to the other party at the address indicated in item C(2) of page 1 of
this Agreement or to such other address as may be substituted by notice. Notice will be
effective on the date of receipt.
10
SECTION 20 - GENERAL PROVISIONS
20.1 In the performance of duties hereunder, Contractor shall comply, and shall require
its subcontractors to comply, with all applicable federal, state, and local laws,
rules, and regulations.
20.2 Neither party may assign this Agreement without the prior written consent of the
other party, which consent will not be unreasonably withheld; provided, however,
that Contractor may assign this Agreement without consent to a successor in
interest to all or substantially all of its stock or assets, provided such successor in
interest assumes all of Contractor's obligations under this Agreement.
20.3 If any part or parts of this Agreement are held to be invalid, the remaining parts of
this Agreement will continue to be valid and enforceable.
20.4 The headings in this Agreement are for reference purposes only; they will not
affect the meaning or construction of the terms of this Agreement.
20.5 The provisions of this Agreement are for the sole benefit of the parties, and not for
the benefit of any other persons or legal entities.
20.6 This Agreement may be executed by the parties in one or more counterparts, each
of which when so executed shall be an original. All such counterparts shall
constitute one and the same instrument.
20.7 Each of the parties to this Agreement represents and warrants that it has the
power and authority to enter into this Agreement and perform the action
contemplated hereunder, and this Agreement has been duly authorized and is the
valid binding and enforceable obligation of such parties.
20.8 This Agreement, including its referenced exhibits, contains the complete and
exclusive understanding of the parties with respect to the subject matter hereof.
Except for any terms or conditions of a Request for Quotes or Request for
Proposal that are included by reference in this Agreement, this Agreement '
supersedes and cancels the terms and conditions contained in any previous
Request for Quotes or Request for Proposals of the County, any prior Contractor
negotiations, proposals, or other submissions to the County by Contractor, and
any prior oral or written agreements or representations between County and
Contractor concerning the Project. No waiver, alteration, or modification of any of
the provisions hereof will be binding unless in writing and signed by a duly
authorized representative of the party to be bound. Neither the course of conduct
between the parties nor trade usage will act to modify or alter the provisions of this
Agreement.
20.9 This Agreement is entered into and to be performed in the State of California and
shall be governed and construed under the laws of the State of California.
11
Exhibit A
Statement of Work
A.1 Understanding of Contra Costa County is leading a consortium of public
Project agencies and departments in a program to procure various
digital map layers. These layers will cover the full extent of
the county, an area of approximately 750 square miles.
Orthophoto imagery, topographic contour lines and point
elevations, and terrain models are the primary data layers
to be produced.
The collection of street centerline data is as an option for
this project and is listed as an additional cost Optional
Task within this Scope of Work.
The project is designed to meet two levels of accuracy.
Data in the urban areas defined in Appendix C, will be
developed at a scale of 1 "=200' scale accuracy with 10'
contours and ~' pixels. The area defined in Appendix C as
outside the Urban Limit Line will have a scale of 1"=400'
scale accuracy with 10' contours and l' pixels. All
photography will be in black and white.
Preparation of these data layers will be designed to
produce general use bas~ mapping and provide a
geographic framework for a wide variety of individual GIS
projects including, but not limited to, watershed mOdeling &
analysis, environmental & resource studies, capital
improvements inventories, emergency services, facilities
management and others.
A.2 Management and HJW will provide dedicated and experienced management,
Project Approach administration, and support staff to ensure successful
completion of the Project. HJW support shall include the
following functions and services:
Administrative Control HJW will maintain schedule, budget, and cost information
appropriate to the successful management of the contract
on program status and planned activities. This information
includes an ongoing analysis of cost and schedule
A-1
variances.
Implementation Schedule HJW and the County shall perform their duties and
responsibilities hereunder in accordance with the schedule
provided in Appendix A - Project Schedule. HJW and the
County acknowledge that prompt performance of all
services hereunder is required. Each party will use its best
efforts to meet such deadlines and shall give the other
party prompt notice of any anticipated delays in meeting
such deadlines.
Reviews, Reports, and During the term of the Project, HJW will conduct a project
Meetings status review with the County approximately every two
weeks or as otherwise agreed. These reviews will include
a discussion on the status of the Project, including details
on technical issues, schedules, problems and potential
problems, and recommended solutions to such problems.
In connection with such meetings, HJW will draft a report
covering the foregoing topics and give it to the County in
advance of the meeting. In addition, HJW will attend (not
to exceed five )such other technical and programming
meetings and produce such reports concerning the Project
as requested by the County.
Project Task Overview Brief descriptions of project tasks are given below. They
point to the execution of a series of tasks tailored to the
Counties requirements, with options for additional support.
The tasks are organized by major milestone such as
Project Kickoff, Ground Control, Aerial Photograpt)y, and
Pilot Project.
The first task will be a one-day Project Kickoff and
Coordination Meeting. At the meeting, the County and the
project team will jointly identify any missing information or
clarifications need to plan and schedule the ground control
and flight. Special attention will be paid to reviewing the
project plan, schedule, and pilot deliverables.
Placing Ground Control will come next. HJW survey crews
will place ground control using GPS surveying techniques
to place control in the field for the aerial flight. This ground
control will be supplemented with Picture 10's.
A-2
. ,
..
Upon completion of the ground control effort, Aerial
Photography Collection can proceed. Special care will be
take to assure appropriate flight times and the weather
window for completion of the collection of photography
during a single window of time.
Aerotriangulation will come next. HJW will perform a
routine Photogrammetric procedure called analytical
aerotriangulation to establish additional control points to
density the targeted ground control and check ground
control measurements.
Upon completion of the Aerotriangulation effort,
Compilation can proceed. This task involves two
processes; the generation of the DTM and Contours, and
then the editing and the data for clarification, accuracy,
indexing, and labeling.
Upon completion of the Compilation effort, Orthophoto
Production can begin. If softcopy photogrammetry has not
been used for the data collection, scanning of the aerial
film will now take place. Following scanning, all of the data
will then be compiled and digital orthophotos will be
produced.
The contours, map editing, and resultant orthophotos will
be developed first for a Pilot Project area before total
project area production begins.
HJW will work with the County to develop a Testing and
Acceptance Letter, which will be used to verity the
completeness and accuracy of the Pilot Project Area data
before total project production begins. This letter will also
be used for acceptance of the completed project.
The County would like the option of street centerline data
being captured during the Compilation task. This data
capture is defined in Optional Task 1 - Additional
Planimetric Data Capture, and should be listed as an
additional cost, optional task in this Scope of Work.
Each of the tasks defined here is detailed in greater length
in Section A.3.
A-3
A.2 Project Assumptions To develop this Scope of Work, a number of assumptions
and Understandings have been made. If any of these assumptions are
incorrect, or if the County decides to include any options
mentioned, a modification to project cost estimates and
schedule projection may be required.
What follows is a list of HJW's assumptions:
· The County has performed an initial needs
assessment and defined the scope of the
Countywide Digital Orthophotography (DOP)
project.
· The County will work with HJW to coordinate and
facilitate the DOP project
· The County will work with HJW to define the Pilot
Project Area, review the. flight plan, and perform
testing and acceptance on a timely basis.
· The County uses MicroStation GeoGraphies as
their GIS and Oracle RDBMS as the GIS database.
What follows is a list of the Counties understandings:
· The anticipated schedule calls for aerial
photography to be flown in May 2000 with project
completion by the end of the year.
· A pilot database area has been tentatively defined
as the City of Martinez and an area to include at
least 4 complete tiles. The term "pilof is applied
only to conveniently refer to a geographic area for
which all data sources will be initially available,
tested, documented, evaluated and used to
approve the final project specification.
· The County will supply MicroStation (.dgn) seed
files establishing the Global Origin and Working
Units for the project.
A-4
· All data layers are to meet or exceed National Map
Accuracy Standards as defined by the Federal
Highway Administration.
· Survey Datum
Horizontal: California Coordinate System,
Zone 3, NAD83 (HPGN 1992)
Vertical: North American Vertical Datum of
1988 (NA VD88)
· All units are to be based upon the U.S. Survey Foot.
· HJW will provide the County with an Orthophoto
Project Status Grid updated on a weekly basis.
· HJW will market and deliver County Data on the
web through GeoXplorer, an HJW partner firm, as
outlined in A.3 Delivery Format, Media &
Distribution.
· HJW is responsible for the orderly management of
all County documents and data resources provided
to HJW for this project, and for the safe return of all
County documents and data resources at the
completion of the project.
· HJW shall produce and deliver to the County for
review and approval complete, metadata for each
layer of information in accordance with FGQC/ISO
standards. The standards are available at the
following web address:
http://www.fgdc.gov/metadata/metadata.html.
Metadata shall be provided in digital format along
with all data deliveries as well as in hard copy form
to each project participant.
· All project documentation will be provided to the
County in digital Microsoft Word 97 format, as well
hard copy format.
· All database and attribute information will be
provided to the County in .dbf format, as well hard
copy format.
A-5
· All spreadsheet information will be provided to the
County in digital Microsoft Excel format, as well
hard copy format.
· All project documentation deliverables will include
an Acceptance Letter for the County to approve the
deliverable
· All map products are to be delivered on CD-ROM.
HJW will administer the distribution of data to
members of the consortium. Hardcopy map sheets
are not required as final products for the County,
but should be included as part of the pilot project
deliverables.
A.3 Delivery Format, Media & Distribution
~QYrQ~'.
Digital
Ortho hotos
Planameteric
Data
:;(=Qrmal
GeoTIFF
DGN
Sca.le
1 "=200
1"=400
1"=200
1 "=400
M.edia
CD-ROM
Content$
Orthophoto
Notes
None
CD-ROM
Elevation
points, DTM,
contour lines
Ground survey
& AT control
oints
None
Su rvey Control
DGN
1 "=200
1 "=400
None
Table 1 - Table of Deliverables
CAD Files
All CAD files must be based on the SEED FILE
provided to HJW by the County. This file defines
the Global Origin and Working Units for the
County and the project.
Image Flies
All Digital Orthophotography will be in the
A-6
'.
GeoTIFF format with industry standard
compression. Image viewers must be compatible
with MicroStation, MapGuide, and Inter/Intranet
browsers.
CD-ROM
All CD-ROMs must be created using the Joliet
ISO 9660 Format. DVD format should be
available, as an option for data distribution, but is
not a requirement for the County.
Sample Plots
Sample contact prints, plots of the planameteric
data, and of the digital orthophotos should be
provided as part of the pilot project only , not the
entire county project. This data will be used to
help verify compliance with the Technical
Specification and provide a set of working
documents for the County and HJW to finalize
the specification for the completion of the project.
All hard copy plots shall, as a minimum, contain
the following information:
· Date of Photography
· Scale of Photography
· Scale of hard copy plot
· UTM grid Zone
· Mapping Datum ego North American
Datum 1988
· Pixel size used to generate the plot
· Sheet or Area name or number
· Key map showing a three by three matrix
of the current sheet and its surrounding
sheet names
· Logo and name of the County
Data Distribution
Orthophotography shall be provided on CD-ROM
in GeoTIFF or MrSID format. Imagery shall be
tiled according to a mutually agreed upon tiling
scheme.
A-7
Planimetric data shall be provided on CD-ROM in
MicroStation DGN format, Autocad DWG, or
ArcView shapefile format as requested.
Metadata shall be provided on the delivered
media in Adobe Acrobat format along with the
appropriate Acrobat reader software.
A free raster image viewer shall also be provided
with the media to support the recommended
MrSID format.
The Integration Services group at GlobeXplorer
will provide web-based hosting of Contra Costa
Counties large spatially-referenced image and
vector databases, and also develop custom client
applications to access and analyze the data.
Potential applications may include:
. Simple web-based browsing of imagery
. Overlay of vector data including street
centerlines and parcel boundaries
. Integration of raster imagery with assessor
parcel databases for parcel location
. Generation of buffers around parcels and
mailing lists of affected parcels
. Selection of image content for distribution
and sale
Access to the data and the applications will be
internal (Intranet) or external (Internet).
The Integration Services team will work with a
variety of technology, including ESRI's ArclMS
and the GlobeXplorer Image Server. This
distribution process will be developed under a
separate project and will involve a requirements
definition phase, development of a prototype,
followed by full-scale development,
implementation, and training.
A.4 Task Descriptions Digital Orthophoto specifications have been
formulated and outlined to promote a consistent
A-a
digital image product. Any and all alternative
processes that are not outlined in the following
specifications, and would promote a higher
quality orthophoto product, are encouraged. All
Tasks and deliverable products at a minimum
must comply with the following standards.
HJW recommends formatting and managing the
OOP project through a series of specific tasks.
Each is central to the creation of an dataset that
will benefit the various users it is designed to
serve. The tasks for this project are:
1. Project Kickoff and Coordination
Meeting
2. Placing Ground Control
3. Aerial Photography Collection
4. Aerotriangulation
5. Compilation
6. Orthophoto Production
7. Pilot Project
8. Optional Task 1 - Additional
Planameteric Layer
The work program for each of these tasks is
described below, with a brief description of the
task, definition of HJW and the County
responsibilities, and identification of the resulting
deliverables.
Task 1: Project Kickoff and The goal of the Project Kickoff and Coordination
Coordination Meeting Meeting is for the County and the HJW project
team to jointly identify any missing information or
clarifications needed initiate the work plan
starting with scheduling the ground control and
flight. Special attention will be paid to reviewing
the project plan, schedule, and pilot and project
deliverables. This is also an opportunity for the
County to identify if they wish to include the
additional layer defined in Optional Task 1.
County Responsibilities .
Participation of the representatives of the
A-9
County Mapping, Computer Services,
Surveying, and other participating
departments in a Project Kickoff Meeting
at the County Public Works office.
.
Facilities for meeting.
HJW Deliverables .
Participation of the key project personnel
in a Project Kickoff Meeting at the County
Public Works office.
.
Agenda and final Scope of Work
Document for the meeting attendees
Provide County with comments and notes
from meeting documenting any concerns
or issues with planned data set, pilot area
or schedule.
.
Task 2: Placing Ground Control Horizontal ground control for the project will
leverage existing control and comply with any
established GPS method. Any additional ground
control necessary to complete the digital orthos
must have as a basis the State Plane Coordinate
System, NAD 83 datum.
Vertical control will be derived from GPS
methodology.
,.
Softcopy aerotriangulation can be used, if
necessary, to density ground control. It should
only be used in areas where existing
remonumented GPS values do not exist.
Auto-correlation cannot be used to generate the
DTM.
All ground control must incorporate photo
identifiable locations or be targeted. The County
and HJW will determine any additional ground
control jointly.
Geodetic Control and Monumentation
A-10
. .
Photoscale HN VOnlv Existinq Total
Urban I A) 1-12000 30 N/A ? 30
Rural ( B) 1-24000 15 N/A ? 15
Pre Survey Meeting
HJW will provide at the Project Kickoff Meeting,
an outline for the survey. This will constitute as
pre surveying meeting to discuss the various
aspects of the GPS and ground survey.
Monument Setting or Recovery
HJW will assign Temporary Control
Monuments and Ground Control Numbers and
prepare a map for the County showing the
numbering system. HJW will also prepare a
GPS Obstruction Diagram and Monument
Recovery Record to describe the monument
location, This record should also include a
sketch of the location.
GPS Survey
Based on the outlined GSP survey plan and
the project schedule, HJW will to the best of
their ability perform a calibrated GSP survey
for ground control. HJW surveyors will prepare
a field data worksheet for each GPS
observation.
Data Processing
HJW will perform baseline processing and
check the accuracy of the baseline
measurements. If accuracy requirements are
not met, it will be re-measured.
County Responsibilities .
Participation of the representatives of
the County Mapping, Computer
Services, Surveying, and other
participating departments in a Project
Kickoff Meeti~g at the County public
Works office to review the survey outline
pan and discuss the survey process for
A-11
any clarifications.
HJW Deliverables .
Survey Filed Notebooks and
Computations.
.
Control Diagram on Photo Index
.
Monument Field Data Sheets
Task 3: Aerial Photography The key to the accuracy of a digital
Collection orthophotography project is creating the
highest quality aerial photographs, a process
entailing the strictest attention to details about
everything from weather to flight plans,
cameras to film. The Aerial Photography will
conform to the following standards:
. Flight Planning: Aerial camera
specifications and an accepted flight plan
must be submitted before acquisition of the
aerial photography. New, black and white
aerial photography must be obtained on
consecutive clear calendar days, under
favorable weather conditions when the sun
angle is 30 degrees or greater, in the spring
of 2000. At no time can the angle of the sun
exceed 45 degrees.
. Weather Monitoring: The aerial
photography must be taken when the sky is
clear; the ground and water bodies are free
of fog, snow, ice, haze, smoke, dust and
cloud shadows; and if possible, deciduous
trees are barren.
. Altitude: All photography must be taken
from a maximum altitude of approximately
12,000 feet.
. Aerial Film Capture: The resulting photo
scale must be 1"=1200' and 1"=2000' or as
agreed between the County and HJW.
A-12
· Crab: A not-to-exceed amount of three
degrees
· Endlap: 60 percent
· Sidelap: 30 percent
· Tilt: A not-to-exceed amount of three
degrees
· Aerial film inspection: All film will be
inspected for dust, hair, and other foreign
bodies before scanning or further
processing.
Orthophoto Requirements
Photoscale Mapscale Pixel Contour
scale interval
Urban TA) 1-12000 1-200 %' 10'
Rural TS) 1-24000 1-400 l' 10'
QAlQC
· Any aerial photography that does not meet the
defined specifications must be corrected at no cost
to the County.
· All reflights must coincide with accepted
specifications and flight plans.
County Responsibilities . Review the flight plan and provide comments if
required.
HJW Deliverables . Digital Index mosaic of entire project at the end of
the project
. Flight line plan.
. Aerial film negative.
. Scanning diapositives
. Negatives & diapositives will be stored at HJW
for safekeeping.
A-13
Task 4: Aerotriangulation HJW will perform a routine photogrammeteric
procedure called analytical aerotriangulation to
establish additional control points to density the
targeted ground control and check ground control
measurements.
HJW Deliverable .
Aerotriangulation reports
.
Diapositives used in preparation of the analytical
Aerotriangulation will be stored at HJW for
safekeeping.
Task 5: Compilation Terrain models are to be designed for use as source
data to various terrain modeling software packages.
The terrain models are to be used for analytical studies
such as slope analysis, watershed delineation,
viewshed studies, and others applications
Digital Terrain Model (DTM)
Terrain models will be comprised of three
dimensionallinework representing slope breaks,
ridgelines, drains, ground profiles, vertical faultlines
and other topographic features and mass point
elevations. The terrain model features shall support
generating new contours, which closely follow the
topographic contours allowing for variation due to
specific digital terrain modeling software, and minor
cartographic editing performed on the conto~rs.
. Terrain model source data of high quality:
. Intersecting lines should be avoided where possible
or shall cross at exactly the same elevation and
have nodes at the point of intersection
. The DTM must contain a combination of break lines
and spot elevations. Elevations must be collected at
all high spots, low spots, topographic saddles and
large flat surfaces.
. Break lines must be captured on road centerlines,
hydrology features and abrupt changes in terrain.
A-14
· The DTM, with an appropriate software tool, must
support the generation of a 1 a-foot contour interval.
· Contour files compiled from the DTM, are a
deliverable under this project.
Topographic Contours and Point Elevations
Contours and point elevations are to be designed for
plotting map sheets and other means of visually
interpreting the terrain. Contours are to be provided
tiled into individual files as per the County and HJW
titling scheme. The elevation of index contours are to
be annotated. Point elevations are to be placed on the
map where contours are further than two inches apart
and at appropriate depressions and crowns. The
appearance of topographic contour lines, index contour
annotation and point elevations are to conform to
standard cartographic standards.
The topographic data layers should be of high quality:
· Perfect edgematch of contours crossing tile
boundaries.
· Portions of index contours crossing through ""
elevation annotation are to be clipped and moved to
a reserved layer.
· Contours shall e ~d ~ap scale beyond the ~
the county boun~
· Spot Elevation points
HJW Deliverables .
Breaklines and mass points will be delivered in
MicroStation format as 3D Iinestrings, points,
and polylines.
A-15
. No plots will be delivered as a part of this task.
Task 6: Orthophoto In this task, following scanning, HJW will compile all of
Production the data and digital orthophotos will be produced.
. A digital scanner will be used to create the
orthophoto image files.
. All photographic scanning will be done at a rate of
no greater than 10 microns (2400 dots per inch) and
support a pixel resolution of ~'.
. The orthophotos will be separated into tiles and
supplied in a standard GeoTIFF format.
. Positional accuracy will be verified with any and all
ground control information.
. Each digital orthophoto will be checked for
consistent gray tones, density, contrast, and
brightness qualities.
. The orthos will be "edge matched" and "feathered"
to support a consistent seamless countywide
image.
. The join line between the images in use shall be
defined as a polyline. This line shall be chosen so
as to minimize the obtrusiveness of the join itself. If
feathering is used along the join line, it shall not
result in any noticeable image degradation such as
image blurring or double imagery.
. Any digital ortho that does not meet these criteria
will be rejected and corrected at no cost to the
County.
. All images shall be accompanied by an ASCII report
file, see Appendix B for example, indicating the
coordinates of the four corners of the raster file, the
pixel size in ground units, and the rotation matrix
A-16
values used to orient the image to allow for geo-
referencing of the image in other image processing,
CAD, or GIS programs.
· HJW will follow the level numbering scheme
provided previously by the County and utilize levels
42,46, 51,52, 53, 59, 60, 61, and 62 only for this
effort.
Quality Control Standards
· Seam lines or edge matches will not be visible
when viewed or plotted at scales up to 1"-100'
· Bridges, elevated roadways, freeway
overpasses/underpasses, railways, and other
dramatic grade separations will maintain their
natural shape
· Exhibit good grayscale tone balance within an
individual image and good tone match between
adjacent images and throughout the study area
· Smears and other blemishes will not be visible
when viewed or plotted at scales up to 1"-100'
· Images including portions which extend beyond the
county boundary will be a full tile
· County staff will randomly sample selected products
to ensure that the deliverables are in compliance
with any and all specifications.
· Digital ortho photos will be joined during mosaicking
using the "seam-lines, mosaic-lines, or ground-
stitching method at ground level. This is to eliminate
issues where tiles cut through a building or structure
such that they leave a distortion of any significance
HJW Deliverables .
Digital Ortho Raster Image Files.
A-17
.
Task 7: Pilot Project The County desires to conduct a pilot study to insure
the consultant's proposed technical approach will
produce map products that meet the County's
expectations. The consultant will be authorized to
establish the necessary survey ground control, conduct
the aerial photo mission, and process the contact
prints. The County will select a pilot study area and the
consultant will produce all deliverables for this area
only. The County will evaluate the deliverables before
further work -is authorized.
All pilot deliverables must be provided in a format
acceptable to and usable by, the County.
The pilot project is meant to meet the following
objectives:
. Execute and validate all procedures
. Evaluate and choose from varied alternatives
. Evaluate and improve required deliverables
. Evaluate and improve layouts, features, etc.
HJW Deliverables Pilot Project Deliverables will include, at a minimum,
the following items:
. The digital orthophoto files in GeoTIFF format on
CD-ROM
. The digital terrain models used to generate the
orthophotos
. The spot elevation files in MicroStation format
. Flight line plan.
. Scanning diapositives
. Aerial film negative and diapositives will be
stored at HJW for safekeeping.
. HJW will provide an acceptance letter to proceed
based on pilot acceptance
A-18
.'
Task 9: Optional Task 1 - For this task, HJW will provide the County with an
Additional Planameteric estimate and project impact schedule for the collection
Layer of street centerline data either during compilation or
following project completion.
It is not the desire of the County to impact the
Countywide Digital Orthophoto Project, for the
collection of this additional data.
A digital road centerline vector file generated from each
digital terrain model
· All road centerline features must be captured during
stereo compilation and can not be digitized from the
completed digital orthos
· Centerlines collected in the Urban Area will be 200
scale accuracy( + or - 5') and those in the
Undeveloped Area would be 400 scale accuracy(+
or - 10'). The only attribute will be the street name
HJW Deliverable .
The cost for this task is $93,000.00.
A-19
...
.8
E
~
z
.
.--.......~...
-
CQ
i}
l!l 0
au
-SO
.
1:)
CD
0'
~
a..
~
.c
Q.
o
~
o
~
c
::s
o
()
S
en
o
()
f!
-
c
o
()
~
.,
10
S
..
.
~
III
:E
--
~
oj
Q
III
1
f
I
2- j
... l5 i
0 lJ
...
0 t
-= c: '3
c. j t 0 ~
0 8' I! I
-= :S t
1: i i 0:::: g' ~
410 F :s j 8 4) 't:I t J
f o! w ~
i~ :IE ~ Q. B
! A. i III III 8 ~
z c:: ~ '6. a: :E i C/)
~ = f S :2
~8 Ji ~
:.:: (l) 0 a:
om m 1m 1m 1m I!l m 1m m I!l m
e.... N C') . II) co .... co CJ) 0 .... N CO') . II) co .... co CJ) ~
..... .... .... .... .... .... .... .... .... ....
.
12 ~
l!?
Q ~ III
2 E
n. II) E
Q. ~ :;,
::> ~ C/)
't:I ~
.9!
0 ~ 0-
...
a:: n.
- <>
~ i!!! i
III
if! Q. =
en :E 4)
Q
~ Q. Q. Q. III
III ~ ~ ~ n.
E ~ ] 't:I
E '8 ~
:;, 0 0
C/) a:: a:: a::
- .
~ ~ ! j
! ~ ~ ~
s~
~~
~
~ ..
l~
~
Appendix B
Exhibit A-Statement of Work
Sample ASCII Report Format
IMAGE REPORT FOR FILE: 0507.92H
XY
Based on Design File Centroid of : 2143483.648 7443483.648
ORIGIN (Upper Left corner of Pixel): 702528.625 5487566.375
ORIGIN (Centre of Pixel) : 702529.000 5487565.000
NUMBER OF ROWS: 16095
NUMBER OF COLUMNS: 20427
NUMBER OF PIXELS: 328772565
PIXEL SIZE: 0.75000000
SCANLINE ORIENTATION: Row-Major Upper Left Origin
ROTATION (Degrees counter-clockwise positive X-axis): 0.000000000
IMAGE EXTENTS
UPPER LEFT (X Y) UPPER RIGHT (X Y)
702528.625 5487566.375 ----- Edge of Pixels ----- 717848.875 5487566.375
702529.000 5487566.000 ---- Centre of Pixels ---- 717848.500 5487566.000
LOWER LEFT (X Y) LOWER RIGHT (X Y)
702529.000 5475495.500 ----- Centre of Pixels ----717848.500 5475495.500
702528.6255475495.125 ----- Edge of Pixels ----- 717848.8755475495.125
~.
Appendix B -1
.. .
~
.c:~
~o
ii:3:
'- -
.E 0
-
~ai
== E
CD ~
u ca
c:(j)
e I
~<
~:6
CD .-
......s:::.
C\:I x
uW
CI)
)-
.J
Z
o
W
t-
U<I:
~
xl-l
....J-
0(1)
ZW
W...I
G.<r
0.0::
<rW
Z
W
0,,_
n:
o
lL
~~
all
!iU
a.
U!
,,"':
",t:;
...
i.
M'
..
""
.
~
I
()
x
:a
c:
Q)
a..
a..
<
,..
.'
EXHIBIT B
PRICING FOR ADDITIONAL DELIVERABLE ITEMS
Labor Charges
This section will provide a labor estimate for each milestone identified in Exhibit C1.
Other- Costs
Other costs must be identified, itemized, and submitted for approval by the
Contractor to the County before accrual. The County will not be held liable for costs
not approved as a part of the project. For example: Should HJW have a need to
purchase additional and specialized software specifically for the County project,
these costs must be accessed and approved by the County before the purchase of
the software. Said software would then become a deliverable component of the
project.
Best Pricing
Contractor represents and warrants that the license, maintenance,
training, consulting, data-conversion, and other fees listed herein and the
prices charged for the hardware are the most favorable fees and prices
Contractor offers to its customers. The best pricing provisions of this
Section shall also apply to future purchases of software licenses,
maintenance, training, data-conversion services, hardware and other
services and products purchased by the County from Contractor.
Expenses
Contractor's costs and expenses of telephone, travel to the County's office,
and other offices, per dium, and travel expenses are to be included in the
rates listed above and are not reimbursable.
Exhibit 8 - 1
. ,
.
EXHIBIT C
PROJECT MILESTONES
AND SPECIAL PAYMENT PROVISIONS
DRAFT
The primary project schedule is to be defined and maintained by the Contractor
as a part of the Scope of Work. What follows are a list of County defined Project
Milestones, which will identify benchmarks for testing, deliverables, and
approvals for payment.
Milestone
Project Kickoff
Milestone 1
Milestone 2
Milestone 3
Milestone 4
Milestone 5
Milestone 6
Task Completion Date
4/25/00
Panel Targets 5/3/00
Aerial Photography 5/10/00
GPS Survey 5/26/00
Aerotriangulation 6/30/00
Delivery of Pilot 6/19/00
Compilation 10/2100
DTM Collection 10/2100
Map Editing 10/16/00
Ortho Production 11/6/00
Scanning 7/10/00
Ortho Photo Processing 11/6100
Acceptance Testing 11/6/00
Centerline Collection 11/17/00
Project Completion 11/17/00
Budget
$30,000.00
$15,000.00
$28,000.00
$11,000.00
$100,000.00
$100,000.00
$33,000.00
$50,000.00
$20,000.00
$20,000.00
$93,000.00
$55,000.00
Exhibit C - 1
.
"
EXHIBIT D
PERFORMANCE AND ACCEPTANCE
CRITERIA
Testinq and Acceptance.
The Contractor is required to provide, as part of the Contractors Scope of Work,
a Test and Acceptance Letter. This document will be provided to the County
Project Manager for signature by a County Administrator to signify acceptance of
the pilot and final project area. This letter is to be signed by both the County and
the Contractor.
The Contractor's acceptance-testing letter must include the following subjects at
a minimum:
Section 1.0, Introduction, describes the purpose and contents of the process.
Section 2.0, Testing Overview, contains a description of each requirement.
Section 3.0, Section outlining any errors or revisions required to proceed with
the final orthophoto process.
At the conclusion of each of the tests described above, the County must fill out
the Observation Report and promptly inform Contractor in writing if the Project
has passed, or failed to pass, the acceptance testing process. If the Project does
not pass all aspects of the test, the County shall provide the Contractor detailed
information with documented examples concerning the failure to pass the test. If
within 15 days after receipt of such written notice, Contractor is not able to
remedy the cause of the failure to pass the test, then the County shall have the
right to return the Project to Contractor, within 90 days after the date of such
written notice to Contractor, for a full refund of the price paid by the County for
the Project.
Exhibit E - 1
.~
EXHIBIT E
INDEMNITY AND INSURANCE
CONTRA COSTA COUNTY
CONTRACTUAL TERMS AND CONDITIONS
1 Indemnity
The Contractor shall indemnify, defend, save and hold harmless the Contra
Costa County (hereinafter "County") its officers, agents and employees from any
and all claims, costs and liability for any damages, sickness, death, or injury to
person(s) or property, including without limitation all consequential damages,
from any negligent cause whatsoever arising directly or indirectly from or
connected with the operations or services of the Contractor or its agents,
servants, employees or subcontractors, hereunder, save and except claims or
litigation arising through the sole negligence or sole willful misconduct of the
County or its officers or employees. Contractor will reimburse the County for any
expenditures, including reasonable attorneys' fees, the County may make by
reason of the matters that are the subject of this indemnification, and if requested
by the County will defend any claims or litigation to which this indemnification
provision applies at the sole cost and expense of the Contractor.
2 Insurance
During the entire term of this Contract and any extension or modification thereof,
the Contractor shall keep in effect insurance policies meeting the folloyving
insurance requirements unless otherwise expressed in the Special Conditions.
a. Liability Insurance. The Contractor shall provide comprehensive liability
insurance, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage if $500,000 for all
dam~ges, including consequential damages, due to bodily injury,
sickness, or disease, or death to any person or damage to or destruction
of property, including the loss use thereof, arising form each occurrence.
Such insurance should be endorsed to include the County and its offices
and employees as additional insureds as to all services performed by
Contractor under this Agreement. Said policies shall constitute primary
insurance as to the County, the State and Federal Governments, and their
officers, agents, and employees, so that other insurance policies held by
Exhibit E - 2
".
them or their self-insurance program(s) shall not be required to contribute
to any loss covered under the Contractor's insurance policy or policies.
b. Workers Compensation. The Contractor shall provide workers'
compensation insurance coverage for its employees.
c. Certificate of Insurance. The Contractor shall provide the County with
(a) certificate(s) of insurance evidencing liability and worker's
compensation insurance as required herein no later than the effective date
of this Contract. If the Contractor should renew the insurance policy(ies) or
acquire either a new insurance policy(ies) or amend the coverage afforded
through an endorsement to the policy at any time during the term of this
Contract, the Contractor shall provide (a) current certificate(s) of
insurance.
d. Additional Insurance Provisions. The insurance policies provided by the
Contractor shall include a provision for thirty (30) days written notice to
County before cancellation or material changes of the above-specified
coverage.
G:IGrpData\Coo1lSvcIAOMIN\2000\03\Orthocontract Exhibits.doc
Exhibit E - 3
..
....
Q)
.0 ~
E
Q)
>
0
z
~ ~
CD CD
t:: .0
l'll 0 ~
:J 0
a 0
.J:: ~
~
I-- - - -
....
Q)
.0
E
Q)
C.
Q)
en
-
Ui
:J
Ol
:J
<(
-
- ~
(.) >.
G) l'll "S
'- :J ....,
0 a
.... "E I
a. C')
0 - - en I
....
- (0
0
s::. Q) .
c.. C
0 :J
....,
s::.
~ ::::::::::
0 - ....
~ ~ ~ ~ :!.0: Q)
Ol
:!.0: :::::::::: ~ .::::::::; l'll
l: >. ll.
::J l'll ~ iE: I0l. ~ ;;0
0 :E
0 ..... ..... [ill ~
it; it; [
co . EJ ..... I
- - ~
l/J ..... EJ
.....
0 ~ ~
0 :c . c:::J .....
l'll
co :J C.
.... a <(
- "0
l: C
0 N
0
0
a;
0)
Ol
l'll
C
-~
'0
.n
Q)
C
't:
.!l
C
~
C Ol C Ol
C C
'" 0 c 'iij 0 c Iii
Q 'U 0 (/) u 0 B
..... ~ ~
Q >. ~ ~ >. ~
..c C 0 C 0 e
c.. "0 .J:: C 0 ::l e ~ "0 .l!l .J:: C 0 ::l
3l a. .!2 t5 () '0 ll. Q) >. a. .2 ~ () '0 ll.
Q f! Ol 0 Q) Q) e Q) f! Ol e
..c u Iii ~ u C ... .9 .~ () ~ Q) Iii ~ u :S .9
Cl :s a.. ~ Cl 'C a..
..... e 0 ;:l Cl 0 Qj 0 - l'll 0 Qj Cl 0
J. 0 >. :i c: CIl '0 0 c: .J:: ... c: I- :J 0 :i c: '0 0 c: .J::
CIl 0 a.. - CIl 0 () E 'c 0 a.. 0 en - 0 () E 'c
0 Cl W - c. 0 Cl w '0 c.
E 0 s::. ~ c: ;:: :E 'c a. 0 c: 0 - ~ (.) Qi C/) s::. c: ;:: :E 'c c. c: 0
... ~ s::. ~ .!2 c: 111 ~ s::. ~ of:
l'll ..... - a.. ::l 111 I- 111 l'll a. of: "0 111 ll. a.. I- l'll l'll a.
z CIl fI) 1: a. a: ii: CIl c: 1: a. a: 0
c u c;; - 0 :E 0 C/) 0 .E ::l ll. (!) c;; - 0 :E 0 C/)
-" = fI) e E s::. 0 E s::.
(/) Q ~ 'c a.. 1:: '0 e 'c ... 1::
l'll ~ ~ 0 ~ ~ 0
I- U Z C) (.) 0 z C) (.) 0
Q ..... N C') "<t" Il) CD ..... co 0> 0 ..... N C') "<t" Il) CD ..... 00 0> 0 ..... N C') "<t" Il) CD
..... ...... ...... ...... ...... ...... .... ...... ...... ...... N N N N N N N
..
..
j..,
EXHIBIT C
OPERATIONS HANDBOOK
- Product Sales -
Contra Costa County Aerial Photography Project
Hammon, Jensen, Wallen & Associates will administer the commercial sale of various
products consisting of aerial photography, computerized maps, and other geographic
data owned by the Participants. The ordering, sale, archiving, and accounting of
products sold under the Agreement is done according to this operations Handbook.
Consultant maintains no ownership in the data used to produce the products and acts
only as an agent to the Participants.
Ordering:
Orders for products will be made by use of order forms prepared by Consultant, as
approved by the Participants. Order forms will list set costs for all data products such
as controlled aerial photography, orthophotos, and contour maps, and associated
standard pricing, terms, and conditions. A tile index will be provided and all products
will be sold based on a per sheet basis. Per tile prices will include a charge that is
proportional to the original cost of the project, plus an administrative cost for production
of the deliverable media. Customers will specify the tile(s) desired and which mapping
products they would like to acquire.
Consultant will keep an archive of all data and film products on site. When an order is
received, the appropriate data sets will be transferred to delivery media and/or the
hardcopy products will be generated. The products will be delivered to the customer,
along with an invoice. A copy of the invoice and delivery transmittal, along with the
appropriate revenues received from the order will be sent to the County and be
proportionately distributed to each Participant quarterly by the County.
Orders will be received by Consultant by mail, fax, or in person. Telephone orders will
not be accepted. Orders will be given a tracking number and a copy of the order will be
sent to the County within five (5) working days. The order form will be signed by a
representative of the purchaser stating acceptance of all terms and conditions of the
sale.
Restrictions:
Resales will carry the same conditions as those governing the Participants. Purchaser
may use the product only within their company or agency. They may not sell or
otherwise distribute the product to third parties except to third parties who, in their
capacity of consultant to the purchaser, require the product in the commission of work
for the purchaser.
...
..
Product will carry a release of responsibility by purchaser to Consultant and Participants
to warranties and suitability of the product for use.
Archives:
At no additional cost to Participants, Consultant will maintain a product archive of all
negatives and electronic data from which products will be generated. Consultant will
maintain an inventory of products. In the event of termination of the Agreement,
Consultant shall deliver the archival material to the Contra Costa County on behalf of
the Participants.
Production:
All products will be produced in a professional manner and to quality standards
consistent with the industry. Electronic data will be delivered on media and in formats
as defined in the Scope of Work.
Consultant may, but is not required to, produce custom products from the archive.
Custom products include, but are not limited to, special formats or media.
Consultant will endeavor to fill all orders in five (5) working days. It is understood some
operations necessary for completing an order may require the services of one or more
su bcontractors.
Orders requiring more than five (5) working days to ship will be acknowledged in writing
and by telephone or email to the County or Customer, and the County customer will
receive an estimated delivery date.
Orders will carry the notation "Prepared for Contra Costa County Aerial Photography
Project by Hammon, Jensen, Wallen & Associates."
Orders will be sent directly to the customer. Shipment will be by UPS standard unless
otherwise requested by customer.
Promotion:
Consultant will have no responsibility for promoting the products or providing
information other than that contained in the order form. However, Consultant may, from
time to time, promote or otherwise advertise the availability of the products for
commercial sale. Promotions shall carry the names of the Participants.
Printed materials promoting the commercial sale of the products will be submitted to the
Participants for approval prior to distribution.
Refunds:
Refunds will be made at the sole discretion of the Consultant based on satisfaction that
the request is legitimate and the product had not been used or copied. Refunds must
be requested within fifteen (15) working days from shipment.
",.
..
Pricing, Payment, and Accounting:
A pricing schedule of all products will be provided to the Participants for approval. The
pricing will include the Consultant's production and administrative costs which will
include an agreed upon profit. The remainder of the pricing will belong to the
Participants, and upon sale of product will be distributed in accordance with the terms of
the Agreement.
Cities that are participants in the Clean Water Program can receive digital data products
within their city limits for the cost of the consultant's production and administrative costs.
There will be no additional charge for the data.
Shipping and handling costs will be added to all orders.
Applicable sales tax will be added to all orders.
Payment will be made within forty-five (45) days.
Accounting will be on a cash basis upon collection of account. Each Participant will
receive a monthly statement of activity by the 15th of the following month accompanied
by their share of the revenue earned. Accounting will list purchaser name, products
ordered, schedule price, shipping, handling, sales tax, additional administrative costs,
and any other fees.
Packaging:
Products shall bear the notation "prepared for the Contra Costa County Aerial
Photography Project by Hammon, Jensen, Wallen & Associates". Consultant may use
unique corporate (e.g. Hammon, Jense, Wallen & Asociates, Inc.; HJW, Pacific Aerial
surveys; et. al.) identification on packaging, correspondence, and related materials.
PM:gpp:mw:ek
eklute:\20oo\PwrctS\Di9ital Orthophoto\Project Management\Contract Documents\Operations Handbook.doc
IiRV1bn111'1_ ,oom:
o
~
o
~~
~~
o (])
S
(])
o ~
-~ "" 1\
, cO "-MJ
.t= <
on
· ',,- ~
Q
-
00
c (])
~
0 ~ cd
::s 00
~ 0 0
0 u ~
~ 0
,..= u ~
ro .~
~ ~ b ~
00
0 ~ 0 00 8
00 OJ .~
~ ~ U 0 Q
bI) 0
(]) ~ cd ~
cd 0 0
S ~ ~ ~ ~
0 OJ Q
~ ~ ;;> ~
(]) 00
0 ~ 0 0 (])
, I (]) U cd U ;;>
cd ~ u
~ .~ ~ 0
~ OJ) ~ OJ) u OJ u
.~ .~ .~ 8 OJ
OJ) < .~ ""0 ~ ~
~ .~
.~ ""0 00 ~ ~
Q .~ 00
OJ OJ Q OJ 0
;;> ~ ~
.~ u
.~ cd OJ 0
td ~
~ ~ ["- cd
OJ d)
~ ""0 ~ ~ .~
OJ a ~
~ Q 00 ~
r- OJ
0 lr) ~
0 (]) 0 N 0
U > U fA ~
. . . . .
o
~
o
~
o E
~ Q)
o 5
I Q)
'C\J ~
~ bJ}
.So <
.~
Q
00 ~
~ ~
o bI)
~ 8
Co) ~
· ,....c ~
~ Q)
~ ~
~ ~
.0 a
S Q)
o ~
U U
~
S ~
00 0
rJ:J. 0 U r\
.+-J U ~
a ro ~ r:/'J
p..~1::~
.0 0 UO U
.~ U
~ I I
~ I
.
~
Co)
· ,....c
~
~
00
· ,....c
Q
~
~
· ,....c
a
r.FJ.
Q)
00
~
o
~
o
~
~
< 00 0
~ rfl Q)
~
rn ~ ~ 0
0
Q) 0 ~ ,..Q
rJ'J ~ '"'0 ~
~
~ cd ~ 00
~ ro 8 ~
~ "'0
C) ..... ~
0 ~ ~ ~ ~ 0
~ bJ) Q) Q) ~
.~ ~
0 0 rfJ ;> "'0
,.d ~ Q) 0 0
~ "'0 ~ ~
~ 0 "'0 ~ ~
..... C)
.~ (]) (1) rfJ
0 ~ ~ .~ :::s
~ u r:JJ.
~ ~ cd 0
rf:J ~ ~ ~
~ ~ u C)
0 ~ '"'0 cd rf:J ~
0 (]) a ~ r-
.~
~ ~ ~ ~
~ ~
.~ U
I "'0 .~ ~ "'-""
, ~ ~ u
~ ~ ~ ,..Q 0
~ 0 8 (]) u ~
.~ u S ~ ~
00 ~ Q) ~
"'0 c.S (]) 00
S f-1 ~ .~
.~ ~ 00
Q (]) ~ ~ (])
~ bJ) C) C) 0 s ~
~ ;> E
~ .~ (]) 0 u ~
~ ~ .~ u
u a ~ ~ a .~
(1) u ~ ..D 0
~ 0 s ~
~ ~ <
u ~ ~ ~
~
. . . . . .
;~~ .. '0*
~ ~
~, ~~
q.~" ;l ~
" ~
1
~,
\
,\
~
~\
,
I
,
,
,
Ii
~ i
!. 1;
~l
.
,
.
,
1" II
""- ~
'_~---__
,.-
"
~,
, .
"
~~
~~J J _Ad ,,"'"
. ~ ~..~"
~ ~ ..,~~
~, 'J~
~ '
n
i
1-
!I It
~~ ~ i t'
;I
II Ii
:O~ 0 ~ ~~
...... '" - "
- ~'\.
Ie.
o
~
o
~
~
o
~
o
,.....-4
~
~
.~
bJ)
.~
Q
~
~
Q)
s
Q)
Q)
~
bJ)
<
rJ'J
cB
~ 0
~ ,.d
o ~
u 8
~ .~
~ ~
rJ'J ~
o ~
U ~
cd (1)
~ ~
~ ~
~ 0
8c.8
~~
~
.~ .....
~ .~ ~
(1) ~ ~
;> rJ'J 0
.~ .~ ~
~ Q ~
~ (1) 0
(1) ~ u
~o~
o ,.d
8~~
~
rJl
o
U
rJ'J
(1)
~
~
rJ'J
o
M
,..-l
"-"
~
u
.~
~
rJ'J
.~
Q
(1)
B a
~ a c
o \J C1.)
U ~ rJ'J ;>
(1)~O 8
st-t2 ~
. ~,..-l "-"
~ ..... ~ ~
(1) rJ'J U en
~~ (1) 8
O.~.o~o~
~ S ~ 0 cd
~ Q) A-1 0 ...0
00 ~ ~ ",,;' ~
..... cd cd '-" (1)
lr)~ ~\O ~
rA~~~~
~
rJ'J
(1)
~
.~
s
o
~
o
,.d
~
8
o
~
. . . .
.
.