HomeMy WebLinkAboutMINUTES - 08072001 - C.30 TO: BOARD OF SUPERVISORS, AS.THE GOVERNING BOARD OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: August 7, 2001
SUBJECT: APPROVE.and AUTHORIZE the Chief Engineer to execute, on behalf of the Contra
Costa Clean Water Program, a Joint Exercise of Powers Agreement between the
Contra Costa County Flood Control and Water Conservation District and the City of
Pittsburg, to fund a Golf Course Special Study in the amount of $200,000 effective
June 18, 2001 through December 31, 2003, Pittsburg area. (Stormwater Utility Fee
Assessments) Project No.: 0929-6X7098
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chief Engineer to execute, on behalf of the Contra Costa Clean
Water Program, a Joint Exercise of Powers Agreement between the Contra Costa County Flood
Control and Water Conservation District and the City of Pittsburg, to fund a Golf Course Special
Study in the amount of$200,000 effective June 18, 2001 through December 31, 2003, Pittsburg
area. (Stormwater Utility Fee Assessments) Project No.: 0929-6X7098
II. FINANCIAL IMPACT:
The cost is estimated to be $200,000 and shall be funded by stormwater utility fee assessments
collected by the cities and county proportioned to their respective"d ulations.
Continued on Attachment: X Signature:o/t-"
Li,(�d�,�5rL�,
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON August 7 , 2001 APPROVED AS RECOMMENDED xx
OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action
XX— UNANIMOUS (ABSENT ) taken and entered on the minutes of the Board of Supervisors
AYES: NOES: on the date shown.
ABSENT: ABSTAIN:
DF:kh ATTESTED: August 7 ,200 1
G:\GrpData\NPDES\BO_Res_Contracts_Agmt\Pittsburg John Sweeten, Clerk of the Board of Supervisors and County
Golf Course Study\Pittsburg BO 08 07 01.doc Administrator
Orig Div: Public Works(NPDES)
Contact: Donald P.Freitas(925)313-2373
cc: Auditor—Contract Division
PW-Accounting By Deputy
SUBJECT: APPROVE and AUTHORIZE the Chief Engineer to execute, on behalf of the
Contra Costa Clean Water Program, a Joint Exercise of Powers Agreement
between the Contra Costa County Flood Control and Water Conservation
District and the City of Pittsburg, to fund a Golf Course Special Study in the
amount of $200,000 effective June 18, 2001 through December 31, 2003,
Pittsburg area. (Stormwater Utility Fee Assessments) Project No.: 0929-
6X7098
DATE: August 7, 2001
PAGE: 2
III. Reasons for Recommendations and Background:
The United States Environmental Protection Agency issued the National Pollutant
Discharge Elimination System (NPDES) Regulations for stormwater discharges on
November 16, 1990 requiring Contra Costa County, nineteen (19) of its incorporated
cities and the Contra Costa County Flood Control and Water Conservation District to
implement their Joint Municipal NPDES permit for stormwater discharges issued by the
San Francisco Bay and Central Valley Regional Water Quality Control Boards. The
Permits seek to significantly reduce or eliminate all pollutants from entering the waters of
the San Francisco Bay- Delta Region.
The Contra Costa Clean Water Program Management Committee manages the Clean
Water Program. The Committee is made up of representatives of each of the nineteen
(19) cities, the County, and the Flood Control District. An important requirement of the
Joint Municipal NPDES permit is to develop best management practices(BMPs)related
to stormwater pollution prevention and to determine their effectiveness in reducing
pollutants from entering the stormdrain system. The golf course special study is
designed to evaluate the use of organic-based fertilizers as a BMP to reduce nutrients
and pesticides from entering the stormdrain system from golf courses in Contra Costa
County.
IV. Consequences of Negative Action:
If the consulting services agreement with the City of Pittsburg is not approved, then all
municipalities will be in non-compliance with their Joint Municipal NPDES permits issued
by the San Francisco Bay and Central Valley Regional Water Quality Control Boards.
Potentially,fines totaling $10,000 per day and$10 per gallon of stormwater discharge for
all affected entities could be imposed.
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
AND CITY OF PITTSBURG
FOR
A Golf Course Special Study
1. Parties:
Effective June 18, 2001, the CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT, a political subdivision of the State of
California, hereinafter referred to as"DISTRICT,"and the CITY OF PITTSBURG, a
municipal corporation, hereinafter referred to as "CITY," pursuant to Government
Code Section 6500 and following, mutually agree and promise as follows:
2. Purpose and Scope of Work:
CITY is conducting a special study project, hereinafter referred as "PROJECT," to
evaluate the use of organic-based fertilizers as a best management practice(BMP)
to reduce nutrients from entering surface waters from golf courses in Contra Costa
County. The study was approved by the twenty-one public agencies of the Contra
Costa Clean Water Program, which includes nineteen cities, Contra Costa County,
and DISTRICT, and will be funded by stormwater utility assessments levied by
DISTRICT. The purpose of this Agreement is to apportion PROJECT duties and
costs between CITY and DISTRICT.
3. Methods:
CITY shall perform the following activities:
A. Act as lead agency and comply with all environmental requirements following
the California Environmental Quality Act.
B. Obtain all necessary permits for PROJECT.
C. Retain a qualified consultant approved by DISTRICT to conduct PROJECT.
D. Perform all necessary supervision and contract administration to ensure that
PROJECT work complies with this Agreement.
1
E. Maintain PROJECT records and document PROJECT expenses.
F. Bill DISTRICT for PROJECT tasks described in Exhibit "A."
G. Prepare and deliver to DISTRICT a written report of all receipts and
disbursements.
DISTRICT shall perform the following activities:
A. Act as a responsible agency pursuant to the California Environmental Quality
Act.
B. Consult with CITY, as necessary,to enable PROJECT work to be completed
properly.
C. Reimburse CITY for PROJECT tasks described in Exhibit "A."
4. Changes in Proiect Work:
PROJECT work shall comply with acceptable engineering practices and shall
include all of the tasks set forth in Exhibit"A."Any changes in PROJECT work shall
require the prior, written approval of DISTRICT.
5. Financial Responsibilities:
A. DISTRICT shall reimburse CITY for all costs of PROJECT work, including
reasonable compensation for necessary review and contract administration
performed by CITY, as well as for all costs of any changes or extra work
requested or approved in writing by DISTRICT. Following all payments of the
PROJECT, CITY shall submit to DISTRICT a request for expense
reimbursement, including breakdown of costs, detailed in Exhibit °A".
PROJECT task breakdown and the maximum costs that DISTRICT shall pay
for the entire PROJECT are set forth in attached Exhibit "A."
B. Within one hundred twenty (120) days of the last contract payment of the
PROJECT, CITY shall deliver a report of PROJECT expenditures to
DISTRICT with a bill for the additional amount owed to CITY due to any
approved change orders. Payment for the amount owed to CITY, if any,
shall be made no later than forty-five (45) days after the date of billing by
CITY.
6. Insurance and Hold Harmless:
A. The contract documents for PROJECT shall include provisions requiring the
consultant to: (1) obtain and maintain in full force and effect during
2
PROJECT work, workers' compensation, public liability and property
damage insurance, in forms and limits of liability satisfactory to CITY and
DISTRICT, naming CITY and DISTRICT, their governing bodies, officers,
agents, and employees as additional insured; and (2) defend, indemnify,
save, and hold harmless DISTRICT, its governing body, officers, agents,
and employees from liability. The aforementioned insurance policy shall
contain an endorsement that the insurance afforded thereby to the
additional insureds shall be primary insurance to the full limits of the policy,
and consultant shall submit to CITY and DISTRICT a certificate of insurance
evidencing the required coverages and requiring the carrier to give at least
30 days written notice to CITY and DISTRICT of any cancellation, non-
renewal, or material modification of the policy. CITY shall be responsible for
ensuring that this requirement has been met before allowing PROJECT
work to proceed.
B. Neither DISTRICT nor any officer, agent, or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by CITY in connection with any work delegated to
CITY under this AGREEMENT,and CITY shall defend, indemnify, save,and
hold harmless DISTRICT, its governing body, officers, agents, . and
employees from the same.
C. Nothing in this AGREEMENT is intended or shall be construed to affect the
legal liability of either party,to third parties by imposing any standard of care
greater than that imposed by law.
7. Restrictions:
Pursuant to Government Code Section 6509, the powers of the parties under this
AGREEMENT shall be subject to the restrictions on such powers applicable to
DISTRICT.
8. Accountability:
As required by Government Code Section 6505, both parties to this
AGREEMENT shall provide a report providing strict accountability of all funds
received and disbursed for PROJECT, which shall occur commensurate with
final payment as set forth in Section 5B.
9. Agreement Modification:
This AGREEMENT shall be subject to modification only with the prior, written
consent of CITY and DISTRICT. Neither party shall unreasonably withhold its
consent to the implementation and accomplishment of the overall purpose for which
this AGREEMENT is made.
3
10. Agreement Expiration:
This AGREEMENT shall expire upon delivery of the final report of receipts and
disbursements and payment of all funds specified herein, or on December 31"
2003, whichever is sooner, except for the provisions of Section 6.13. which shall
survive expiration of this AGREEMENT.
11. Entire Agreement:
This AGREEMENT contains the entire understanding of the parties relating to the
subject matter of this AGREEMENT. Any representation or promise of the parties
relating to the work shall not be used enforceable unless it is contained in this
AGREEMENT or in a subsequent written modification of this AGREEMENT
executed by the legislative bodies of both parties.
4
CONTRA COSTA COUNTY CITY OF PITTSBURG
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
By: By:
Chair, Ward of Sup isors Willis A. Casey, C&Manager
C
ATTEST: By:
John R. Sweeten, Clerk of& Board
of Supervisors and County ATTEST:
Administrator Lillian J. Pride, City Clerk
RECOMMENDED FOR APPROVAL
By:
(--*,,
Maurice M. Shiu, Chief Engineer
FORM APPROVED:
Linda Daube, City Attorney
By:
Deputy Chief Engineer
By:
FORM APPROVED:
Silvano Marchesi, County Counsel
Y
Deputy i, �a�
G:\GrpData\NPDES\BO_Res_Contracts_Agmt\JEPAWEPA Golf Course Blandenship.doc
Orig.Date:03/97
Rev.Date:7/10/01
5
July 19, 2001
State of California
County of Contra Costa
City of Pittsburg
1, Alice E. Evenson, Deputy City Clerk in and for said City Council, City of Pittsburg,
County of Contra Costa, State of California, do hereby certify that the hereto attached and
foregoing document is a full, true and correct copy of the City Council Resolution No. 01-
9430, on file in this office of said City. This Resolution was adopted at a regular meeting
of the City Council of the City of Pittsburg on July 16, 2001.
WITNESS, my hand, and Official
Seal this 19th day of July, 2001.
Alice E. Evenson
Deputy City Clerk `
EXHIBIT "A" .
Golf Course Special Study
CONSULTANT AGREEMENT
THIS AGREEMENT is made and entered into on June 18, 2001 by the CITY OF PITTSBURG, a
municipal corporation,hereinafter referred to as "City" and Blankinship & Associates,Inc. of Davis,
California, a professional agricultural, environmental, science and engineering consulting firm,
hereinafter referred to as "Consultant".
Witnesseth:
WHEREAS, City has need of professional consulting and analytical services related to a Special Study in
cooperation with the Contra Costa County Clean Water Program, which the City is a co-permittee, on the
use of organic-based fertilizers as a best management practice (BMP)to reduce the nutrient load entering
surface waters from golf courses in Contra Costa County;
WHEREAS, City shall be reimbursed for this Special Study though a "Joint Exercise of Powers
Agreement between Contra Costa County Flood Control District and Water Conservation District and the
City of Pittsburg";
WHEREAS, Consultant is willing and qualified to provide such services in connection with the City
project;
NOW, THEREFORE, City and Consultant, for the considerations hereinafter named, agree as follows:
Section 1. Control of the Work
1.1 Authority of Director of Public Services
City vests authority in the Director of Public Services of the City of Pittsburg who will be
responsible on behalf of City on questions of quality, acceptability and rate of progress of
services provided by Consultant.
1.2 Assignment.
Performance of the services pursuant hereto shall not be assigned except upon the prior written
consent of the Director of Public Services.
1.3 Consultant Not An Agent_
Except as City may specify in writing, Consultant shall have no authority, expressed or implied,
to act on behalf of City in any capacity whatsoever as an agent.
1.4 Subcontracts
Consultant shall give its sufficient attention to the fulfillment of this Agreement and shall keep
the work under its control. Consultant shall be fully responsible to the City for the acts and
omissions of its employees and subcontractors and of persons either directly or indirectly
employed by them.
CCCWP Special Golf Study
June 2001
1
Consultant shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind subcontractors to Consultant by the terms of this Agreement insofar as applicable
to the work of subcontractors.
1.5 Standard of Performance.
Consultant shall perform services consistent with the level of care and skill ordinarily exercised
by other professional consultants under similar circumstances at the same time services are
performed and to the reasonable satisfaction of the Director of Public Services. All work .
performed by Consultant shall be subject to reasonable review and approval of the Director of
Public Services or his authorized representative at all times.
Section 2. Scope of Work.
2.1 Scope of Work.
Subject to the terms and conditions pursuant hereto,the scope of work to be performed by
Consultant shall be in accordance with Consultant's Scope of Work and submitted Proposal,
attached as Exhibit"A"and incorporated herein by reference(the "Proposal").
The Special Study is designed in three phases as outlined in the Scope of Work. Phase One is
formally approved and funded by the Contra Costa Clean Water Program Management
Committee. Only upon their approval and funding authorization shall the execution of Phase
Two and Three be implemented. Should the Contra Costa Clean Water Program terminate the
Special Study, this Agreement shall terminate. Should the Contra Costa County Board of
Supervisors not approve the Joint Exercise of Powers Agreement between Contra Costa County
Flood Control District and Water Conservation District and the City of Pittsburg, this Agreement
shall terminate.
2.2 Change in Scope of Services.
Consultant shall perform no work for City beyond the scope of services described in the
Proposal without the Director of Public Services'prior written consent and the Contra Costa
Clean Water Program.
Should either City or Consultant determine that services beyond the scope of work described in
the Proposal are required, Consultant shall provide the City with a proposal for the services to be.
performed. The proposal shall describe the service, identify the deliverables, and include a price
quotation. The Director of Public Services may accept or reject any proposal.
Section 3. Legal Relations and Responsibilities
3.1. Notices.
Any notice given under this Agreement shall be in writing and deemed given on the date
personally delivered or two days after deposit in the U.S. mail with first class postage pre-paid
and addressed to the parties as follows:
CCCWP Special Golf Study
June 2001
2
City Consultant
John L. Fuller, Director of Public Services Mike Blankinship,President
City of Pittsburg Blankinship&Associates, Inc.
65 Civic Avenue 2940 Spafford Street, Suite 130
Pittsburg, California 94565 Davis, California 95616
3.2 Consultant.
Consultant is an independent contractor and is solely responsible for its acts or omissions.
3.3 Conflict of Interest.
Consultant presently has no interest and will not knowingly acquire any direct or indirect
interest that would conflict with its performance of this Agreement. During the time Consultant
provides services to the City, Consultant agrees not to participate in any activity, employment,
or contractual relationship that would constitute a conflict of interest with its.duties to the City or
to employ any such person having such an interest.
Consultant and its agents or employees working under this Agreement shall submit statements of
economic interest under the Political Reform Act(Government Code Section 81000 et seq.) if
requested to do so by City.
3.4 Covenant Against Contingent Fees.
Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working for Consultant,to solicit or secure this Agreement,that it has not
paid or agreed to pay any company or person,other than a bona fide employee, any fee,
commission,percentage,brokerage fee, gift or any other consideration, contingent upon or result-
ing from he award or making of this Agreement.
For breach or violation of this warranty, City shall have the right to annul this Agreement without
liability,or, at its sole discretion, deduct from Consultant's compensation, or otherwise recover,
the full amount of such fee, commission,percentage,brokerage fee, gift or contingent fee.
3.5 Ownership of Documents.
All documents furnished to Consultant by City and all documents, supportive data and project
deliverables prepared by Consultant under this Agreement are City's property and shall be given
to City at or before the completion of Consultant's services. City will have the right to use the
documents for any public purpose without compensating Consultant, other than as provided in
this Agreement. City use of the documents for purposes other than for which the Agreement has
been executed shall be at City's own risk.
3.6 Reject and Repurchase
City may reject any services furnished by Consultant'which fail to conform to the specifications
reflected in this Agreement or to the reasonable satisfaction of the Director of Public Services.
Any rejected services or project deliverables shall be immediately removed by Consultant,
without expense to City. Consultant shall replace all rejected services or project deliverables
with others conforming to the specifications of this Agreement at no additional cost to City.
CCCWP Special Golf Study
June 2001
3
Should Consultant fail,neglect or refuse to remove and replace rejected services or project
deliverables, City may purchase substitute services in the open market and deduct the cost of
such substitute services from any money due to Consultant.
This section does not limit City's rights and remedies in the event of a breach of contract.
3.7 Insurance Requirements.
Consultant shall not begin work under this Agreement until it obtains insurance required under
this section and shall maintain in full force and effect the required insurance during the term of
this Agreement. The insurance shall cover Consultant, its agents,representatives, employees
and subcontractors in connection with its operations under this Agreement. All insurance require-
ments shall appear either in the body of the insurance policies or as endorsements. The insurance
required under Subsections 1 (Automobile Insurance) and 3 (Public Liability and Property
Damage Insurance) of this Section 3.7 shall specifically name City,the Contra Costa County
Flood Control and Water Conservation District("District"), the District's Member Agencies and
their collective officers, officials, agents, employees and volunteers ("City,District,Member
Agencies and their employees") as additional insureds.
A copy of all policies or evidence thereof shall be furnished to the City at.least ten (10) days prior
to Consultant's commencement of services under this Agreement. All polices shall provide for
at least thirty(30) calendar days prior notice to City and District before coverage is suspended,
voided, canceled or reduced in coverage or in limits.
Consultant's Automobile and Public Liability and Property Damage Insurance is to be placed
with insurance companies with A.M. Best Co.'s rating of no less than A-VII. Any deductibles or
self-insured retention shall be declared to and approved by the City. Consultant's insurance
shall be primary with respect to City,District, Member Agencies and their employees. Any
failure by City,District,Member Agencies and their employees to comply with the reporting
provisions of the policy shall not affect coverage provided to City,District,Member Agencies
and their employees.
3.7.1 Automobile Insurance.
Consultant shall maintain minimum.automobile coverage of(a) One Hundred Thousand
Dollars($100,000) for property damage,Five Hundred Thousand Dollars($500,000) for
injury to one person/any one occurrence and One Million Dollars($1,000,000) for injury
to more than one person/any one occurrence or(b)combined single limit of One Million
Dollars($1,000,000)per occurrence.
3.7.2 Workers' Compensation Insurance.
Consultant shall obtain and maintain workers'compensation insurance as required by the
State Labor Code and Employer's Liability Insurance with limits in the amount of One
Million Dollars($1,000,000)per accident during the project work. The insurer shall
agree to waive all rights of subrogation against City, District, Member Agencies and their
employees for losses arising from work performed by Consultant for City.
CCCWP Special Golf Study
June 2001
4
3.7.3 Public Liability and Property Damage Insurance.
Consultant shall take out and maintain comprehensive general liability and property
damage insurance and shall insure City, the District,Member Agencies and their
employees from claims for damages for personal injury, including death, as well as from
claims for property damage which may arise from Consultant's negligent operations
under this Agreement, whether or not done by Consultant or by anyone directly or
indirectly employed by Consultant. Such insurance shall have a combined limit of not
less than One Million Dollars($1,000,000).
3.7.4 Errors and Omissions Insurance.
Consultant shall cause to be taken out and kept in full force and effect during the term of
this Agreement a policy in form and content satisfactory to City which will pay on behalf
of Consultant for claims related to errors and omissions or malpractice by Consultant.
Said policy or policies shall provide liability coverage in the amount of Five Hundred
Thousand Dollars ($500,000)per claim, and a deductible provision of not more than Fifty
Thousand Dollars ($50,000), and One Million Dollars($1,000,000) aggregate.
3.8 Indemnity.
Consultant agrees to indemnify and hold harmless the City,the District,the District's Member
Agencies, their collective councils,boards, officials, employees and agents (collectively
"Indemnitees") from and against any and all demands, claims, causes of action, liability, loss,
damage, costs, and expenses including without limitation reasonable costs and fees of litigation
(collectively"Claims")as follows. .
3.8.1 For Claims other than those arising out of Consultant's professional services, Consultant
shall defend, indemnify and hold harmless Indemnitees from and against any and all Claims to
the extent arising from or in any way connected or alleged to be connected with Consultant's
performance hereunder, and from any error or omission, willful misconduct, or negligence(active
or passive)by or alleged to be by Consultant, its employees, agents, or subconsultants, either as a
sole or contributory cause, sustained by any person or entity. The foregoing shall not apply to
claims or causes of action caused by the sole negligence of the City,the District,the District's
Member Agencies, their collective councils,boards, officials, employees, or agents.
3.8.2 For claims arising out of Consultant's professional services, Consultant shall indemnify and
hold harmless Indemnitees from and against any and all Claims to the extent arising from
Consultant's negligent performance hereunder(including any error or omission, willful
misconduct,or active or passive negligence)by Consultant, its employees, agents, or
subconsultants, either as a sole or contributory cause, sustained by any person or entity.
3.9 Testimony.
Consultant agrees to testify at City's request if litigation is brought against City in connection
with Consultant's services. Unless the action is brought by Consultant or is-based upon
Consultant's wrongdoing, City shall compensate Consultant for the testimony at Consultant's
standard hourly rates in Section 5.1.
CCCWP Special Goff Study
June 2001
5
3.10 Litiization.
If either party brings an action to enforce this Agreement,the prevailing party is entitled to
reasonable attorney's fees and costs. Prior to either party commencing litigation,the parties shall
mutually agree upon the mediator and shall equally divide the cost of mediation. If the parties are
unable to agree upon a mediator,the dispute shall be submitted to JAMS/ENDISPUTE or its
successor in interest("JAMS")and JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
3.11 Equal Employment Opportunity.
Consultant is an equal opportunity employer and agrees to comply with applicable regulations
governing equal employment opportunity.
3.12 Waivers.
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a
waiver of a subsequent breach of the same or any other provision under this Agreement.
3.13 Modification.
No waiver or modification of this Agreement is valid unless made in writing and signed by both
parties.
3.14 Severability.
If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder
of this Agreement shall remain in effect.
3.15 Entire Agreement.
This Agreement and it exhibits set forth the entire understanding between the parties.
3.16 Choice of Law.
This Agreement is governed by.and to be construed in accordance with the laws of the State of
California.
3.17 Headines.
Paragraph headings are used for reference purposes only and are not intended to describe,
interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions.
CCCWP Special Golf Study
June 2001
6
Section 4. Progress of Work.
4.1 Be ig_nning of Work.
Consultant shall commence work pursuant hereto upon receipt of this approved and signed
Agreement and Joint Exercise of Powers Agreement and shall diligently prosecute all work to
completion per the Scope of Work, the RFP,the Joint Exercise of Powers Agreement and this
Agreement.
4.2 Time of Completion.
Consultant shall complete all work in Phase One hereto within 90 calendar days from the date of
receipt of a signed Agreement. Completion of Phase Two and Three shall be determined upon
the recommendations by the Consultant,based on the completion of Phase One, and approval of
the City and Contra Costa Clean Water Program Management Committee.
4.3 Temporary Suspension of Work.
Should City suspend services under this Agreement through no fault of Consultant, and then
resume services, Consultant shall have the right to renegotiate the time of completion.
4.4 Termination
City reserves the right to terminate this Agreement at any time prior to completion of any of the
services upon ten (10) days written notice to Consultant of termination.or per Section 2.1 of this
Agreement.
In the event of termination, Consultant shall invoice City for the services completed prior to the
date of termination subject to the limitations of Sections 5.1 and 5.2 of this Agreement.
Section 5. Measurement and Payment.
5.1 Method of Measurement.
Compensation for services performed pursuant hereto shall.be on a time and materials basis.
Actual costs will be computed at the rates listed in the Consultant's "Cost Estimate"dated
1/4/2001 submitted with the RFP, attached as Exhibit`B"and incorporated herein by reference.
Phase One has been budgeted and approved at Thirty-five Thousand Dollars ($35,000). Phase
Two and Three have been budgeted at One Hundred Fifty Thousand ($150,000)and Fifteen
Thousand($15,000)respectively. Compensation for services for Phase Two and Three shall only
be approved upon budget and project approval by the City and the Contra Costa Clean Water
Program
Should City suspend work pursuant hereto through no fault of Consultant, and then resume
work, Consultant shall have the right to renegotiate fees,but only if the period of suspension
exceeds one hundred and twenty (120) calendar days.
5.2 Invoices.
Consultant shall provide City with invoices for all services provided. Invoices shall identify the
CCCWP Special Golf Study
June 2001
7
service performed in accordance with the scope of services outlined in the Proposal, the period of .
time during which the work was performed,the position(s) of the employee(s)performing the
work and the number of hours worked by each position.
Invoices shall be addressed to: City of Pittsburg
Public Services Department
65 Civic Avenue
Pittsburg, CA 94565-1518.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date written above.
CITY OF PITTSBURG BLANKINSHIP & ASSOCIATES,INC.
Willis A. Casey, &anager Michael S. lankinship,Pre i ent
ATTEST:
Lillian J. Pride, City Clerk
F APPR
Linda au e, Ci o
Attachment:Golf Course Special Study Scope of Work
CCCWP Special Golf Study
June 2001
8
State of California
County of Contra Costa
City of Pittsburg
I, Lillian J. Pride, City Clerk in and said for City Council, City of Pittsburg, County of
County of Contra Costa, State of California, do hereby certify that the hereto attached and
foregoing document is a full, true and correct copy of the City of Pittsburg City Council
Resolution No. 01- 6}4o1 on file in the office of said City.
WITNESS, my hand, and Official Seal
this eighteenth day of June, 2001.-
Lillian J. Pride, City Clerk_