HomeMy WebLinkAboutExhibit "A"Exhibit A
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
POST, BUCKLEY, SCHUH & JERNIGAN, Inc. D/B/A PBS&J
THIS AGREEMENT is entered into this 8th day of June, 2010, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Post, Buckley,
Schuh & Jernigan, Inc. (D/B/A PBS&J), a Consulting Engineering Firm (the "CONSULTANT")
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide Sewer
Billing / Tax Roll preparation and administration services for Fiscal Year 2010-2011.
WHEREAS, the CITY has determined that the CONSULTANT is an engineering
firm and is qualified by experience and ability to perform the services desired by the CITY, and
the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1.. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to
engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as
setforth in the attached .Exhibit "A"
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff
and City Council advised of the progress on the Project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the compensation
associated with said change in services.
3. PROJECT COORDINATION AND SUPERVISION.
Joe Smith hereby is designated as the Project Coordinator for the CITY and will
monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single
Project Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the
Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $45,867 without prior written
authorization from the CITY. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished consistent
with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement, and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other
written notice. Within ten (10) business days, the CONSULTANT and the City shall each
prepare a report which supports their position and file the same with the other party. The City
shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. The term of this agreement is for a
period of one year from the date of signature of agreement, with the CITY having an option to
extend, for an addition one year at the same rate of compensation stated in section 4, for up to
three years.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by
the CONSULTANT for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
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reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the
rights, benefits, or privileges of the CITY's employees, including but not limited to retirement,
medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or -
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere -to- hhe-applicabie-terms-ef this -Agreement
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S
employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY, it
being understood that the CONSULTANT its agents, servants, and employees are as to the CITY
wholly independent. CONSULTANT, and that the CONSULTANT'S obligations to the CITY are
solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall comply with all applicable State and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
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of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants that
the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term
of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
spec fled-erTwhen not-speeified, herrwithin-a-eorrunercially-reasouable-tune — —
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
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14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been
or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent
performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply
with all of the provisions of -the Workers ompensation urance an ety cts o the Sate
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance policies:
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® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage
arising out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved-bythe-Cityts-Risk- anagei In-theevent coverage -is rovidezbynonaduritted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
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representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, Califomia, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of,
or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTA-NT—irrconnectimYwitltr the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
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City's Standard Agreement —2009 revision
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
Joe Smith
Director of Public Works
1243 National City Boulevard
National City, CA 91950-4301
To CONSULTANT: PBS&J
9275 Sky Park Court, suite 200
San Diego, CA 92123
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight-( )-hours-by-letter--nailed-or-delivered-as speeifed--in this --Section
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any fmancial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
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❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
-hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
City's Standard Agreement —2009 revision
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
APPROVED AS TO FORM:
POST, BUCKLEY, SCHUH & JERNIGAN,
Inc. (DB/A PBS&J)
(Corporation- signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - one signature)
9tistA1(
(Name)
Richard M. Grubel
(Print)
Senior Vice President
George H. Eiser, III (Title)
City Attorney
By: ��---
(Name)
Rene de los Rios
10
(Print)
Assistant-Secretary.„,,,ura,,,,rr
'`(Title) .i,.." cPO ,,,vG
,!SEAL4
. o ` :1960
a-'`t .n
' OR .,�^ •` IOY..r ..-
City's standard Ageement —2009 revision
Exhibit "A"
An employee -owned company
May 6, 2010
Mr. Joe H. A. Smith
Director of Public Works
City of National City
Public Works Department
2100 Hover Ave.
National City, CA 91950
SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF
NATIONAL CITY FOR TAX ROLL ADMINISTRATION FOR FISCAL YEAR
ENDING 2010
Dear Mr. Smith:
In response to your request, PBS&J is pleased to submit this proposal to the City of National City
(City) for financial services for the Tax Roll Administration for Annual Sewer Service Charges for
Fiscal Year Ending 2010.
It is our understanding that the City desires continued assistance with the annual administration
of their sewer service charges billed on the property tax bills. As part of this administration, there
is ongoing customer service required for commercial property owners who request detailed
breakdowns of sewer charges as they relate to multiple water meters that fall within their
properties. The number of calls remains steady throughout the year, which begins in September
when the property bills are first sent out by the County of San Diego to the property owners,
then continue throughout the year as property owners review their charges. The City's Public
Works staff initially handles phone calls and, if additional research or explanation is, required,
the calls are forwarded to our team to follow up on them. Based on last year's calls and the
number of calls already received since September, we anticipate approximately 30 phone calls
—thatwill-require-research-and-preparation-of-a-letter-or-fax-,
The tax roll administration for each fiscal year begins in January with coordination with
Sweetwater Authority to update the annual water consumption data. In June, current parcel
information from the County and business license data and building permits data from the City
are used to update the sewer customer database. The charges are prepared for adoption by the
City Council in late July of each year and are then placed on the tax roll. In addition to the tax
roll administration, properties, such as schools and state and federal govemments that do not
pay property taxes, require a direct bill to be mailed out for the collection of sewer charges. We
prepare these letters annually.
Our proposed Scope of Services is outlined in "Attachment A" and our Fees and Conditions are
outlined in "Attachment B." It should be noted that there is no change in the fees from our 2009
proposal. The level of effort remains the same as it has for the past year.
9275 Sky Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514,1001 • www.pbsj.com
May 6, 2010
Joe H. A. Smith
Page 2 of 2
We appreciate the opportunity of offering this proposal and we look forward to working with you on
this project. If you have any questions, please call our Project Manager, Karyn Keese, at
858.514.1008.
Respectfully submitted,
PBS&J
Attach: A — Scope of Services
B — Fees and Conditions
ATTACHMENT A
SCOPE OF SERVICES
FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION
May 6,2010
In response to your request, PBS&J is pleased to submit this proposal to you for financial services
for the City of National City (Client).
I. SCOPE OF SERVICES
Based on our current understanding of the Project, PBS&J will provide the following services:
A. Tax Roll Preparation
Based on current County Assessor's information, business license applications and
building permits, the sewer customer database will be updated and matched with the
Sweetwater Authority's water accounts and annual usage. It should be noted that
business license and building permit data that is incomplete and do not match up
with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will
be returned to the City for further research.
Using updated information, sewer charges will be calculated based on approved
sewer user rates for each fiscal year. The list of sewer charges will be prepared for
approval by the City Council and then submitted to the County of San Diego for
processing on the property tax rolls. Direct bills will be sent to govemment agencies,
such as the school district, since they cannot be billed with the property tax bills. It is
assumed that 30 (thirty) direct billing statements will be mailed.
B. Respond to Customer Inquiries
This task provides for responses to customer phone calls and inquiries regarding the
annual -service -charges This proposal assumes-that3O--phone-calls-will-be-reeeived-
and that all of these customers will request detailed breakdowns, in the form of
written correspondence, regarding their sewer bills and usage (because there are
multiple meters on one property, etc.). If additional calls are received, they will be
addressed as additional services.
I1. ADDITIONAL SERVICES
If requested by the Client, PBS&J will provide the following Additional Services, beyond the
services included in Section I, Scope of Services:
A. Additional customer inquiries beyond those addressed in Section I.
May 6, 2010
FYE 2010 Tax Roll
Attachment A
Page 2 of 2
B. Meetings and any additional project related services not specifically included in Section
I, Scope of Services.
C. Field visits or additional research of parcels that do not match up with Sweetwater's
water meter data, business licenses or building permit information.
III. CLIENT FURNISHED SERVICES
The following services or information will be provided by Client or its consultants:
A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and
other relevant project information or data. Customer water use data will be provided
electronically, in a format that can be converted to Microsoft Excel. Under this
agreement for services, PBS&J shall be entitled to rely upon the accuracy and
completeness of the information and financial data provided by the Client in performing
its services, without liability. Unless requested in writing by Client, PBS&J will not, and
have no obligation to perform any manner of check, review or verify the accuracy or
completeness of the data provided.
B. Assign one person to serve as the Client's Project Manager who has authority to
represent the Client and will serve as the point of interface for all project issues and
communications. In addition, this person will serve as the initial contact for customer
inquiries regarding sewer charges.
C. A complete written description of all pertinent project information and issues, including
all unusual or critical requirements of the Client.
Perform site visits to confirm water meter locations, service addresses, or land use, as needed.
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION
May 6, 2010
A. The Services described in Section I, Scope of Services, will be provided on an hourly
rate basis with an estimated upper limit of $45,867 for 2010. Should the City wish to
enter into a multi -year contract to provide tax roll administration, each subsequent year
would be adjusted by 5% to account for inflation. A breakout of these fees by task is
included in the table below.
Task
FYE 2010
Task A — Tax Roll Preparation
$31,230
Task B — Customer Service
$13,864
Direct Expenses
$773
Totals
$45,867
B. The fees for the Services described in Section II, Additional Engineering Services, will
be provided on an hourly rate basis in accordance with the PBS&J Standard Rate
Schedule in effect at the time the services are performed. A copy of the current
Standard Rate Schedule is attached.
Cxf11Dht D
ENGINEERING SERVICES
Principal Engineer IV
Principal Engineer III
Principal Engineer II
Principal Engineer I
Supervising Engineer II
Supervising Engineer 1
Senior Engineer III
Senior Engineer 11
Senior Engineer I
Engineer III
Engineer II
Engineer I
Engineering Aide
PBS&J SOUTHWEST INFRASTRUCTURE
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2010
PUBLIC AFFAIRS SERVICES
Project Manager $170.00
Community Relations Specialist 140.00
Assistant Project Manager 125.00
Account Coordinator 80.00
$219.00
209.00
196.00
180.00
170.00
155.00
145.00
140.00
130.00
120.00
115.00
105.00
70.00
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $175.00
Senior Project Engineer (Const.) 135.00
Construction Manager 130.00
Senior Field Representative* 115.00
Construction Management Rep. II* 100.00
Construction Management Rep. 1* 90.00
Prevailing Wage Field Rep.** 125.00
Sr. Contract Administrator 110.00
Contract Administrator 85.00
ENVIRONMENTAL SCIENCE
Supervising Scientist $220.00
Senior Scientist III 185.00
Senior Scientist II 165.00
Senior Scientist I 140.00
Scientist III 130.00
Scientist II 120.00
Scientist I 100.00
Assistant Scientist 85.00
Research Assistant 60.00
OTHER PROFESSIONAL SERVICES
Principal Professional $196.00
Supervising Professional 170.00
Sr. Professional III / Sr. GIS Analyst III 150.00
Senior Professional II / Sr. GIS Analyst II 135.00
Senior Professional I / Sr. GIS Analyst I 122.00
Professional 11 / GIS Analyst II 101.00
Professional 1 / GIS Analyst I 88.00
DESIGN & GRAPHIC SERVICES
Senior Designer 11I $140.00
Senior Designer II 135.00
Senior Designer I 120.00
Designer II 110.00
Designer I 100.00
CAD Technician III 95.00
CAD Technician II 85.00
CAD Technician I 70.00
Graphics Designer II 100.00
Graphics Designer I 95.00
ADMINISTRATIVE SERVICES
Senior Administrator $110.00
Senior Administrative Assistant III 100.00
Senior Administrative Assistant I1 85.00
Senior Administrative Assistant 1 80.00
Administrative Assistant III 75.00
Administrative Assistant II 65.00
Administrative Assistant I / Clerk 60.00
EXPENSES AND OUTSIDE SERVICES
In addition, identifiable non -salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage,
postage, etc., are billed at actual cost plus 15 percent to cover overhead and administration plus 3 percent for insurance costs.
Principal Engineer IV and litigation support rates negotiated on a contract by contract basis.
Computer Aided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web programming,
etc., is charged at $5 per labor hour.
* Non -Prevailing Wage
" Prevailing Wage Rate - Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the above rates.
If applicable, a vehicle allowance of $900.00 per month will be charged for the use of a company vehicle assigned to a full-time inspector.
This monthly allowance will be prorated based upon hours worked for part-time inspection.
Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day.
Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for
insurance costs.
PAYMENT TERMS
A latepayment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date
of original invoice.
This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and
the general costs of business.
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9275 Sky Park Coact • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com