Loading...
HomeMy WebLinkAbout2003 CON PBS&J - Create Data Base for Sewer BillsORIGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 17th day of June, 2003 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to develop a database allowing the City to convert sewer -billing to tax roles WHEREAS, the CITY has determined that the CONSULTANT is a corporation 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 set forth 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. Burton Myers hereby is designated as the Project Coordinator for the CITY and will monitor the progress and 1 Revised 52000 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. Brad Scott 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 the schedule given in Exhibit A (the base amount) without prior written authorization from the Director of Public Works/Engiineering. 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. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are for six months ending December 2003. 6. 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 assigns to the CITY and 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 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. 2 Revised 5/2000 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. 7. INDEPENDENT CONSULTANT. 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. The CONSULTANT is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to 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 subconsultant, 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 to adhere to the applicable terms of this Agreement. 8. 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 expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are 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 contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. 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 of its subconsultant, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. 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 3 Revised 5/2000 the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. 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 profession currently practicing under similar conditions and in similar locations. The CITY expects that 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. 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 specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONSULTANT will 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. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR 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 4 Revised 5/2000 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. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify and hold harmless the City of National City, its officers, 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, in any way resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State 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, defend and hold harmless the CITY and its officers, employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and 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. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ✓� A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $2,000,000 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 non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $2,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. 5 Revised 5/2000 employees. 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 worker's compensation policies, shall name the CITY and its officers, employees as additional insureds. 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. H. 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 fmanciai stability that is approved by the City's Risk Manager. I. 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. D. Workers' compensation insurance covering all of its CONSULTANT'S 17. 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 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 judgement 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. 18. 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, California, 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 6 Revised 5/2000 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. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day 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 CONTRACTOR in connection with 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) CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. 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: 7 Revised 5/2000 To the CITY: Burton S. Myers Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: PBS&J 175 Calle Magdelena Encinitas, CA 92024 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 (48) hours by letter mailed or delivered as specified in this Section. 21. 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 financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ 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. 22. 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 8 Revised 5/2000 date shall automatically be extended until 5:00 p.m. Pacific Time Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may counterparts, each of which shall be deemed an original, but 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 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. 9 of the next day which is not a be executed in multiple all of which, together, shall Revised 5/2000 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 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 By: Nick Inzunza('or APPROVED AS TO FORM: George H. iser, III City Attorney 10 PBS & J (Two signatures required) By: (Name)/GA5p VtC( Pit 1o0ve---- (Title) By: Arne541.., Alto; di (Title) r" ilr�rr • Revised 5/2000 Proposed Action: The City of National City has requested PBSJ to develop a sewer -billing database that will allow the city to utilize the county tax roles to bill constituents for sewer services. Currently, sewer bills have been generated to bill constituents directly to the resident of a property using the Sweetwater Authority base data. This process has been successful, however has been noted to be inefficient, costly, and difficult to manage annually. The goal of the project is to tie the sewer account information to property APN therefore giving the city the ability to track sewer billing by APN and utilize the county tax roll. Currently the Sweetwater Authority does not track APN information in their database or business processes. The methodology in order to accomplish this task includes obtaining the current water billing database and match the water service addresses to APN. The accuracy of the relationship built in this project will depend on the accuracy of the service address information provided by the Sweetwater Authority in digital format and the property appraiser information that will be obtained from the County Assessor's office. Task 1: Database Collection and Preliminary Preparation This task will include obtaining and preparing the Sweetwater Water Authority and San Diego Property appraiser databases for the boundaries of this project. This task will include acquisition of each database and importing theminto an Access database. Oncein an Access database each address field will be reviewed and made ready for analysis. . Task 2: Address Preparation Address Preparation This task will entail preparing the address fields for the National City,. Sweetwater, and Property Appraiser databases. This task includes separating the street rutnber, Street direction, and street name for each APN and generating a newaddress field to be used for` matching. Task 3: Account Matching Once address fields have been generated in each database,joins will be: created.to. determine non -matches. The water records without an APN match will be visually inspected and corrected if adequate information exists in the .databasetoinfer its probable. match. Task 4: Exception Field Review Those records that we are unable to be reconciled to APN, will be presented to the City for field inspection. During the matching process we will provide these lists (as needed) on at least a weekly basis. Task 5: Data Compilation and Review This task will include a final quality check and meeting with City Staff to present the results of the project to date. 11 Task 6: Prepare digital file for submission to Tax Assessor After written approval from the City of National City, PBSJ will convert the digital database to a format that is consistent with the San Diego County Tax Code requirements and submit the data on appropriate media to the County Tax Assessor. Preliminary Fee Estimate: SEE ATTACHED SHEET 1. Database Collection and Preliminary Database Preparation $1,800 2. Address Preparation $14,060 3. Account Matching $17,060 4. Exception Review $3,920 5. Data Compilation and Review $7,400 6. Tax Role Submission $920 7. Contingency and reimbursable $10,750 Total $ 55,910 (NOTE: Matching water billing information provided by the Sweetwater Authority: visually may require a large amount of effort and will.depend on the accuracy of the data provided and results of the preliminary match. A Contingency. Fee has been added to this scope in the amount of $ 10,000 to cover unexpected database•discrepanciesf 12 P85) An employee -owned company June 5, 2003 Stephen Kirkpatrick Assistant Director of Engineering City of National City 1243 National City Blvd. National City, CA 91950 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF A SEWER BILLING DATABASE FOR THE CITY OF NATIONAL CITY Dear Mr. Kirkpatrick, In response to your request, PBS&J is pleased to submit this proposal to the City of National City to provide financial and engineering consulting services to develop a sewer -billing database that will allow the city to utilize the county tax roles to bill constituents for sewer services. I. SCOPE OF SERVICES Our proposed Scope of Services are outlined in Attachment "A." II. FEES AND CONDITIONS Fees and conditions are outlined in Attachment "B." 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 (760)753-1120. Thank you for the opportunity to provide these services. Respectfully submitted, PBS&J '6ae' E. Cooley/ Vice President TO/jle c: Sara Maples, PBS&J Karyn Keese, PBS&J File: 621943.01 I:\admin\182\621943\01 \ProposalW CFinancial-proposal.doc 13 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com An employee -owned company ATTACHMENT A SCOPE OF SERVICES AND TIME SCHEDULE PROPOSAL TO PROVIDE FINANCIAL AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF A SEWER BILLING DATABASE FOR THE CITY OF NATIONAL CITY The City of National City has requested PBS&J to develop a sewer -billing database that will allow the city to utilize the county tax roles to bill constituents for sewer services. Currently, sewer bills are generated to bill constituents directly to the resident of a property using the Sweetwater Authority base data. This process has been successful, however has been noted to be inefficient, costly, and difficult to manage annually. The goal of the project is to tie the sewer account information to a property Assessor's Parcel Number (APN) therefore giving the City the ability to track sewer billing by APN and utilize the County tax roll. Currently the Sweetwater Authority does not track APN information in their database or business processes. The methodology in order to accomplish this task includes obtaining the current water billing database and matching the water service addresses to an APN. The accuracy of the relationship built in this project will depend on the accuracy of the service address information provided by the Sweetwater Authority in digital format and the property appraiser information that will be obtained from the County Assessor's office. I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following financial and engineering consulting services: Task 1 Database Collection and Preliminary Preparation This task will include obtaining and preparing the Sweetwater Water Authority and San Diego Property appraiser databases for the boundaries of this project. This task will include acquisition of each database and importing them into an Access database. Once in an Access database each address field will be reviewed and made ready for analysis. Task 2 Address Preparation This task will entail preparing the address fields for the National City, Sweetwater, and Property Appraiser databases. This task includes separating the street number, street direction, and street name for each APN and generating a new address field to be used for matching. 14 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Attachment A Development of a Sewer Billing System June 5, 2003 Page 2 of 2 Task 3 Account Matching Once address fields have been generated in each database, joins will be created to determine non -matches. The water records without an APN match will be visually inspected and corrected if adequate information exists in the database to infer its probable match. Task 4 Exception Field Review Those records that are unable to be reconciled to an APN will be presented to the City for field inspection. During the matching process we will provide these lists (as needed) on at least a weekly basis. Task 5 Data Compilation and Review This task will include a final quality check and meeting with City Staff to present the results of the project to date. Task 6 Prepare digital file for submission to Tax Assessor After written approval from the City of National City, PBS&J will convert the digital database to a format that is consistent with the San Diego County Tax Code requirements and submit the data on appropriate media to the County Tax Assessor. II. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Copies of all relevant reports, studies, correspondence, and other relevant project information or data. 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. C. Field review/Inspection as needed for APN reconciliation. TO:jle c: Sara Maples, PBS&J Karyn Keese, PBS&J File: 621943.01 1:\admin\182\621943\01 \Proposal\NCFinancial-proposal.doc 15 PBS1 An employee -owned company ATTACHMENT B FEES AND CONDITIONS PROPOSAL TO PROVIDE FINANCIAL AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF A SEWER BILLING DATABASE FOR THE CITY OF NATIONAL CITY FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $ 55,910. Preliminary Fee Estimate: 1. Database Collection and Preliminary Database Preparation $ 1,800 2. Address Preparation $ 14,060 3. Account Matching $ 17,060 4. Exception Review $ 3,920 5. Data Compilation and Review $ 7,400 6. Tax Role Submission $ 920 7. Contingency and reimbursable $ 10,750 Total $ 55,910 (NOTE: Matching water billing information provided by the Sweetwater Authority visually may require a large amount of effort and will depend on the accuracy of the data provided and results of the preliminary match. A Contingency Fee has been added to this scope in the amount of $ 10,000 to cover unexpected database discrepancies) TO:jle c: Sara Maples, PBS&J Karyn Keese, PBS&J File: 621943.01 I:\adm i n\182\621943\01 \Proposai\NC Fi nancial-proposal.doc 16 175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com Q:t-i4-2CU2 II:4Eam From-PBSJ 14-1-1-2002 01:41pm From -PEW LEGAL MIAMI 305-599-27i T-241 P.D02/DU3 1:-479 T-327 P.002/OD3 F-E20 I , orrbtt I ST IE,-,1Ji Li (lli ISOM DAIS ortiDwYr- .?:..I J 10/11/02wo2te Collinsworth, Alter, Nielson, Fowler & 0owling,InC.1WMC/DIA1 TIM CARTIFICwIE is KURR A3 A MAMA OF 80010AATIOn ONLY AND CONNt3NoWQ1TSUPONVffCAt7mlt+TStOW .TN1sCGTIACATR noes NOT AMPAD, MEND OR ALUM Tiff cOVila= encamp BY THE tOLtaK6 RW.Ow 5979 NW 151 Street. Suite 105 COMPANIES AFFORDING COVERAGE Miami Lakes, FL 33014 COMPANY LETTER A Continental Casually CO A XV COMPANY Dva17R8ir ternsVe Nat'l Union Fire Ins Co/AIQ A + + XV Post, Buckley. Schuh & Jernlgon, Inc. d/b/a PBS&J COT, ANY tJanDt L. American Cae Co of Reading PA AXV 2001 NW 107 Avenue COMPANY tx'mm n Lloyds of London A- Xv Miami FL 33172 C'^� 1+ LETT= i' rnvRYAniSi. . -.': ' . • 4:.,• : {•,, . ,i :":` •';I : .. . i'r;;l:.' i( „<,,Y'..:nI . 47: - _ .. . '..L: • . c r. { ... ... .. TTffi IS TO CSOImy THAT YRS POLWIES Or olsveANCR Luna razow HAYS URN Maio TD Tee Remo NAMED AIION: roe Ins ADULT MOD DaDICAi'SD. N01'wintirAr Dc c ma MournmENT, TERM OR t owl:wort OW ANY CONTNACTOR OTlmtp DOCUMENT Wt1P RHSTYCTIO WAWA TIIIS . cunt ncATS MAY Re mom oeK MAY reaTATIL Tiff, 7NSIMANtg ArtOPDS6 lie TIE YOLICTEYDTBOOMI010IDSDd IS WAtRCT TO ALL T1if Ti1aSS, EXCLUSION'S AND CONOTLIONS OW SUCU POLUCIE9. LIMITS [ I0WNMAY WAyeieleW ASDDCED RY PAID CLAIMS. CO MS Or Na%XANCE POLICY worstPO4SZY1;17. DATT ooll Oonno rOtYY MCP..TR Dim fromoonon LOOTS A GENERAL L1AMLOY GL247943206 9/30/02 9/30/03 GIINSRAL 4CCMEGATE 2000000 x comm.GSN&11AL uAI1 uTi It1 14S maw�OCC_ PROD{0►iP/OPACG. 2000 .--,-- MS. t ADV. MALY 1000.300 OWNSICS A t:ONTRACT'6 TROT zsareicammsoce 1000000 �)L. Per Protect Ana WW2 DAMAGRSonolan{ Arm no. Au. !Ad 1000500 25000 A AVTOMoc1LC -ANY .0 Lissom, 8UA247843223 9/30/02 9/30/03 comscrtD3CgGit LIMIT 1000300 x ALL OWNED AUTOS a`CItiDULED nVt06 NOOILY WUXI/ (hr warm) x _ HIRED AUTOS NONOWNSD AVMS WOOLLY DYIIOY dbr Kr1arM1 GARAGE LLIftUTY rPOPSR'1Y DAMAGE B E C1 SU. nn.nY 0E2131609 9/30/02 9/30/03 SACNoccuDerwla 10000000 x UMBRELLA TOLD DM OTHER THAN ORLLLA ACGDZOAT E 10000000 TORm .�..'.�.�.�.. C WORMS' COMPEMAATION WC247843268 9/30/02 9/30/03 X imatIro4OrLDIIT3 :.;.;+.''; .. ..,>.r:' - AND EAClActm¢NT 1000000 EMPLOYER'S LIAM:LIST M&7IASE•ruiity i.C.et 1000000 013LA` B-B CT3IMP. 1000000 D 070.ER . Profassion31/ Pollution Liab Claims -Made Form.. P42302 1 9/30/02 9/30/03 81,000,000 Limits ea claim/aggregate 11/11/61 retrodate D E ATAGNEO�SoNVLOCATIONSfattlCLEaiSreCLtin1M3 •CCRTIFtCAT'F•'AoLUIR... ,........",' . '". :::-';.;., .. E:. ; .. !Kry^ '•,: .. i..CA7YCFLIJ}T[O n':.. . :: 6�OVLD ANY Or THE ADM D&SQWOCD POLICIES XL•CANCRU.gD WOt[BTES R13TRATIONDATG 17ffRR.0Y, YHE MEMO cOMr*NY NOLL DnKAVOR TO City of National City ofPublie0epartment 1243 National City 81vd. I.- MML - DAYS WPtr7CN NOTICE TO THE CEITm1CAT.7i HOLDER NAMED TO 789 tStr, eVTFA¢IDIE TO MAD. RV= NOTICC&PALL DOPOSCNO ODLIGATION OR ? tLDn2tv0rANYMID MEN TEMCOMrANY,ITS AGri O ignesyNTATTtE3. „ National GHy. CA 91950 AviDowz� RSS � ... �. �.., ... � 46O1RD25-S(7/90) n' ':,:,, c;:°'''.: ..i.,;'t'T'cri .. :'. . , ...E � '•Y'. 'M .:.A:.'.. ;.:; RECEIVED TIME OCT.11. 10:40Am 17 PRINT TIME OCT.11. 11:20FIM City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 17, 2003 *REFER TO ITEMS #2 & #21 AGENDA ITEM NO. 22 ITEM TITLE A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ ENGINEERING TO ENTER INTO AN AGREEMENT WITH PBS&J TO CREATE A DATABASE THAT WILL BE USED TO CONVERT SEWER BILLING TO THE TAX ROLLS PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review X N/A Financial Statement Approved By: The contract is for $55,910. The . ails of the cost are within the contract. Finance Director The cost of billing is a cost of pr. dine sevi�r service and is therefore a part of the rate structure that was considered in the Public H STAFF RECOMMENDATIO Adopt the Resolution autho Account No. r Public rks/Engineering to enter into the agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2003-88 1. Agreement A-200 (9/99) RESOLUTION NO. 2003 — 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH PBS&J TO CREATE A DATABASE THAT WILL BE USED TO CONVERT SEWER BILLING TO THE TAX ROLLS WHEREAS, the City desires to employ a consultant to develop a database allowing the City to convert sewer -billing to tax roles; and WHEREAS, the City has determined that PBS&J is qualified by experience and ability to perform the services desired by the City, and the PBS&J is willing to perform such services; and WHEREAS, at a regular meeting of the City Council held on June 17, 2003, the City Council approved transferring the collection of wastewater billing to the County of San Diego tax rolls as a line item on each property owner's tax bill to be collected twice a year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an agreement with PBS&J to create a database that will be used to convert sewer billing to the tax roles. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17t' day of June 2003. ATTEST: Mic'..el R. Dalla/ ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 17, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the CitJof National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-88 of the City of National City, California, passed and adopted by the Council of said City on June 17, 2003. City Clerk of the City of National City, California By: Deputy Explanation: Currently, wastewater service is billed every other month through the Finance Department. For many reasons, this method of wastewater service billing is ineffective. Over the last three years approximately $2.9M in "bad debt" has accrued. The success rate in collecting this bad debt has been very low. Placing the wastewater service billing on the tax rolls will eliminate this bad debt. There was a Public Hearing on today's Council Agenda to consider the issue of transferring the collection of wastewater billing to the County of San Diego tax rolls. If the transfer is approved wastewater services will be a line item on each property owner's tax roll and be collected twice a year. It is anticipated that we will get the billing on the tax rolls for FY 2004. In order to do so the data must be submitted to the County by August 10, 2003. There is a lot of work required to get the data in the County required format, but we are confident if we start immediately we can accomplish the task. This contract with PBS&J is for the primary work effort necessary to get the sewer billing on the tax rolls. It is Tess expensive for the City Of National City to use the County to collect sewer billing through the tax rolls than it is to handle the bill collection in house. The cost the first year is approximately $60,000, then approximately $30,000 annually thereafter. The cost to keep the billing in-house is approximately $250,0000 annually (in addition to the bad debt issue).