HomeMy WebLinkAbout2004 CON PBS&J - Sewer Bill and Tax AdminAGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PBS&J
THIS AGREEMENT is entered into this 4th day of May, 2004, 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 conduct on-
going Sewer Billing /Tax Roll Administration and any as needed Financial Services for
Sewer rate analysis for Fiscal Year 2004-2005.
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.
Revised August 2003
3. PROJECT COORDINATION AND SUPERVISION.
Steve Kirkpatrick 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 the
schedule given in Exhibit "B" (the Base amount) without prior written authorization from
the $45,603. 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 period of one year from date of signature of agreement.
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
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 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.
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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 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. The CONSULTANT is
notan employee 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 sub
CONSULTANTs, 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 subCONSULTANTs, 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
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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.
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 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 specified or, when not specified, then within a commercially reasonable time.
12. 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 CONTRACTOR 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 CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The
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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
CONTRACTOR 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 CONTRACTOR 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 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.
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, 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
CONTRACTOR 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:
X❑ A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
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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
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONSULTANT's
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, agents and 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 Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
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 by the City's Risk Manager.
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.
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 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
6 Revised August 2003
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 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'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
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
CONTRACTOR, 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 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.
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
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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 the CITY:
Steve Kirkpatrick
Acting Director of Public Works/Engineering
City of National City
1243 National City Boulevard
National City, CA 91950-4301
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
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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 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.
Entire Agreement. This Agreement supersedes any prior agree-
ments, 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
9 Revised August 2003
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 PBS&J
By:
Nick Inzunza,
(Two signatures required for a corporation)
BY: a �`� C°
(Name)
Vice President
(Title)
APPROVED AS TO FORM:
1y;lac. By:
George H. iser, III (Name
City Attorney
Associate Vice President
(Title)
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Revised August 2003
An employee -owned company
ATTACHMENT A
SCOPE OF SERVICES
2004-2005 TAX ROLL ADMINISTRATION
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, the sewer customer database
will be updated and matched with the Sweetwater Authority's water accounts
and annual usage. From this information, current sewer charges will be
calculated based on the sewer user rates for 2004-2005. The list of sewer
charges will be prepared for approval by the City Council and then submitted
to the County for processing on the property tax rolls. Direct bills will be sent
to the Navy since they cannot be billed with the property tax bills.
B. Respond to Customer Inquiries
This task provides for responses to customer phone calls and inquiries
regarding the annual service charges. This proposal assumes that 50 phone
calls will be received and that 20 customers will request detailed
breakdowns, in the form of written correspondence, regarding their sewer
bills and usage (if there are multiple meters on one property). If additional
calls are received, they will be addressed as additional services.
C. As Needed Financial / Aren rating Tacks:
This task provides for as needed billing database or financial services
that are not included in the above -mentioned Tasks. This would be on
a task order basis and may include: the assessment of water use data,
updated budget information and revenue requirements. Other tasks
may include council or public workshops or meetings or written
reports. We have included a not to exceed amount of $10,000 for this
contingency.
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com
Attachment A
National City Sewer Billing
Page 2 of 2
II. ADDITIONAL SERVICES
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.
B. Meetings and any additional project related services not specifically included
in Section I, Scope of Services.
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.
C. A complete written description of all pertinent project information and issues,
including all unusual or critical requirements of the Client.
An employee -owned company
ATTACHMENT B
FEES AND CONDITIONS
2004-2005 TAX ROLL ADMINISTRATION
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 $45,603.
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.
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.0730 • www.pbsj.com
An employee -owned company
PBS&J CALIFORNIA ENVIRONMENTAL
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2004
ENGINEERING SERVICES
Officer $198.00
Senior Program Manager 182.00
Project Director 172.00
Principal Engineer III 161.00
Program Manager 151.00
Principal Engineer II 146.00
Principal Engineer I 140.00
Sr. Project Manager, Sr. Eng. III 130.00
Project Manager 123.00
Senior Project Engineer 112.00
Project Engineer II 108.00
Project Engineer I 100.00
Senior Engineer 92.00
Engineer II 88.00
Engineer I 78.00
Engineering Aide II 52.00
Engineering Aide I 47.00
ENVIRONMENTAL SCIENCE
Senior Scientist III $166.00
Senior Scientist II 128.00
Senior Scientist I 120.00
Scientist III 110.00
Scientist II 102.00
Scientist I 88.00
Assistant Scientist 72.00
Research Assistant 50.00
OTHER PROFESSIONAL SERVICES
Principal Professional $166.00
Sr. Prof. III, Prog. Mgr., Sr. Devel. III 150.00
Sr. Prof. II, Sr. Analyst III, Sr. Devel. II 130.00
Sr. Analyst II, Sr. Devel. I 114.00
Sr. Prof. I, Sr. Analyst I, Devel. II 94.00
OTHER PROFESSIONAL SERVICES (Cont.)
Prof. II, Analyst II, 78.00
Prof. I, Analyst I, Devel. I 68.00
DESIGN & GRAPHIC SERVICES
Senior Design Manager $114.00
Senior Designer III 109.00
Senior Designer II 99.00
Senior Designer I 88.00
Senior Graphics Designer 83.00
Designer 78.00
Graphics Designer 78.00
Senior CAD Technician 74.00
CAD Technician II 68.00
CAD Technician I 62.00
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $123.00
Construction Manager 112.00
Senior Project Engineer (Const.) 100.00
Senior Field Representative* 93.00
Construction Management Rep. II* 85.00
Construction Management Rep. I* 78.00
Prevailing Wage Field Rep. ** 98.00
ADMINISTRATIVE SERVICES
Financial Manager 114.00
Administrative Manager 83.00
Senior Administrative Assistant II 69.00
Senior Administrative Assistant I 64.00
Project Analyst 59.00
Administrative Assistant 52.00
Administrative Clerk 45.00
EXPENSES AND OUTSIDE SERVICES
In addition, identifiable non -salary costs that is 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.
Computer Aided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5
per labor hour.
Ce11 phone usage is charged at $1 per labor hour for management personnel.
* 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 $750.00 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 late payment 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.
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760.753.1120 • Fax: 760.753.07 0 \www pbsj.comstarate t-o4.a�
City of National City
Office of the City Attorney
1243 National City Boulevard, National City, CA 91950-4301
George H. Eiser, III • City Attorney
(619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Procedures for Collecting Sewer Charges on the Tax Roll
DATE: April 21, 2004
The following summarizes the procedures for collecting sewer charges on the tax roll.
These procedures are set forth in Sections 5470-5474.10 of the California Health and
Safety Code, as well as in Chapter 14.04 of the National City Municipal Code.
Last year, the City Council enacted an ordinance authorizing collection of sewer
charges on the tax roll. After adopting such an ordinance, the City may cause a written
report to be prepared each year and filed with the City Clerk, which shall contain a
description of each parcel of real property receiving sewer services, and the amount of
the charge for each parcel for the year. The City Clerk must then cause a notice of the
filing of said report and of a time and place of a hearing to consider the report to be
published once a week for two successive weeks.
At the time of the hearing, the City Council shall hear and consider all objections or
protests to the report. If the Council finds that protest is made by the owners of a
majority of separate parcels of property described in the report, then the report shall not
be adopted and the charges shall not be collected on the tax roll. Where there is not a
majority protest, the City Council may adopt, revise, change, reduce or modify any
charge or overrule any and all objections, and make a final determination upon each
charge described in the report.
On or before August 10 of each year, the City Clerk shall file with the Auditor a copy of
the report with a statement over his signature that the report has been finally adopted by
the City Council, and the Auditor shall enter the amounts of the charges against each
parcel on the assessment roll.
f1
GEORGE H. EISER, III
City Attorney
GHE/gmo
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Company Overview
PBS&J offers a strong national reputation,
broad -based technical expertise,
and a sincere commitment to client service.
We Pledge Responsive Service
PBS&J is keenly aware of the need for efficient and responsive service for all
projects. The firm has a superior record of performance by successfully completing
high quality projects within budget and on schedule. The specific needs of each client
are addressed and incorporated into the planning and scheduling of each project.
Proactive communications are maintained throughout the project. It is this
responsive, personalized service that allows us to boast a high number of repeat
business clients. We are committed to providing responsive service to the City of
National City.
Firm Background
PBS&J, one of only a few large, employee -owned engineering firms, is consistently
ranked among the top ten percent of design firms in the nation. The firm was founded
in 1960, and is a registered corporation. We are currently ranked 25th by Engineering
News Record, 5th in pure design. With more than 3,200 employees, PBS&J is able
to serve clients through a network of 60 offices -nationwide. Our Southern California,
staff includes over 190 full-time employees in our San Diego, Encinitas, Irvine, and
Riverside offices. These staff members are skilled in a wide range of disciplines,
including water and wastewater engineering civil and structural engineering,
planning, surveying, and construction support and management services for various
public works projects for city, county, state, and federal agencies.
PBS&J is a multi -service engineering and consulting firm with expertise in four
specific areas: environmental, transportation, civil engineering, and construction
management. Our Southern California offices specialize in financial services and the
planning, design, and construction management of water, recycled water and
wastewater infrastructure projects. Our staff has managed all types of water and
wastewater projects, from planning through construction, including water, sewer,
recycled water, and storm drain master plans, pipeline designs, water and wastewater
pump stations, sewer force mains, reservoirs, pressure regulating stations, surge
control facilities, and more. PBS&J's extensive experience allows our staff to provide
each client with a careful evaluation of constructability issues, the identification of
potential problems, and practical, innovative solutions.
PBS&J provides substantial benefits to each of our clients regardless of the size or
complexity of the individual project. We can assign skilled people from any one of
Comprehensive resources, proven service
Page 1
PBS&J believes
performance is optimized
by providing unsurpassed
service and value to our
clients.
our offices to assist on any given problem. This gives PBS&J the flexibility to
customize our services to satisfy precise project requirements; to direct manpower
and resources to meet emergency, unexpected, or additional service needs; and to
provide project management capabilities to handle all types of projects. Our large,
local offices bring many key benefits that set us apart from the competition. Our
fields of expertise include:
❖ Water/Wastewater Services Municipal/District Engineering
Master Planning City Engineering Staff Services
System Assessment Assessment Engineering
Program Management Plan Checking/Development Review
Pump Stations & Pipelines Program Management
Wastewater Treatment Financial Planning
Water Reclamation & Reuse Environment Documents & Permitting
Reservoir Design
Water Treatment
SCADA & Operational Guidance
Construction Management (PCM)
Construction Observation
Construction Management
❖ GIS/Information Services
Comprehensive CAD Services E• General Civil Engineering
Mapping Site Civil Planning & Design
Facilities Inventories & Databases Storm Drainage Facilities
Website Development Street & Highway Design
Electronic Data Manipulation/ Wet Utility Design
Translation
Qualifications
PBS&J has built a successful reputation by providing quality engineering services to
numerous cities, districts, and agencies in Southern California.
A partial list of our public agency clients include:
City of San Diego
County of San Diego
Irvine Ranch Water District
City of Newport Beach
City of Encinitas
City of Del Mar
City of Riverside
City of Solana Beach
City of Chula Vista
San Dieguito Water District
San Diego County Water Authority
City of Oceanside
City of Long Beach
❖
City of National City
City of Vista
City of San Marcos
City of Escondido
City of La Mesa
City of Carlsbad
Carlsbad Municipal Water District
San Elijo Joint Powers Authority
South Coast Water District
Elsinore Valley Municipal Water Dist.
Vista Irrigation District
City of Dana Point
County of San Bernardino
Comprehensive resources, proven service
Page 2
Qualifications
PBS&J's multi -disciplined capabilities, relevant, experience,
and strong project team offers the combination of
resources needed for this project
A Specialized Project Team to Offer the City a Full Range of
Financial and Engineering Services
We have identified and committed a project team that provides the City with a large and widely
experienced resource of municipal finance, information systems and project level engineers who
will accomplish the cost-effective services necessary to complete the required 2005 Tax Roll
Administration. Most importantly, our PBS&J staff is locally based and able to provide a wide
range of services.
The following are brief resumes of our management team members, project engineers, and
technicians with whom you will be working on a daily basis. Upon review of these resumes, we
believe the City will recognize a superior project team that will achieve the City's goals.
Paul E. Cooley, P.E.
Principal -in -Charge
As Principal -in -Charge, Mr. Cooley will regularly monitor and review the overall efforts of the
team. By periodically reviewing the project work, he will be able to measure the effectiveness
and assure that services are regularly completed on time and in the most efficient manner
possible.
Mr. Cooley, a Vice President at PBS&J, has over 22 years of consulting experience. During the
past 15 years, he has been Principal -in -Charge, Project Manager, and Project Engineer on a wide
variety of advanced water/wastewater projects, including water and reclamation master plans;
water and wastewater treatment plant pre -design, design and construction support; pipeline,
reservoir, and numerous advanced water treatment plant designs. He has been responsible for
QA/QC on systems ranging in cost from $500,000 to $10 million.
Financial Services Team Summary
Karyn L. Keese
Financial Services Project Director
When financial services are required, Karyn Keese brings her 20 years of experience in public
fmance and management in the public and private sectors to find creative, effective fmancial
solutions. Based in southern California Ms. Keese leads a talented staff of financial services
specialists working on local, state, and national efforts. She has extensive experience throughout
San Diego County in financial plans and cost -of -service studies, operating and capital budget
systems, grants management, intergovernmental relations, and institutional and market analysis
Comprehensive resources, proven service
for water, wastewater, and storm water utilities. Ms. Keese has been the sewer rate consultant for
the City since 1991. Ms. Keese will direct the project as well as provide technical support.
Marial Paras Cairns, P.E.
Financial Assessment Project Manager
Mariel Paras Cairns is a Project Manager at PBS&J, with nine years experience providing a wide
range of financial and engineering services to public agencies throughout San Diego County. Ms.
Cairns has extensive experience in financial analyses including rate studies, long range planning,
connection fee studies, and forming special financing districts. Her engineering experience, in
planning and design of water and sewer infrastructure, capital improvement program
management, and comprehensive plan checking reviews of public improvements and private land
development projects, complements her work on financial projects. She worked closely with
Karyn Keese on the studies for the City of National City, City of Chula Vista, City of La Mesa,
City of Vista and Buena Sanitation District, and four of the County of San Diego's sewer
districts. Ms. Cairns will provide project coordination between financial services and information
solutions.
Amanda Lopez
Project Analyst
Ms Lopez was the fmancial services project analyst for the tax roll conversion project in 2003 for
the City of National City. Ms. Lopez assisted in successfully converting the City's direct billing
system to the San Diego County Assessor's roll on a fast track basis. Following through with the
project she pulled from three different resources to finalize and detail each parcel, ensuring that
the information on the tax rolls was correct. She also provided customer service for those
inquiring about the new sewer service changes. She will service as project analyst for the 2005
sewer service tax roll project.
Currently she is coordinating office operations for the County of San Diego Fire Debris Clean Up
project. This involves working closely with the County to ensure the project is running smoothly
and is cost efficient. This involves coordinating and executing tasks with field operations, office
operations, information systems operations, as well as a third parties consisting of contractors and
haulers.
Information Solutions
Brad Scott
Information Solutions Group Program Manager
Brad Scott is the Program Manager of PBS&J's San Diego Information Solutions group. He has
experience in Geographic Information Systems (GIS), digital cartographic databases, relational
database management, programming and web development. His expertise includes system needs
assessments, application development, programming, spatial analysis, cartography and data
collection/creation. As a Senior Information Solutions Developer, Mr. Scott is a technical leader
with expertise on a variety of projects. He has led mapping, data conversion and spatial analysis
efforts for recent master planning and assessment projects, including the National City Tax Roll
Conversion, the Cannel Valley Trunk Sewer, the San Diego CCTV Video Inspection Project, the
Otay Mesa Trunk Sewer Alignment Study and the Poggi Canyon Trunk Sewer Study. In addition,
Comprehensive resources, proven service
Mr. Scott has significant experience in the production and maintenance of digital cartographic
databases, and has recently managed several ArcGIS based digital atlas projects. Those projects
include an Aerial Atlas for the City of Dana Point, a master plan mapping atlas for the City of
Encinitas, which included a citywide CAD to GIS data conversion, and is currently involved in
developing a Sewer Mapping Application for the City of La Mesa. Mr. Scott will perform the
information systems quality control and mapping efforts.
Comprehensive resources, proven service
City of National City, California
COUNCIL AGENDA STATEMENT
AIEETING DATE May 4, 2004
AGENDA ITEM NO.
ITEM TITLE A Resolution Directing the Preparation of the Report Required by Government Code
Section 5473 and Authorizing the Mayor to Enter into an Agreement with PBS&J to Provide On -going
Sewer Bill/Tax Roll Administation and Any As -Needed Financial Services for Sewer Rate Analysis for
Fiscal Year 2004-05
PREPARED BY Joe Smith DEPARTMENT Public Works/Engineering
336-4587
EXPLANATION
See attached explanation.
CEnvironmental Review X N/A
Financial Statement
The Contract is for $45,603; $35,603 for sewer tax roll administrationroved By: Finance Director
and $10,000 for as -needed contract services. The details of the scope of services are outlined
in Attachment "A", the fees and conditions are outlined in Attachment "B". Account No.
STAFF RECOMMENDATION
Adopt the resolution authorizing the ting Director of Public Works/Engineering to enter into this
agreement.
BOARD / COMMISSION R = •'OMMENDATION
N/A
ATTACHMENTS ( Listed Below )
1. Resolution
2. Agreement with PBS&J
3. City Attorney Memorandum dated April 21, 2004
A-200 (9:991
Resolution No. 2,00�-1
Explanation:
On June 17, 2003, Council approved Resolution Number 2003-159 authorizing PBS&J to create
a database that would be used in transferring the collection of sewer service fees to the County
of San Diego Tax Rolls.
The City requires continued assistance with annual administration of our sewer service
billing. This will include the updating of any change that may have occurred to the
customer database. These changes will be matched with the Sweetwater Authority's
water accounts and the associated charges of these changes will be applied to the
database. PBS&J will then prepare a report containing this information as required by
Government Code Section 5473 for Council approval. The procedure for annual
placement of sewer charges on the tax roll, including the preparation of the report, is
summarized in the attached memorandum from the City Attorney. Once approved, a
sewer billing data tape will be provided to the County Assessor's office. This agreement
will also include database review, tracking reports for our records, and response to
customer phone calls and inquiries.
This agreement will also provide any additional, as -needed financial services for sewer
rate analysis that may not be included in the above -mentioned tasks, which would
include updating budget information, assessing water use data, and council or public
workshops.
RESOLUTION NO. 2004 — 72
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DIRECTING THE PREPARATION OF THE REPORT
REQUIRED BY GOVERNMENT CODE SECTION 5473,
AND AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH PBS&J TO PROVIDE
ON -GOING SEWER BILL/TAX ROLL ADMINISTRATION
AND ANY AS NEEDED FINANCIAL SERVICES FOR
SEWER RATE ANALYSIS FOR FISCAL YEAR 2004-05
WHEREAS, on June 17, 2003, the City Council approved Resolution No.
2003-159 authorizing PBS&J to create a database that would be used in transferring the
collection of sewer service fees to the County of San Diego tax rolls; and
WHEREAS, the City desires PBS&J's continued assistance with annual
administration of the sewer service billing, and the preparation of a report required by
Government Code Section 5473, which contains a description of each parcel of real
property receiving sewer services and the amount of the charge for each parcel for the
year; and
WHEREAS, PBS&J is a engineering firm and is qualified by experience
and ability to perform the services desired by the City, and PBS&J is willing to perform
such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City directs the preparation of the Report required by Government Code
Section 5473.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
Mayor to execute an Agreement between the City of National City and PBS&J for on-
going sewer bill/tax roll administration and any as -needed financial services for sewer
rate analysis for Fiscal Year 2004/05.
PASSED and ADOPTED this 4'h day of May, 2004.
Ni a, ayor
APPROVED AS TO FORM:
�-� �
George H. Eiser, Ill
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 4, 2004, 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
}
Jerk of the
Cit
y ty cfNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-72 of the City of National City, California, passed and adopted by the
Council of said City on May 4, 2004.
City Clerk of the City of National City, California
By:
Deputy
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Dalia, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 12, 2004
Mr. Paul Cooley, Vice President
PBS&J
175 Calle Magdelena
Encinitas CA 92024
Dear Mr. Cooley,
On May 4, 2004, Resolution No. 2004-72 was passed and adopted by the
City Council of the City of National City, directing the preparation of the
report required by Government Code Section 5473, and authorizing the
Mayor to execute an agreement with PBS&J to provide on -going sewer
bill/tax roll administration and any as needed financial services for sewer
rate analysis for fiscal year 2004-05.
We are forwarding a certified copy of the above Resolution and a fully
executed original agreement.
Sincerely,
Martha L. Alvarez, MC
Deputy City Clerk
/mla
Enclosure
cc: City Manager
File No. C2004-23
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