HomeMy WebLinkAbout2005 CON PBS&J - Waistwater Consulting 2005-2006AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PBS&J
THIS AGREEMENT is entered into this 19th day of April, 2005, 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 as -
needed Financal, Wastewater consulting services for Fiscal Year 2005-2006
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.
Roberto Saucedo 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
Revised August 2003
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 Public Works Director.
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.
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. Neither the CONSULTANT nor the
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CONSULTANT,s employees are employee of the CITY and are not entitled to any of the rights,
benefits, or privileges of the CITY's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or subcontractors, as the CONSULTANT may deem necessary for
the proper and efficient performance of this Agreement. All agreements by CONSULTANT with
its sub CONSULTANT (s) shall require the sub CONSULTANT 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 sub CONSULTANTs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
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 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
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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 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 CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this Agreement without
the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall
comply with all legal obligations it may now or hereafter have respecting the information or other
property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
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14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees
to defend, indemnify, and hold harmless the City of National City, its officers and employees,
against and from any and all liability, loss, damages to property, injuries to, or death of any
person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by
anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent
performance of this Agreement.
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 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:
X❑ A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include 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 employ-
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 Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager.
ees.
5 Revised August 2003
J. This Agreement shalt 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 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 CONSULTANT 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
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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 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: Reberto Saucedo
Director of Public Works/Special Projects
City of National City
2100 Hoover Avenue
National City, CA 91950-6530
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
7 Revised August 2003
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 require-
ments 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 date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative of
any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
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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:
Chris Zapat
City Man. -r
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
PBS&J, INC.
(Two signatures required for a corporation)
By: --.--]
(Name)
(Title)
9
Revised August 2003
An employee -owned company
April 4, 2005
Mr. Roberto Saucedo
Director of Public Works / Special Projects
City of National City
1243 National City Blvd.
National City, CA 91950-4301
SUBJECT: PROPOSAL TO PROVIDE AS -NEEDED FINANCIAL SERVICES
FOR THE CITY OF NATIONAL CITY FOR FISCAL YEAR
ENDING 2006 AND 2007
Dear Mr. Saucedo:
In response to your request, PBS&J is pleased to submit this proposal to the City of
National City (City) for as -needed financial services for Fiscal Year Ending 2006 and
2007 with an option to extend this contract for a third year (Fiscal Year 2008).
It is our understanding that the City desires continued assistance with as -needed
financial services in support of their wastewater utility. This would be on a task
basis and may include: sewer rate revisions and rate cases, issues arising from the
City of San Diego and Metro system contract, and support in billing and contractual
negotiations with the United States Navy. Other tasks may include council or
public workshops/meetings, written reports, and training of staff in financial
models.
In the past PBS&J has supported the City in a myriad of financial projects
including the development of the current multi -year sewer rate case which includes
revenues for both sewer and storm water; determination of billings associated with
the U.S. Navy; development of a reserve policy for the sewer utility; parcel audits
for updating the City's sewer user data base; and studies on a variety of topics such
as alternative utility billing mechanisms, tax roll billing conversion, and creation of
a storm water utility.
Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions
are outlined in Attachment `B "
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsj.com
Mr. Roberto Saucedo
As -Needed Financial Services
April 4, 2005
Page 2 of 2
We appreciate the opportunity of offering this proposal, and we look forward to
working with you on this project. If you have any questions, please call our Project
Manager, Karyn Keese or me at (760) 753-1120.
Respectfully submitted,
PBS&J
rnesto .Aguilar
Associate Vice President, PBS&J
c: Sara Maples, PBS&J
Karyn Keese, PBS&J
File
I:\admin\800000 Marketing \EN62\Proposals \ Financial \182\JLM 040405 Fnd Svcs As Needed.dac
An employee -owned company
ATTACHMENT A
SCOPE OF SERVICES
FISCAL YEAR ENDING 2006 AND 2007
AS -NEEDED FINANCIAL CONSULTING SERVICES
APRIL 4, 2005
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. As -Needed Financial Services:
This task provides for as -needed financial services in support of the
City's wastewater utilities. This would be on a task basis and may
include: updated budget information and revenue requirements, sewer
rate revisions, mid year review and rate cases; issues arising from the
City of San Diego and Metro system contract; and support in billing
and contractual negotiations with the United States Navy. Other tasks
may include council or public workshops or meetings or written
reports. We have included a not to exceed amount of $15,000 annually.
III. CLIENT FURNISHED SERVICES
The following services or information will be provided by Client or its consultants:
A. Assign one person to serve as the Client's Project Manager who has
authority to represent the Client and will serve as the point of interface for
all project issues and communications. In addition, this person will serve as
the initial contact for customer inquiries regarding sewer charges.
B. Client shall provide PBS&J copies of all relevant reports, studies,
correspondence, and other relevant project information or data as needed for
each task. Under this agreement for services, PBS&J shall be entitled to rely
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsj.com
Attachment A
As -Needed Financial Services
Page 2 of 2
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.
An employee -owned company
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEAR ENDING 2006 AND 2007
AS -NEEDED FINANCIAL CONSULTING SERVICES
APRIL 4, 2005
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 $15,000.
B. The fees for the 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
Anemphice-ownedampany
PBS&J CALIFORNIA ENVIRONMENTAL
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2005
ENGINEERING SERVICES
Officer $198.00
Principal Engineer III 185.00
Principal Engineer II 175.00
Principal Engineer I 160.00
Supervising Engineer II 145.00
Supervising Engineer I 130.00
Senior Engineer III 120.00
Senior Engineer II 116.00
Senior Engineer I 105.00
Engineer III 100.00
Engineer II 95.00
Engineer I 85.00
Engineering Aide 55.00
ENVIRONMENTAL SCIENCE
Senior Scientist III $174.00
Senior Scientist II 134.00
Senior Scientist I 126.00
Scientist III 116.00
Scientist II 107.00
Scientist I 92.00
Assistant Scientist 76.00
Research Assistant 53.00
OTHER PROFESSIONAL SERVICES
Principal Professional $170.00
Supervising Professional 150.00
Senior Professional III 135.00
Senior Professional II 120.00
Senior Professional I 105.00
Professional II 90.00
Professional I 80.00
DESIGN & GRAPHIC SERVICES
Senior Designer III 120.00
Senior Designer II 115.00
Senior Designer I 105.00
Designer II 95.00
Designer I 85.00
CAD Technician III 80.00
CAD Technician II 70.00
CAD Technician I 60.00
Graphics Designer II 90.00
Graphics Designer I 80.00
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $129.00
Construction Manager 117.00
Senior Project Engineer (Const.) 105.00
Senior Field Representative* 97.00
Construction Management Rep. II* 89.00
Construction Management Rep. I* 82.00
Prevailing Wage Field Rep. ** 111.00
ADMINISTRATIVE SERVICES
Senior Administrator 115.00
Senior Administrative Assistant III 85.00
Senior Administrative Assistant II 75.00
Senior Administrative Assistant I 70.00
Administrative Assistant III 60.00
Administrative Assistant II 55.00
Administrative Assistant I / Clerk 50.00
EXPENSES AND OUTSIDE SERVICES
In addition, identifiable non -salary costs that is directly attributable to the project such as reproduction casts, telephone charges, mileage, postage, etc., are
billed at actual met 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.
Cell phone usage is charged at $1 per labor hour for management personnel
v 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 $450.00 per hour with a 4-hour minimum per day.
Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for insurance costs.
PAYMENT TERMS
A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice.
This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of
business. L•\admin\tb\rates\env west ad rate 1-05 electmnicloc
175 Calle Magdalena • Encinitas, California 92024 • Telephone: 760-753-1120 • Fax: 760-753-0730 • www.pbsj.com
RPR-11-2005 08:11 FROM:PBSJ LEGAL
• , 10.
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305 599 2739
TO:619 336 4597 P.2'7
net , It V7 7 ,
ACORQ. CERTIFICATE OF LIABILITY INSURANCE
o /07ii 5
mummm (305)822-71100 FAX 3058270585
Collinsworth, Alter, Fowler, Dowling
French Group Inc.
P. 0. BOX 9315
Miami Lakes, FL 33014-9315
THIS CERTIFICATE 18 ISSUED AS A MATTER OF
ONLY AND CONFA.RS NO RIGHTS UPON THE CERTIFICATE
H&
AL ER E c VEERAOECAFFORDED 7 NPOLIC
INFORMATION
ES BB.OW.
INSURERS AFFORDING COVERAGE
NAIC I
mews Post, Buckley, Schuh, -& Jernigan, Inc.
d/b/a POW
2001 N4 107 Avenue
Miami. FL 33172-2507
1IOURERA Sentry Insurance a Mutual Ca *n
Ai XV
INBURERA Steadfast Insurance Company A XV
UeuRERC Llezds of London A XV
INBBRERO:
mamma
COVERAGES
THE pOI.IGIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU ED TOIHE INSURED NAMED ABOVE FOR THE PDtICY P1:RIOD P ICAT91, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT YRTH RESPECT TO IMIICN THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCJES DESCRIBBO heMEIN IS SUB.ECCT TO ALL THE TERM$, EXCW510NS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LINKS SHOWN MAY HAVE RgEN REDUCED BY PAID CLAIMS.
OISS
rnecrowRANCE
EO4LY IUE R
nAra MAW
I W
`
UNITS
A
GENERJLLUABIU,Y
X
CCEaAF1lCUl GEN6RAl LIABBJfY
90-15807-03
09/30/2004
09/30/200S
EACHOCCURRENCE
s 1,000,000
p LO?Gomm
cesAmeal
s 1.000. ODU
MANS MADE CX ocCUR
ISO mew" e,nosarn)
S 25,00I
X
Contractual Liab
PEA.7DNN.AIRVSWAT
A 1.000,000
DENERALACOPEGAiE
s 2,000.000
awl. 040aElaTEpLRMMT APPLIES PER
—IPOUCYIXIEt nLOC
rRODU.TS.CdIiIOP ABA
$ 2,000,000
A
AUTONO/IU
X
X
_
X
X
k
IMAM
a4YAU1U
ALL OWIIEDAUTOR
SCAM:ALsn AUroe
MRELIAUTOS
nowEiv EDAVros
Contractual LiabPROPERTY
90-15807-04
90-15807-05
09/30/2004
09/30/2005
coaBNnosANOLs LART
didd owq
s
1.000,080
WORT URT
Fa Mom)
s
sOOILY ,IWRY
(P..amdw_i
A
DAMAGE
I
(Per mcdoettt)
oAAAae
R
UABILITY
ANY AUTO
AUTO ONLY. enAecO!Ia
$
tiom GAACO
E
AUTO ONLY: ACC
S
B
'TiESCEGaRmBRELtALLmury
ii
X
AUC508762100
09/10/2004
09/30/21105
EACHOCcLRRFNCE
$ 25,000,000
OCCUR� CLARA MADE
DEDUCTIBLE
RETENTION A MOM
AossesAis
$ 2S,000,000
5
S
A
wIIRR=cOnPeNSATDNAND
BNPrarromre
uwwww lErorwARruER cUmIE
MINA
MI.LPRWtBIONB seat
90-15807-01
90-15&D7-02
NO
09/30/2004
09/30/2003
X JTo sT2,WO Mt
r.LeAr�Accl�Nr
s 1,000,000
$ 1,000,000
A 1.000.000
Limits
Aggregate
Retrodate
RA oiswe-EAPnndYee
E.L pubssu-POucYuurr
C
Pero essional/
Pollution Liability
P42304
CLAIMS -MADE FORM
09/30/2004
09/30/200S
S1,000,000
Ea Claim and Annual
11/11/1981
e
SEE
PITONr /oMadmntaAQM erycJiFLsomhear 2005-2006
SeweBilling LO/CATax.
ATTACHED
National City,. City of
Attns Toe Smith, Public barks Dept.
2100 Hoover Ave.
National City, CA 91950-0530
ACORD i5 (cooi 0S)
APR-07-2025 09:38AM FAX;
CANCELLATION
BMW ANY OF THE ANA& O9CNIrn POUCPa B!•c*,cnI..to AIEMNg ON
EEPIRATION OATS TNEREOP.INE IEM AS BISURBR MALL RNOW=N TO MAIL
30 wen waned NOTICE TO THE CRIIT CAT;,IOLDBa mom 10 TNBLIR.
BUT PAIUJRB ID NAB. MN NOTICE BNALL NMI AOOBurrLnOR OR immure
ure
OF ANY RND Noon TIP. II5ij . MC AG W TA OR RBPROSENTAPTE4
Alman 'cs REPILSENTAme
Meade Collinsworth/EEC
ID:PBSJ LEGAL
OACORD CORPORATION 1988
PAGE:002 R=95%
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r , p
' Arr. 7, 2005 9:;2AM
305 599 2739
TO:619 336 4597 P.3'7
Vo.8696 P, 3
National City, City of
Certificate issued to National City. City of
Collinsworth. Alter, owler, Dowling
04/07/200S
Named Insured: Post, Buckley, Schuh d Jernigan, Inc d/b/a PM]
04/07/2005
Certificate Holder: City of National City
Ref: Sewer Billing / Tax Roll Administration Services for Fiscal Year 200S-2D06
City of National City, and its officers, agents and employees are named additional insureds on the
General 6 Auto Liability. excluding professional services and on the Umbrella Liability (following form);
said policies shall be primary and non-contributory to that of the named additional insureds.
Issuing companies will provide 30 days written notice of cancellation and/or material reduction of
coverage/limits.
APR-07-2005 09:38f1 FAX:
ID:PBSJ LEGAL PAGE:003 R=95%
RPR-11-2005 0B:12 FROM:PBSJ LEGAL 305 599 2739 TO:619 336 4597 P.1,7
" Apr 7 2005_ 9:7:2AM — Vo.8696 P 1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the polcy(les) must be endorsed. A statement
on thie certificate does not confer rights to the certificate holder in Ileu of such endorsement(s).
if SUBROOATION IS WAIVED, subject to the terms and conditions at the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of Such endorsement(s).
DISCLAIMER
The Cedlflcate of Insurance on the reverse slue of this form does not constitute a contract between
the laming hsuret(s), authorized repreesntative or producer, and the certificate holder, nor dose It
affirmatively or negatively amend, extend or atter the coverage afforded by the polities listed thereon.
ACORD 26 MOMS)
APR-07-2005 09:38AM FAX:
ID:PBSJ LEGAL. PAGE:004 R=95%