HomeMy WebLinkAbout2008 CON PBS&J - Sewer / Tax Roll Admin FY 2008-09AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PBS&J
THIS AGREEMENT is entered into this 06th day of May, 2008, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
PBS&J, (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to conduct to
provide Sewer Billing / Tax Roll perparation and administration services for Fiscal Year
2008-2009.
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 Attachment "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.
Joe Smith hereby is designated as the Project Coordinator for the CITY
and will monitor the progress and execution of this Agreement. The CONSULTANT
shalt 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 Attachment "A" shall not
exceed the schedule given in Attachment "B" $45,867 as the Base amount without prior
written authorization from the City. Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Attachment "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 fumishing 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 with the City having
an option to extend, for anaddition one year at the same rate of compensation stated in
section 4.
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
tumed 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, after,
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
2 Revised August 2003
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 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 CONSULTANTs 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.
3 Revised August 2003
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 govemmental agency or involved in
debarment, arbitration or litigation proceedings conceming the CONSULTANT's
professional performance or the fumishing 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.
4 Revised August 2003
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, shalt not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (li) 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.
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 attomeys' 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
Govemment 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 attomey'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
5 Revised August 2003
purchase and maintain throughout the term of this agreement, the following insurance
policies:
XD 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
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 attomey's fees incurred in the prosecution or defense of the action or
6 Revised August 2003
suit shall not be considered in determining the amount of the judgment or award.
Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attomey's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attomey'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 bome 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 bome equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attomeys' 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 date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONSULTANTs 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
7 Revised August 2003
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, retum 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 ovemight 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 Califomia) 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:
Joe Smith
Director of Public Works
City of National City
2100 Hoover Avenue
National City, CA 91950-6530
To the CONTRACTOR: PBS&J
9275 Sky park court suite 200
San Diego, CA 92123
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (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.
8 Revised August 2003
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the
City Clerk of the City of National City in a timely manner on forms which the
CONSULTANT shall obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONSULTANT.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such 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. Attachments and Schedules. The Attachments 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 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
9 Revised August 2003
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 0 i;L TIONAL CITY PBS&J
(Two signatures required for a corporation)
By:
Ron Morrison, - yor
APPROVED AS TO FORM:
oft
George H. Eiser, III
City Attorney
10
BY: Q4,hYt" ) uA.
(Name)
N4530 a+e Vi clt. Pr Si derN+
(Title)
By:
(Title)
Revised August 2093
ATTACHMENT A
SCOPE OF SERVICES
FISCAL YEAR ENDING 2009
TAX ROLL ADMINISTRATION
April 1, 2008
In response to your request, PBS&J is pleased to submit this proposal to you for
financial services for the City of National City (Client).
I. SCOPE OF SERVICES
Based on our current understanding of the Project, PBS&J will provide the following
services:
A. Tax Roll Preparation
Based on current County Assessor's information, business license
applications and building permits, the sewer customer database will be
updated and matched with the Sweetwater Authority's water accounts
and annual usage. It should be noted that business license and building
permit data that is incomplete and do not match up with Assessor
Parcel Numbers cannot be updated. Data that cannot be matched will be
returned to the City for further research.
Using updated information, sewer charges will be calculated based on
approved sewer user rates for each fiscal year. The list of sewer charges
will be prepared for approval by the City Council and then submitted to
the County of San Diego for processing on the property tax rolls. Direct
bills will be sent to government agencies, such as the school district,
since they cannot be billed with the property tax bills. It is assumed that
30 (thirty) direct billing statements will be mailed.
B. Respond to Customer Inquiries
This task provides for responses to customer phone calls and inquiries
regarding the annual service charges. This proposal assumes that 30
phone calls will be received and that all of these customers will request
detailed breakdowns, in the form of written correspondence, regarding
their sewer bills and usage (because there are multiple meters on one
property, etc.). If additional calls are received, they will be addressed
as additional services.
Attachment A
Tax Roll Administration
Page 2 of 3
II. ADDITIONAL SERVICES
If requested by the Client, PBS&J will provide the following Additional Services,
beyond the services included in Section I, Scope of Services:
A. Additional customer inquiries beyond those addressed in Section I.
B. Meetings and any additional project related services not specifically
included in Section I, Scope of Services.
C. Field visits or additional research of parcels that do not match up with
Sweetwater's water meter data, business licenses or building permit
information.
III. CLIENT FURNISHED SERVICES
The following services or information will be provided by Client or its consultants:
A. Client shall provide PBS&J copies of all relevant reports, studies,
correspondence, and other relevant project information or data.
Customer water use data will be provided electronically, in a format
that can be converted to Microsoft Excel. Under this agreement for
services, PBS&J shall be entitled to rely upon the accuracy and
completeness of the information and financial data provided by the
Client in performing its services, without liability. Unless requested in
writing by Client, PBS&J will not, and have no obligation to perform
any manner of check, review or verify the accuracy or completeness of
the data provided.
B. Assign one person to serve as the Client's Project Manager who has
authority to represent the Client and will serve as the point of interface
for all project issues and communications. In addition, this person will
serve as the initial contact for customer inquiries regarding sewer
charges.
C. A complete written description of all pertinent project information and
issues, including all unusual or critical requirements of the Client.
D. Perform site visits to confirm water meter locations, service addresses,
or land use, as needed.
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEAR ENDING 2009
TAX ROLL ADMINISTRATION
April 1, 2008
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' $45,867 for
2009. Should the City wish to enter into a multi -year contract to provide
tax roll administration, each subsequent year would be adjusted by 5%
to account for inflation. A breakout of these fees by task is included in
the table below.
Task
FYE 2009
Task A — Tax Roll
Preparation
$31,230
Task B — Customer Service
$13,864
Direct Expenses
$773
Totals
$45,867
B. The fees for the Services described in Section II, Additional Engineering
Services, will be provided on an hourly rate basis in accordance with the
PBS&J Standard Rate Schedule in effect at the time the services are
performed. A copy of the current Standard Rate Schedule is attached.
LABOR ESTIMATE
Project Name: Tax Roll Administration
Client/Owner:
Project Manager.
Prepared By:
Proj/Prop No.:
Date:
City of National City
Karyn Keese
Karyn Keese
62194317
April 1, 2008
ENGINEERING SERVICES
Engineering Aide - EA
Engineer I - El
Engineer II - EII
Engineer III - EIII
Senior Engineer I - SEI
Senior Engineer II - SEII
Senior Engineer III - SEIII
Supervising Engineer I - SPEI
Supervising Engineer II - SPEII
Principal Engineer I - PRI
Principal Engineer I1- PRII
Principal Engineer III - PRIII
Principal Engineer IV - PRIV
ADMINISTRATIVE SERVICES
Adman Assistant I/Clerk - Al
Admin Assistant II (N6) - All
Admin Assistant III (N7) -AIII
Sr. Admin Assistant I (N8) - SAI
Sr. Admin Assistant II (N9) - SAJI
Sr. Admin Assistant 111 - SAIII
Senior Administrator - SA
OTHER PROFESSIONAL SERVICES
Professional UGIS Analyst - P1
Professional II/GIS Analyst II - PII
Sr. Prof. I/Sr. GIS Analyst I - SP!
Sr. Prof II/Sr. GIS Analyst II - SPII
Sr. Prof III/Sr. GIS Analyst III - SPIII
Supervising Professional - SP
Principal Professional - PP
JPMPBSJ PM003101
$70
$105
$115
$120
$130
$140
$145
$155
$170
$180
$196
$209
$219
$60
$65
$75
$80
$85
$100
$110
FEE SUMMARY
ITEM
Labor
Outside Services
Direct Costs
TOTAL
TOTAL
$45,094
$0
$773
$45,867
BILLING RATES
ENVIRONMENTAL SCIENCE
Research Assistant - RA
Assistant Scientist - AS
Scientist I - SI
Scientist II - SII
Scientist III - Sill
Senior Scientist I - SSI
Senior Scientist 1I - SSII
Senior Scientist III - SAIII
Senior Scientist IV - SSIV
CONSTRUCTION RELATED SERVICES
Contract Administrator - CA
Sr. Contract Administrator - CAS
Construction Mgmt Rep. I• - CMI
Construction Mgmt Rep. II* - CMII
Senior Field Representative* - SFR
Prevailing Wage Field Rep. - PWFR
Resident Engineer - SPEC
Construction Manager - CM
Senior Construction Manager - SCM
(' non-prevaLng wage)
DESIGN & GRAPHIC SERVICES
CADD Technician I (N7) - CTI
$90 CADD Technician II (N8) - CTII
$105 CADD Technician 111(N9) - CTIII
$125 Graphics Designer I (N10) - GDI
$140 Graphics Designer II (N11) - GDII
$150 Designer I - DI
$175 Designer II - DII
$196 Senior Designer I - SDI
Senior Designer II - SDII
Senior Designer III - SDIII
$60
$75
$100
$110
$120
$135
$175
$185
$220
$85
$110
$90
$100
$115
$114
$150
$135
$145
$70
$85
$95
$95
$100
$100
$110
$120
$135
$140
CA Offices: Encinitas, Keamy Mesa/San Diego, Orange, Los Angeles, Pasadena, Riverside, Sacramento, San Francisco
FILE: 2008 PBSJ fee est - west2
ACORQ. CERTIFICATE OF LIABILITY INSURANCE
DATE(MLVDO/YY)
09/18/07
PRODUCER
Bolmes Murphy and Associates - Omaha
2637 South 158th Plaza
Suite 200
Omaha, NE 68130
1-866-220-4625
INSURED
Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J
2001 NW 107th Avenue
Miami, FL 33172-2507
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURCRA:Zurieh American Insurance Company/4016535
INSURER O: Zurich American Insurance Corepany / 016535
INSURER C: Steadfast Insurance
Company/826387
INSURER 0:
INSURER F:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NOTWITHSTANDING
MAY BE ISSUED OR
OF SUCH
NNSR
LTRDATEIMLYDD1YYI
TYPE OFINSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
DATE (IMYDD/YYT
OMITS
A
GENERAL
UABIUTY
GLO 9139458-01
09/30/07
09/30/08
EACH OCCURRENCE
$ 1,000,000
X
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fires
$ 1,000,000
JCLAIMS MAOF X OCCUR
MED EXP (My one person)
$ 25, 000
X
Contractual Liability
PERSONAL & AUV INJURY
$1,000,000
_
GLNCRAL AGGREGATE
$ 2.000,000
GFNL
AGGREGATE OMIT APPLIES PER
policy I X I Fj19-1, I X I LOC
PRODUCTS - COMP/OP AGG
S 2,000,000
B
AUTOMOBILEUADILITY
BAP 9139457-01
09/30/07
09/30/08
B
X
ANY AUTO
BAP 9139486-01
09/30/07
09/30/08
OMBINED
(Endont)INGLE LIMIT
occi
52, 000, 000
—
ALL OWNED AUTOS
BODILY BODILY INJURY
—
SCHEDULED AUTOS
(Per person)
S
X
HIRED AUTOS
BODILY INJURY
X
NON -OWNED AUTOS
(For accident)
S
1 X
Contractual Liability
PROPERTY DAMAGE
(Per accident)
S
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
S
I
ANY AUTO
OTHER THAN EA ACC
_
S
AUTO ONLY: AGG
—
S
C
EXCESS
LIABILITY
ADC 508762103
09/30/07
09/30/08
EACH OCCURRENCE
$25,000,000
X 1
OCCUR 1 I CLAIMS MADE
AGGREGATE
$ 25, 000, 000
$
_
DEDUCTIBLE
S
RETENT)ON SO
S
A
WORKERS COMPENSATION AND
WC 9139459-01
09/30/07
09/30/08
XITORYIA . IOFfi
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
S 1, 000, 000
E.L. DISEASE - POLICY UMIT
S 1, 000, 000
OTHER
S
S
S
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESJEXCLUSIONS
ADDED BY ENDORSEMENT/SPECIAL
PROVISIONS
RE: Onging Sewer Billing/Tax
Roll preparation and administration
services for Fiscal Year 2007-2008 The City Of
National City, its officers, sa:ployees, and volunteers are Additional Insureds on the General Liability and Automobile
Liability on a Primary and Non -Contributory basis with respect to the operations of the insured on the above project.
See attached for additional wording.
LDER I 1 ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
City of National City
Attn: Mr. Joe Smith
1243 National City Blvd.
National City, CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUINQ INSURER WILL egfaXEXP2t MAIL 90 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
a
a
AUTHORIZED REPRESENTATIVE .i1Ei'i'
USA
ACORD 25-S (7/97) rflatowicz
7021948
ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of 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 Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7/97)
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
09/18/07
NAME OFINSURED: post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J
Additional Insured on the General Liability & Auto Liability on a Primary & Non -Contributory baaia, including
completed operations "Where Required by Contract" (GL ONLY). General Liabiltiy Aggregate limit applies per Project
Blanket Additional Insured Lessor/Loss Payee on the Auto Liability. Waiver of Subrogation on the General Liability
Auto Liability, and Workers Compensation "Where Required by Contract". Umbrella follows form to the Additional
Insureds on the General Liability.
SUPP (10/00)
.l "
Additional Insured — Automatic - Owners, Lessees Or
Contractors - Broad Form
Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a/ PBS&J
ZURICH
Policy No.
Eff. Date of Pol.
Exp. Date of Pol.
Eff. Date of End.
Producer
Add'l. Preen
Return Prem.
GLO9139458-01
09/30/07
09/30/08
09/30/07
$
$
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-
ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if:
1. The "bodily injury" or "property damage" results from your negligence; and
2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from:
a. Your ongoing operations; or
b. "Your work" completed as included in the "products -completed operations hazard",
performed for the additional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b.
That is any broader coverage than you are required to provide to the additional insured person or organization in the
written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi-
tional insured; or
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
Includes coovriahted material of Insurance Services Office. Inc. with its oerrnission.
U-GL-1175-A CW (9/03)
Page 1 of 2
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
1. We are notified as soon as practicable of an `occurrence" or offense that may result in a claim:
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an-
other insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location. Then we will share with that other insurance by the method de-
scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
Name of Person or Organization:
City of National City, its officials, employees, and volunteers
1243 National City Blvd.
National City, CA 91950
RE: Ongoing Sewer Billing/Tax Roll preparation and administration services for the Fiscal Year 2007 - 2008
U-GL-I175-A CW (9/03)
Page 2 of 2
COMMERCIAL INSURANCE
ENDORSEMENT
Insurance for this coverage part provided by:
Zurich American Insurance
ADDITIONAL INSURED
COMMERCIAL
AUTO INSURANCE
Named Insured: Post, Buckley, Schuh
& Jernigan, Inc. d/b/a PBS&J
Policy Number: BAP 9139457-01
Policy EfflExp: 9/30/07 - 9/30/08
Renewal of Number BAP 9139457-00
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING:
BUSINESS AUTO COVERAGE PART
SCHEDULE
NAME:
City of National City, its officials, employees, and volunteers
1243 National City Blvd.
National City, CA 91950
RE: Ongoing Sewer Billingfl'ax Roll preparation and administration services for the Fiscal Year 2007 - 2008
WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE
PERSON (S) OR ORGANIZATION (S) SHOWIN IN THE SCHEDULE BUT ONLY WITH
RESPECT TO THEIR LIABILITY ARISING OUT OF:
A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION
DESIGNATED, OR
B) ACTS OR OMISSIONS OF TIHE ADDITIONAL INSURED(S) IN CONNECTION
WITH THEIR GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCTION
SHOWN IN THE SCHEDULE.
FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE OR USE OF A COVERED
AUTO, THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE
AVAILABLE TO THE SCHEDULED INSURED.
U-CA-388-A (07-94)
RESOLUTION NO. 2008 — 75
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH PBS&J IN THE AMOUNT OF $45,867
TO PROVIDE SEWER BILLING/TAX ROLL PREPARATION
AND ADMINISTRATIVE SERVICES FOR FISCAL YEAR 2008-2009
WHEREAS, the City desires to employ a consultant to provide sewer billing/tax
roll preparation and administration services for Fiscal Year 2008-2009; and
WHEREAS, the City has determined that PBS&J is a professional consulting 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 hereby authorizes the Mayor to execute an Agreement with PBS&J in the amount
of $45,867 to provide sewer billing/tax roll preparation and administration services for Fiscal
Year 2008-2009. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of May, 20
Ron Morrison, Mayor
ATTEST:
Mic el R. Dana, C' y Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 6,
2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City CI rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-75 of the City of National City, Califomia, passed and adopted
by the Council of said City on May 6, 2008.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
13
MEETING DATE May 06,2008 AGENDA ITEM NO.
ITEM TITLE Resolution of the City of National City Council authorizing the Mayor to execute an
agreement with PBS&J in the amount of $45,867 to provide sewer biWtax roll administration and
financial services for Fiscal Year 2008-09 (Sewer Service Fee funded).
PREPARED BY Joe Smith, Direct r r DEPARTMENT Public Works
(Ext. 4587)(\1 tn.,V
EXPLANATION
See Attached.
Environmental Review .I NIA
Financial Statement
See Attached.
Approved By:
Account No.
inance Director
STAFF RECOMMENDATION
Adopt the Resolution authorizing the Mayor to enter into the agreement.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No. a 2 - v\
1. Resolution
2. Agreement
3. PBS&J Company Overview
A-200 (9/99)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 13, 2008
Ms. Karen Keese
Project Manager
PBS&J
9275 Sky Park Court, Suite 200
San Diego, CA 92123
Dear Ms. Keese,
On May 6"', 2008 Resolution No. 2008-75 was passed and adopted by the City
Council of the City of National City, authorizing execution of an agreement with
PBS&J.
We are forwarding for your records a certified copy of the above Resolution and
a fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Public Works Dept.
e Recycled Paper