HomeMy WebLinkAbout2009 CON PBS&J - Sewer / Tax Roll Admin FY 2009-2010AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PBS&J
THIS AGREEMENT is entered into this 21st day of April, 2009, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, a
Consulting Engineering Firm (the "CONSULTANT")
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide Sewer
Billing / Tax Roll preparation and administration services for Fiscal Year 2009-2010.
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.
Joe Smith hereby is designated as the Project Coordinator for the CITY and will
monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single
Project Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the
Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed $45,867 without prior written
authorization from the CITY. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished consistent
with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement, and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other
written notice. Within ten (10) business days, the CONSULTANT and the City shall each
prepare a report which supports their position and file the same with the other party. The City
shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. The term of this agreement is for a
period of one year from the date of signature of agreement, with the CITY having an option to
extend, for an addition one year at the same rate of compensation stated in section 4.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by
the CONSULTANT for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
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reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than what
was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the
rights, benefits, or privileges of the CITY's employees, including but not limited to retirement,
medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S
employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY, it
being understood that the CONSULTANT its agents, servants, and employees are as to the CITY
wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are
solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall comply with all applicable State and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
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of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants that
the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term
of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
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14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been
or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent
performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply
with all of the provisions of the Workers' 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.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance policies:
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A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage
arising out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
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representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, 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.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
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 CONSULTANT'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
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reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To CITY:
Joe Smith
Director of Public Works
1243 National City Boulevard
National City, CA 91950-4301
To CONSULTANT: PBS&J
9275 Sky Park Court, suite 200
San Diego, CA 92123
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
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❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
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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 TIONAL CITY
By:
/ /
Ron Morrison, Mayor
APPROVED AS TO FORM:
PBS&J
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - one signature)
By:
(Name)
Dean J. Gipson
(Print)
Division Manager — Associate Vice President
(Title)
George H. Eiser, III
City Attorney By:
Joseph S. Smith
(Print)
Division Manager — Vice President
(Title)
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MI
An employee -owned company
March 4, 2009
Mr. Joe H. A. Smith
Director of Public Works
City of National City
1243 National City Blvd.
National City, CA 91950-4301
EXHIBIT "A"
Page 1 of 6
SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF
NATIONAL CITY FOR TAX ROLL ADMINISTRATION FISCAL YEAR ENDING
2010
Dear Mr. Smith:
In response to your request, PBS&J is pleased to submit this proposal to the City of National City
(City) for financial services for the Tax Roll Administration for Annual Sewer Service Charges for
Fiscal Year Ending 2010.
It is our understanding that the City desires continued assistance with the annual administration
of their sewer service charges billed on the property tax bills. As part of this administration,
there is ongoing customer service required for commercial property owners who request
detailed breakdowns of sewer charges as they relate to multiple water meters that fall within
their properties. The number of calls remains steady throughout the year, which begins in
September when the property bills are first sent out by the County to the property owners and
continues throughout the year as property owners review their charges. The City's Public
Works staff initially handles phone calls and, if additional research or explanation is required,
the calls are forwarded to our team for follow-up. Based on last year's calls and the number of
calls already received since September, we anticipate approximately 30 phone calls each of
which will likely require research and preparation of a letter or fax response.
The tax roll administration for each fiscal year begins in January with coordination with
Sweetwater Authority to update the annual water consumption data. In June, current parcel
information from the County and business license data and building permits data from the City is
used to update the sewer customer database. The charges are prepared for adoption by the
City Council in late July of each year and are then placed on the tax roll. In addition to the tax
roll administration, properties that are owned by school districts and state and federal
governments, which do not pay property taxes, require a direct bill to be mailed out for the
collection of sewer charges. We prepare these bills annually.
Our proposed Scope of Services is outlined in Attachment A and Fees and Conditions are
outlined in Attachment B. We are sensitive to the economic times our clients are encountering
so we are proposing the same fee as last year. The level of effort will also remains the same as
it has for the past several years.
9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com
Mr. Joe Smith
March 3, 2009
Page 2 of 2
EXHIBIT "A"
Page 2 of 6
We appreciate the opportunity of offering this proposal, and we look forward to working with you on
this project. If you have any questions, please call our Project Manager, Karyn Keese at
858.514.1008 or me at 858.514.1021.
Respectfully submitted,
PBS&J
Dean J. Gipson, P.E.
Division Manager
PBS;
EXHIBIT "A"
Page 3 of 6
SCOPE OF SERVICES
FISCAL YEAR ENDING 2010
TAX ROLL ADMINISTRATION
March 4, 2009
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 does 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.
PBS]
Attachment A
March 3, 2009
Page 2 of 2
II. ADDITIONAL SERVICES
EXHIBIT "A"
Page 4of.6
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.
D. Survey of all commercial properties to determine if they are being billed correctly.
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 Clients 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.
PBS,
EXHIBIT "A"
Page 5 of 6
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEAR ENDING 2009
TAX ROLL ADMINISTRATION
March 4, 2009
A. The Services described in Section I, Scope of Services, will be provided on an hourly rate
basis with an estimated upper limit of $45,867 for 2010. A breakout of these fees by task is
included in the table below.
Task
FYE 2010
Task A — Tax Roll Preparation
$31,230
Task B — Customer Service
$13,864
Direct Expenses
$773
Totals
$45,867
B. The fees for the Services described in Section II, Additional Engineering Services, will be
provided on an hourly rate basis in accordance with the PBS&J Standard Rate Schedule in
effect at the time the services are performed. A copy of the current Standard Rate
Schedule is attached.
PBS;
An employee -owned company
PBS&J SOUTHWEST INFRASTRUCTURE
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2009
ENGINEERING SERVICES
Principal Engineer IV $219.00
Principal Engineer III 209.00
Principal Engineer II 196.00
Principal Engineer I 180.00
Supervising Engineer II 170.00
Supervising Engineer I 155.00
Senior Engineer III 145.00
Senior Engineer II 140.00
Senior Engineer I 130.00
Engineer III 120.00
Engineer II 115.00
Engineer I 105.00
Engineering Aide 70.00
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $143.00
Senior Project Engineer (Const.) 135.00
Construction Manager 130.00
Senior Field Representative* 115.00
Construction Management Rep. II* 100.00
Construction Management Rep. I* 90.00
Prevailing Wage Field Rep.** 125.00
Sr. Contract Administrator 110.00
Contract Administrator 85.00
OTHER PROFESSIONAL SERVICES
Principal Professional $196.00
Supervising Professional 170.00
Sr. Professional III / Sr. GIS Analyst III 150.00
Senior Professional II / Sr. GIS Analyst II 135.00
Senior Professional I / Sr. GIS Analyst I 122.00
Professional II / GIS Analyst II 101.00
Professional I / GIS Analyst I 88.00
EXHIBIT "A"
Page 6 of 6
DESIGN & GRAPHIC SERVICES
Senior Designer III $140.00
Senior Designer II 135.00
Senior Designer I 120.00
Designer II 110.00
Designer I 100.00
CAD Technician III 95.00
CAD Technician II 85.00
CAD Technician I 70.00
Graphics Designer II 100.00
Graphics Designer I 95.00
ENVIRONMENTAL SCIENCE
Supervising Scientist $195.00
Senior Scientist III 185.00
Senior Scientist II 175.00
Senior Scientist I 140.00
Scientist III 130.00
Scientist II 120.00
Scientist I 100.00
Assistant Scientist 85.00
Research Assistant 60.00
ADMINISTRATIVE SERVICES
Senior Administrator $110.00
Senior Administrative Assistant III 100.00
Senior Administrative Assistant II 85.00
Senior Administrative Assistant I 80.00
Administrative Assistant III 75.00
Administrative Assistant II 65.00
Administrative Assistant I / Clerk 60.00
EXPENSES AND OUTSIDE SERVICES
In addition, identifiable non -salary costs that are directly attributable to the project such as reproduction costs, telephone charges, mileage, postage, etc., are billed
at actual cost plus 15 percent to cover overhead and administration plus 3 percent for insurance costs.
Principal Engineer IV and litigation support rates negotiated on a contract by contract basis.
Computer Aided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5
per labor hour.
* Non -Prevailing Wage
** Prevailing Wage Rate - Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the above rates.
If applicable, a vehicle allowance of $900.00 per month will be charged for the use of a company vehicle assigned to a full-time inspector. This monthly allowance
will be prorated based upon hours worked for part-time inspection.
Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day.
Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for insurance costs.
PAYMENT TERMS
A 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.
H:\Admui\Public Works Admin\Standard Rate Sheets\Southwest Infrastructure Std Rate 0109 - Sll Ltrhd.doc
9275 Sky Park Court, Ste. 200 • San Diego, CA 92123 • Telephone: 858-874-1810 • Fax: 858-514-1001 • www.pbsj.com
ACORtD„ CERTIFICATE
OF LIABILITY INSURANCE
DATE(MM/DD/YY)
03/12/09
PRODUCER
Holmes Murphy and Associates - Omaha
2637 South 158th Plaza
Suite 200
Omaha, NE 68130
1-866-220-4625
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
INSURED
Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J
2001 NW 107th Avenue
Miami, FL 33172-2507
I
INSURER A Zurich American Insurance Company/#16535
INSURER B: Zurich American Insurance Company / #16535
INSURER C. Steadfast Insurance Company/#26387
INSURERD:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMO/DD/YYl
POLICY EXPIRATION
DATE IMMIDD/YY1
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
GLO 9139458-02
09/30/08
09/30/09
EACH OCCURRENCE
$1,000,000
X
FIRE DAMAGE (Any one ire)
$ 1, 000 , 000
CLAIMS MADE L X ] OCCUR
MED EXP (Any one person)
$ 25 , 000
X
Contractual Liability
PERSONAL 8 ADV INJURY
$ 1, 000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
1 POLICY X FF ? rX 1 LOC
PRODUCTS - COMP/OP AGG
$2,000,000
B
AUTOMOBILE
LIABILITY
ANY AUTO
A
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
X
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
C
EXCESS LIABILITY
AUC 508762104
09/30/08
09/30/09
EACH OCCURRENCE
$25,000,000
X
OCCUR L._J CLAIMS MADE
DEDUCTIBLE
RETENTION $0
AGGREGATE
$ 25, 000, 000
$
$
$
A
WORKERSCOMPENSATIONAND
EMPLOYERS' LIABILITY
WC 9139459-02
09/30/08
09/30/09
X WCSTATU- OTH
TQRY LIMITS ER.
E.L. EACH ACCIDENT
$ 1, 000, 000
E.L. DISEASE - EA EMPLOYEE
$ 1, 000 , 000
E.L. DISEASE -POLICY LIMIT
$ 1, 000, 000
OTHER
S
S
S
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Joe Smith Tax Roll Preparation FY 2009-2010r PBS&J No. p100007281
City of National City its officers, agents, employees, and volunteers are Additional Insureds on the General Liability 4
Automobile Liability on a Primary & Non -Contributory basis with respect to the operations of the insured on the above
project. Waiver of Subrogation on the Workers Compensation in favor of the City of National City.
See attached for additional wording.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
National City, City of
Attn: City Attorney
1243 National City Blvd.
National City, CA 91950
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EMAIL 30 DAYS WRITTEN
NOTICE TO THE CERTFICATE HOLDER NAMED TO TIE LEFT, EKRZIUUMEX5INNIMMIXXX
ATili UISIXSg4]Gtlt KNICSKX
xameraggraipcxxxxmlonocxxxxxxxxxxxxxxmoomoucmacxxxxxxxxx
AUTHORIZED REPRESENTATIVECl�
ACORD 25-S (7/97) levansne
11327806
Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877 669.8600
m 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)
J
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
03/12/09
NAME OF INSURED: Poet, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J
Additional Insured on the General Liability & Auto Liability on a Primary & Non -Contributory basis, 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.
NOTICE OF CANCELLATION WORDING:
SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR
NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE.
SUPP (10100)
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 9139457-02
Policy Eff/Exp: 9/30/08 — 9/30/09
Renewal of Number BAP 9139457-01
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING:
BUSINESS AUTO COVERAGE PART
SCHEDULE
NAME: City of National City, its officers, agents, employees & volunteers
1243 National City Blvd.
National City, CA 91950
RE: Joe Smith: Tax Roll Preparation FY 2009-2010; PBS&J No. p100007281
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 TUE 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)
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY
WC 04 03 06 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-
CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a
different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the poicy.)
This endorsement, effective on 09/30/2008at 12:01 A.M. standard time, forms a part of
(DATE)
Policy No. WC 9139459-02
Endorsement No. of the
ZURICH AMERICAN INSURANCE COMPANY
(NAME OF INSURANCE COMPANY)
issued to Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J
Premium (if any) $
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation pre-
mium otherwise due on such remuneration.
Schedule
Person or Organization
Job Description
City of National City
1243 National City Blvd.
National City, CA 91950
RE: Joe Smith: Tax Roll Preparation FY 2009-
2010; PBS&J No. p100007281
WC 252 (4-84)
WC 04 03 06 (Ed. 4-84)
Page 1 of 1
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 Pot,
Eff Date of Lind.
Producer
Add'. Prcm
Return Prem.
G LO9139458-02
09/30/08
09/30/09
09/30/08
S
$
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
U-G1.-1175-A C:W (9/03)
Page 1of2
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
I. 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
another 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 officers, agents, employees & volunteers
1243 National City Blvd.
National City, CA 91950
RE: Joe Smith: Tax Roll Preparation FY 2009-2010; PBS&J No. p100007281
lJ-G I. I 175-A CW (9/03)
Page 2 of 2
ACORD., CERTIFICATE OF LIABILITY INSURANCE
9/30/2009
DATE (MM/DD/YYYY)
3/12/2009
PRODUCER Lockton Companies, LLC-1 Kansas City
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816) 960-9000
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
NAIC #
INSURED POST, BUCKLEY, SCHUH AND JERNIGAN, INC.
1307320 DBA PBS&J
2001 NW 107 AVENUE
MIAMI FL 33172-2507
INSURER A • LLOYDS OF LONDON A XV
INSURER B
INSURER C
INSURER D
INSURER E
COVERAGES
PD
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
INSUR
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
INSRO
TYPE OF INSURANCE
POUCY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
UMITS
GENERAL
—
LIABILITY
COMMERCIAL GENERAL LIABILITY
NOT APPLICABLE
EACH OCCURRENCE
$
XXXXXXX
DAMAGE TO RENTED
PREMISES (Ea occurence)
$
XXXXXXX
CLAIMS MADE OCCUR
MED EXP (Any one person)
$
XXXXXXX
PERSONAL it ADV INJURY
$
XXXXXXX
GENERAL AGGREGATE
$
XXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER.
—I POLICY II ECOT 1ILOC
PRODUCTS - COMP/OP AGG
$
XXXXXXX
AUTOMOBILE
LIABILITY
ANY AUTO
NOT APPLICABLE
COMBINED SINGLE LIMIT
(Ea accident)
$
XXXXXXX
BODILY INJURY
(Per person)
$
XXXXXXX
BODILY INJURY
(Per accident)
$
XXXXXXX
PROPERTY DAMAGE
(Per accident)
$
XXXXXXX
GARAGELIABIUTY
1
ANY AUTO
NOT APPLICABLE
AUTO ONLY - EA ACCIDENT
$
XXXXXXX
OTHER THAN EA ACC
$
XXXXXXX
AUTO ONLY AGG
$
XXXXXXX
EXCESS/UMBRELLA
LIABILITY
NOT APPLICABLE
EACH OCCURRENCE
$
XXXXXXX
AGGREGATE
$
XXXXXXX
$
XXXXXXX
$
XXXXXXX
$
XXXXXXX
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED,
II yes. deaaee under
SPECIAL PROVISIONS below
NOr APPLICABLE
WC STATU-
TORY LIMITS OER
E.L. EACH ACCIDENT
$
XXXXXXX
E.L DISEASE - EA EMPLOYEE
$
X
E.L. DISEASE - POLICY LIMIT
$
XXXXXXX
A
A
OTHER
PROFESSIONAL./POLLUTION
LIABILITY
LDUSA080081 I
CLAIMS -MADE FORM
9/30/2008
9/30/2009
S1,000,000 EACH CLAIM & $1,000,000
ANNUAL AGGREGATE.
Il/II/1961 RE'IRODATE.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE JOE swill - TAX ROLL PREPARATION FY 2009-2010.
CERTIFICATE HOLDE
CANCELLATION
10470452
CITY OF NATIONAL CITY
ATTN: CITY ATTORNEY
1243 NATIONAL CITY BLVD.
NATIONAL CITY CA 91950
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESS
ill,AtA-
r D ACORD CORPORATION 1988
ACORD 25 (2001/08)
For Questions mprdig this certificate, contact the number listed in the 'Producer section above.
THIS DOCUMENT HAS A TRUE DEFENSA"" wATErw,,QK mon "^S'R' F Fy9°S O'SCFRNIRI F FROM ROTH SIDES
' re•,•p•d
BUSINESS UPENSEtERTOCATE
PURSUANT TO C TY ORDIC TH Si"U ENSE 1S NEREBY f RAN'TTED•FOR THE .T.ERM 4 PUB> 'STh
THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIRERS UNDER UV LIGHT
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
License No. 65275
T $65.00
ADMR $10.50
TOTAL ;75.50
RESOLUTION NO. 2009 — 79
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 2009-2010
WHEREAS, the City desires to employ a consultant to provide sewer billing/tax
roll preparation and administration services for Fiscal Year 2009-2010; 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 2009-2010. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 21st day of April, 2009.
on Morrison, Mayor
ATTEST:
vc.-41)
Mich el R. Dalla, ty Clerk
APPROVED AS TO FORM:
AC) 1f
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on April 21,
2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
iv
City Clerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-79 of the City of National City, California, passed and adopted
by the Council of said City on April 21, 2009.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
`its,r MEETING DATE April 21, 2009 AGENDA ITEM NO.
7
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement
with PBS&J to provide the City with sewer bill / tax roll administration and financial services for Fiscal
Year 2009-10 in the "Not to Exceed" amount of $45,867. (Sewer Service Fee funded).
PREPARED BY Joe Smith, Director
(Ext. 4587)
EXPLANATION
DEPARTMENT
Public Works
On June 17, 2003 the City Council, by resolution number 2003-88 approved an agreement with PBS&J to create a
database that was used to transfer the collection of sewer service fees to the County of San Diego Tax Rolls. This
resolution and agreement will provide similar Sewer Bill/Tax Roll Administration and financial services for Fiscal
year 2009-2010. The cost to provide these services are sewer service fee funded and shall not exceed the contract
amount, of $45,867 without prior written approval from the City.
This agreement will provide continued assistance with annual administration of our sewer service billing. This will
include the updating of any changes that may have occurred to the customer database. These changes will be matched
with the Sweetwater Authority's water accounts as well as the County Assessor's information and the associated
charges from these changes will be applied. PBS&J will then prepare a list of these changes for Council approval
subsequent to a public hearing. 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 and other services required to match Sweetwater
Authority's meter data, County Assessor information and/or National City's records. In addition, PBS&J will
response to customer phone calls, written inquiries and assist staff to respond to billing questions.
Environmental Review N/A
Financial Statement
Approved By.
Funds are available in the Wastewater Division's contract services account
Finance Director
Account No. 125-422-222-299
STAFF RECOMMENDATION
Adopt the Resolution authorizing the Mayor to enter into the agreement.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
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
April 29, 2009
Mr. Dean Gipson
PBS&J
9275 Sky Park Court, Suite 200
San Diego, CA 92123
Dear Mr. Gipson,
On April 21st, 2009, Resolution No. 2009-79 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.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
cc: Public Works Dept.
® RecycIcd Paper