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2012 CON Atkins North America - Amendment #2 Sewer/Tax Roll Admin, FY 11-12
SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC., (FORMERLY POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J)) FOR SEWER BILLING AND TAX ROLL PREPARATION AND ADMINISTRATION SERVICES This Second Amendment to Agreement is entered into this 3rd day of April, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ATKINS NORTH AMERICA, INC., (formerly Post, Buckley, Schuh & Jernigan, Inc. ("PBS&J")) a consulting engineering firm (the "CONSULTANT"). RECITALS A. WHEREAS, on June 08, 2010, CITY and ATKINS NORTH AMERICA, INC., entered into an agreement entitled Agreement by and between the City of National City and Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&J to provide sewer Billing and Tax Roll preparation and administrative service for Fiscal Year 2010-2011, for the not -to -exceed amount of $45,867. B. On April 19, 2011, CITY and CONSULTANT (together the "PARTIES") entered into a First Amendment to the Agreement memorializing the name change of the CONSULTANT from Post, Buckley, Schuh & Jernigan, Inc., ( PBS&J) to Atkins North America, Inc., effective April 1, 2011, and amended Section 6 of the Agreement (Length of the Agreement), to extend the term for one year for Fiscal Year 2011-2012, expiring on June 8, 2012, for the same amount of compensation. C. The Parties now desire to amend Section 6 of the Agreement to extend the term of the Agreement for an additional one-year through June 8, 2013 for services for Fiscal Year 2012-2013, for the not to exceed amount of $45,867. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on June 8, 2010, shall be amended by extending the term of the Agreement for an additional one-year for the not -to -exceed amount of $45,867 for Fiscal Year 2012-2013, as set forth in the attached Exhibit "A". The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated June 8, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: AP R ?' Morri on, Mayor ROVED AS TO FORM: C1a� Cit tua Silva ATKINS NORTH AMERICA, INC. (Corporation signatures of two corporate officers required) By ry V 1/�. l; -Je fifer Duffy Se or Group Manager By: J A n Bartholomew Associate Vice President ATKINS SCOPE OF SERVICES FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION March 14, 2012 In response to your request Atkins 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, Atkins will provide the following services: A. Tax Roll Preparation Based on current County Assessor's information, business license applicationsand 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. EXHIBIT "A" ATKINS If. ADDITIONAL SERVICES If requested by the Client, Atkins will provide the following AdditionalServices, beyond the services included in Section I, Scope of Services: Additional customer inquiries beyond those addressed in Section I. A. Meetings and any additional project related services not specifically included in Section I, Scope of Services. B. field visits or additional research of parcels thattto 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 Atkins copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customer water use data will be provided electronically by Sweetwater Authority, in a format that can be -converted to Microsoft Excel. Under this agreement for services, Atkins shall be entitled to rely upon the accuracy and completeness of the water usage information and financial data provided by the Client in performing its services, without liability. Unless requested in wilting by Client, Atkins will not, and have no obligation to perform any manner of check, review or verify the accuracy orcompleteness 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. ATKINS FEES AND CONDITIONS FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION March 14, 2012 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 2013. 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 2010 Task A —Tax Roll Preparation $31,230 Task B — Customer Service $13,864 Direct Expenses $773 Totals $45,867 The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the Atkins Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. I ATKINS SOUTHWEST INFRASTRUCTURE STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2012 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 $175.00 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 ENVIRONMENTAL SCIENCE SERVICES Supervising Scientist $225.00 Senior Scientist III 205.00 Senior Scientist II 170.00 Senior Scientist 1 160.00 Scientist III 140.00 Scientist II 120.00 Scientist I 110.00 Assistant Scientist 87.00 Research Assistant 65.00 Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, Califomia 92130 Telephone: +1.858.874.1810 Fax: +1.858.259.0741 www.atkinsgiobalcom/northamerica PUBLIC AFFAIRS/COMMUNITY RELATIONS Project Manager $170.00 Community Relations Specialist 140.00 Assistant Project Manager 125.00 Account Coordinator 80.00 OTHER PROFESSIONAL SERVICES Principal Professional $196.00 Supervising Professional 170.00 Sr. Professional III / Sr. GIS Analyst III 1'50.00 Senior Professional II / Sr. GIS Analyst II 135.00 Senior Professional l / Sr. GIS Analyst I 122.00 Professional II / GIS Analyst II 101.00 Professional I / GIS Analyst I 88.00 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 11 85.00 CAD Technician I 70.00 Graphics Designer II 100.00 Graphics Designer I 95.00 ADMINISTRATIVE SERVICES Senior Administrator $105.00 Senior Administrative Assistant I11 95.00 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 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 costs plus 3 percent for insurance costs. Fees for subconsultant services provided are billed at actual cost plus 1'5 percent to cover overhead and administration costs plus 3 percent for insurance costs. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Computer Aided Drafting, hydrologic water, sewer and stormwater modeling, GIS, automated mapping, database and web programming, etc, is charged at $5 per labor hour. 1f applicable, a vehicle allowance of $8.00 per hour will be charged for the use of a company vehicle assigned to an inspector. * Non -Prevailing Wage ** Prevailing Wage Rate - Overtime wilt be charged at 1.25 times and Sundays and holidays will be charged at 1.70 times the above rates. 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:V\dmm\Standard Rate Sheetst2011 Ratest2011 Standard Rate Sheet -San Diego.docx THE ATKINS NORTH AMERICA HOLDINGS CORPORATION, SUBSIDIARIES AND AFFILIATES Matrix Group I - Project and Contract Authorization Matrices August 2011 Notes: (1) International Compliance Committee =Corp CEO, International President, General Counsel, and CFO. (2) unless the agreement if a standard form (with no changes to the legal terms and conditions) it must be reviewed by Corporate Legal Counsel prior to execution. If Legal Counsel recommendations are not incorporated then Sector Level 1 manager (< $5M) or Director of Operations k $SMI approval required. (3) Subconsultant contracts must be approved according to the matrix hierarchy and either be approved or signed by someone other than the Project Manager. (a) Authority to execute Task Orders, Work Authorizations, Change Orders, or the like ("Task Agreement")under $500K and that do not change master contract legal terms or conditions can be executed by Project Manger. Task Agreement above $S00K must conform to the Authorization Matrix. (5) Contracts 2 $50M require CEO approval. For a Lump Sum Contract 2 $50M, approval by Atkins Chief Executive (ACE) is required 16) After October 1, 2010, International will not execute any further contracts without ACE approval. (7) Negative Cash Flow projects are those without monthly billing & payment terms, including any milestone 2 30 days or any unpaid staff investment not otherwise specified in the matrix Client and Subconsultant Contracts(1) (2) (3) (a) Entity Contracts (Corporate Seal) Contracts Projects with Negative Cash Flow('I <$1M is$IM&<$3M 2 $3M & <$5M 2$5M&<$20M 2520M8< $50M 1s) 2$1aoK&< $2S0K 2$250K&< $SOOK 2 $500K CORP N/A N/A N/A N/A N/A N/A N/A N/A N/A INC General Counsel Group level 1 or Project Director or Sr. Program Manager Practice Level 1 or Principal Project Director Sector Level 1 Director of Operations Group President Group President & FD CEO & FD ACE Intl le) General Counsel/ACE ACE ACE ACE ACE ACE ACE ACE ACE P.A. General Counsel/VP VP SVP President President President & GP President & FD CEO & FD ACE Michigan General Counsel/VP VP SVP President President President & GP President & FD CEO & FD ACE Caribe General Counsel/VP VP President President President Managing Partner Managing Partner & FD CEO & FD ACE A Ro® CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 04/`02/ 0 2' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. 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). PRODUCER Willis of New York, Inc. c/o 26 Century Blvd. P. O. Box 305191 Nashville, TN 37230-5191 CONTACT NAME: PHONE FAX (A/C NO.ExT1: 877-945-7378 (NC.NO): 888-467-2378 ADDRESS: certificates@willis.com INSURER(S)AFFORDING COVERAGE NAICe INSURER A: Underwriter's at Lloyds 15792-001 INSURED Atkins North America, Inc. 2001 NW 107th Avenue Miami, PL 33172-2507 I INSURERS: INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17646458 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF ADD'IlJJ SURF INSRQI WVD POLICY NUMBER POLICY EFP IMM/DDM'YY) POLICY EXP (MMIDD/ YYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ PREMISES(EaE�urence) $ MEDEXP(Any one person) $ CLAIMS -MADE OCCUR PERSONALBADV INJURY $ GENERAL AGGREGATE $ PRODUCTS- COMP/OP AGG $ GEN'L AGGREGATE POLICY LIMIT APPLIES PER: TiACT _LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED COMBINED SINGLE LIMIT $ BODILYINJURY(Per person) $ BODILY INJURY(Per accident) $ ( PPeOr accident) ) $ $ UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED 1 RETENTION $ WORKERS COMPENSATION ANDEMPLOYERT' S'LIABILY/N ANY PROPRIETOR/PARTNER/EXECUTIVE 7 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ff yes, describe under DESCRIPTION OF OPERATIONS below N/A WCSTATU- OTH- TORV LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ A Professional Liability B080111209P12 4/1/2012 4/1/2013 $1,000,000 Each Claim & $1,000,000 Annual.Aggregate 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required) Re: As needed financial consulting services for fiscal years 2010 and 2011 Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J changed its name officially to Atkins North America, Inc. Professional Liability policy written on claims -made basis. Underwriters at Lloyd's London AM Best Rating: A XV. ELLATION City of National City Attn: Joe Smith, Director of Public Works 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE e4; "el, Co11:3685795 Tp1:1424747 Cert:17646458 ©1988-2010ACORD CORPORATION -All rig htsreserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I. RISK DETAILS] UNIQUE MARKET REFERENCE: B080111209P12 TYPE: INSURED: B080111209P12 Willis Limited SIip91I702615 Primary Professional Indemnity Insurance A) W S Atkins plc formerly W S Atkins Ltd and/or Associated and/or SubsidiaryCompanies and Partnerships including but not limited to Faitbful+Gould (formerly Hanscomb Faithful & Gould) and the Houston, Texas office of MSL Engineering Ltd and as more fully defined herein but excluding the entities listed as INSURED B). B) The Atkins North America Holdings Corporation which is comprised of the following entities: Atkins North America Inc; Atkins Michigan hie; Atkins, P.A.; Peter R Brown Construction, Inc; Atkins Caribe, LLP; and the entities formerly known as: The PBSJ Corporation Post, Buckley, Schuh & Jernigan, Inc. doing business as PBS&J, PBS&J, P.A. PBS&J Caribe Engineering, C.S.P. PBS&J Constructors, Inc. PBS&J International, Inc. PBS&J Constmction Services, Inc. Seminole Development Corporation Post Buckley de Argentina SA. John Powell & Associates, Inc John Powell & Associates John Powell & Associates, a Sole Proprietor Dmham Technologies, Inc. Welker & Associates Tri-Line Associates, Inc. W. Koo & Associates, Inc. Croslin & Associates, Inc. Land & Water Consulting EIP Associates Eco Science Corporation Peter Brown Construction, Inc. PBS&J Caribe, LLP and/or Associated and/or Subsidiary Companies and Partnerships and as more fully defined herein." Page 1 Saved: 22/03/2012 16:40:00 THIS DOCUMENT HAS A TRUE OOCUCHECK'" WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 65275 CITY OF NATIONAL CI BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION Date of Expiration: 12/31/2012 CAUFORNIA *Ai BUSINESS ADDRESS 4030 W BOY SCOUTAIT N�jt /A AL Y STE 700 1, BUSINESS NAME ATKINS NORTH AMERICA, INCNconroass�D ATTN: MAILING ADDRESS NON TRANSFERABLE 4030 W BOY SCOUT BLVD STE 700 TAMPA, FL 33607-5713 POST IN A CONSPICUOUS PLACE City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 65275 T $65.00 TOTAL $65.00 RESOLUTION NO. 2012 — 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH ATKINS NORTH AMERICA, INC., FOR SEWER BILLING, TAX ROLL PREPARATION, AND ADMINISTRATIVE SERVICES FOR THE NOT TO EXCEED AMOUNT OF $45,867 FOR FISCAL YEAR ENDING 2013 WHEREAS, on June 8, 2010, the City Council adopted Resolution No. 2011-92, approving an Agreement with Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&J to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2010-2011 for the not -to -exceed amount of $45,867; and WHEREAS, on April 19, 2011, the City Council adopted Resolution No. 2011-92, approving a First Amendment to the Agreement memorializing the company's name change from Post, Buckley, Schuh & Jernigan, Inc., (" PBS&J") to Atkins North America, Inc. ("Atkins"), effective April 1, 2011, with all other terms and conditions of the Agreement remaining the same; and WHEREAS, the City and Atkins desire to amend Section 6 of the Agreement (Length of the Agreement) to extend the term of the Agreement for one-year, expiring on June 8, 2013, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2012-2013 for the not -to -exceed amount of $45,867, and a total not to exceed amount of $91.734. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement between the City of National City and Atkins North America, Inc., to extend the Agreement for a one-year term, expiring June 30, 2013, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2012-2013, in the amount of $45,867. Said Second Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 201 nson, nnayor ATTEST: II Michael R. Dalla, City Clerk "" ilVED AS ' 0 FORM: a. . �J .�:'s Cla": is Gacitua . ilva City Attorney Passed and adopted by the Council of the City of National City, California, on April 17, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /i City rk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-87 the City of National City, California, passed and adopted by the Council of said City on April 17, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT -6 MEETING DATE: April 17, 2012 AGENDA ITEM NO. 8 TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the current contract with Atkins North America, Inc., formerly PBS&J, for sewer billing services, tax roll preparation/financial administrative services for the not to exceed amount of $45,867 for fiscal year ending 2013. This second amendment to the current contract will increase the overall agreement to $91,734. Funds are available in the Wastewater Division contract service account. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: See attached explanation. DEPARTMENT: P blic W rks APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. 125-422-222-299-0000 APPROVED: APPROVED: Sufficient funds are available in Wastewater Division's contract services account ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Second Amendment to Agreement with Atkins North America BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: :xplanation 'roposed Second Amendment Proposed Resolution 'i } t Explanation On June 17, 2003 the City Council by resolution number 2003-88 approved the creation of a database that was used to transfer the collection of sewer service fees to the County of San Diego Tax Rolls. Each year since we have created a similar database that is delivered to the County of San Diego Assessor's office for this reason. This resolution and second amended agreement will provide similar Sewer Billing, Tax Roll Administration and Financial services for Fiscal year 2012-2013. If approved Atkins North America, Inc., (Atkins), formerly known as Post, Buckley, Schuh & Jernigan, Inc (PBS&J), will provide these services at the same rate of compensation and under the same terms as stated in our present agreement through June 08, 2013. The cost of these services for fiscal year ending 2013 shall not exceed the contract amount of $45,867 without prior written approval from the City. This second amendment to the current contract will increase the overall agreement amount between the City of National City and Atkins to $91,734. This contract will be funded through the Wastewater Division's contract services account number 125-422-222-299. This amended 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. Atkins 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 for their review, approval, and implementation. 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, Atkins staff members will respond to customer phone calls, written inquiries and assist City staff to respond to billing questions. As time is of the essence Staff request that the City Council approve the second amendment and authorize the contract extension with Atkins. This will allow sufficient time to interface with Sweetwater Authority, compile the needed data from City departments and their staff, build a compatible database, perform quality control review (Q&A), prepare for a public hearing, and then perform a second round of Q&A with County staff to insure the billing data is accurate prior to going on the tax rolls. These tasks must be preformed in a timely manner to insure that all information is delivered to the County prior to their mandated deadlines. Staff believes that because of Atkins' intimate knowledge of National City's sewer billing matrix and database format that they are best qualified to provide the City consultant services to accomplish this task within the deadlines set by the County Assessor. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH ATKINS NORTH AMERICA, INC., FOR SEWER BILLING, TAX ROLL PREPARATION, AND ADMINISTRATIVE SERVICES FOR THE NOT TO EXCEED AMOUNT OF $45,867 FOR FISCAL YEAR ENDING 2013 WHEREAS, on June 8, 2010, the City Council adopted Resolution No. 2011-92, approving an Agreement with Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&J to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2010-2011 for the not -to -exceed amount of $45,867; and WHEREAS, on April 19, 2011, the City Council adopted Resolution No. 2011-92, approving a First Amendment to the Agreement memorializing the company's name change from Post, Buckley, Schuh & Jernigan, Inc., (" PBS&J") to Atkins North America, Inc. ("Atkins"), effective April 1, 2011, with all other terms and conditions of the Agreement remaining the same; and WHEREAS, the City and Atkins desire to amend Section 6 of the Agreement (Length of the Agreement) to extend the term of the Agreement for one-year, expiring on June 8, 2013, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2012-2013 for the not -to -exceed amount of $45,867, and a total not to exceed amount of $91.734. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement between the City of National City and Atkins North America, Inc., to extend the Agreement for a one-year term, expiring June 30, 2013, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2012-2013, in the amount of $45,867. Said Second Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC., (FORMERLY POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J)) FOR SEWER BILLING AND TAX ROLL PREPARATION AND ADMINISTRATION SERVICES This Second Amendment to Agreement is entered into this 3rd day of April, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ATKINS NORTH AMERICA, INC., (formerly Post, Buckley, Schuh & Jernigan, Inc. ("PBS&J")) a consulting engineering firm (the "CONSULTANT"). RECITALS A. WHEREAS, on June 08, 2010, CITY and ATKINS NORTH AMERICA, INC., entered into an agreement entitled Agreement by and between the City of National City and Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&J to provide sewer Billing and Tax Roll preparation and administrative service for Fiscal Year 2010-2011, for the not -to -exceed amount of $45,867. B. On April 19, 2011, CITY and CONSULTANT (together the "PARTIES") entered into a First Amendment to the Agreement memorializing the name change of the CONSULTANT from Post, Buckley, Schuh & Jernigan, Inc., ( PBS&J) to Atkins North America, Inc., effective April 1, 2011, and amended Section 6 of the Agreement (Length of the Agreement), to extend the term for one year for Fiscal Year 2011-2012, expiring on June 8, 2012, for the same amount of compensation. C. The Parties now desire to amend Section 6 of the Agreement to extend the term of the Agreement for an additional one-year through June 8, 2013 for services for Fiscal Year 2012-2013, for the not to exceed amount of $45,867. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on June 8, 2010, shall be amended by extending the term of the Agreement for an additional one-year for the not -to -exceed amount of $45,867 for Fiscal Year 2012-2013, as set forth in the attached Exhibit "A". The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated June 8, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ATKINS NORTH AMERICA, INC. (Corporation — signatures of two corporate officers required) By: Ernesto Aguilar, PE Vice President By: Carmen Kasner, PE Associate Vice President AT KINS SCOPE OF SERVICES FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION March 14, 2012 In response to your request Atkins 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, Atkins 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. EXHIBIT "A" ATKINS II. ADDITIONAL SERVICES If requested by the Client, Atkins will provide the following Additional Services, beyond the services included in Section I, Scope of Services: Additional customer inquiries beyond those addressed in Section I. A. Meetings and any additional project related services not specifically included in Section I, Scope of Services. B. Field visits or additional research of parcels that do not match up with Sweetwater's water meter data, business licenses or building permit infomiation. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Client shall provide Atkins copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customerwater use data will be provided electronically by Sweetwater Authority, in a format that can be converted to Microsoft Excel. Under this agreement for services, Atkins shall be entitled to rely upon the accuracy and completeness of the water usage information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, Atkins 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. 6 T INS FEES AND CONDITIONS FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION March 14, 2012 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 2013. 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 2010 TaskA—Tax Roll Preparation $31,230 Task B — Customer Service $13,864 Direct Expenses $773 Totals $45,867 The fees for the Services described in Section II, Additional Engineering Services, will be provided on an hourly rate basis in accordance with the Atkins Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. ATKINS SOUTHWEST INFRASTRUCTURE STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2012 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 $175.00 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 ENVIRONMENTAL SCIENCE SERVICES Supervising Scientist $225.00 Senior Scientist III 205.00 Senior Scientist II 170.00 Senior Scientist I 160.00 Scientist III 140.00 Scientist II 120.00 Scientist I 110.00 Assistant Scientist 87.00 Research Assistant 65.00 Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, Califomia 92130 Telephone: +1.858.874.1810 Fax: +1.858259.0741 www.atki ns global.comin o rthamerica PUBLIC AFFAIRSICOMMUNITY RELATIONS Project Manager $170.00 Community Relations Specialist 140.00 Assistant Project Manager 125.00 Account Coordinator 80.00 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 DESIGN & GRAPHIC SERVICES Senior Designer III $140.00 Senior Designer II 135.00 Senior Designer I 120.00 Designer II 110.00 Designer 1 100.00 CAD Technician III 95.00 CAD Technician 11 85.00 CAD Technician I 70.00 Graphics Designer II 100.00 Graphics Designer I 95.00 ADMINISTRATIVE SERVICES Senior Administrator $105.00 Senior Administrative Assistant III 95.00 Senior Administrative Assistant II 85.00 Senior Administrative Assistant I 80.00 Administrative Assistant III 75.00 Administrative Assistant 11 65.00 Administrative Assistant I / Clerk 60.00 EXPENSES AND OUTSIDE SERVICES 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 costs plus 3 percent for insurance costs. Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration costs plus 3 percent for insurance costs. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Computer Aided Drafting, hydrologic water, sewer and stormwater modeling, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. If applicable, a vehide allowance of $8.00 per hour will be charged for the use of a company vehide assigned to an inspector. * Non -Prevailing Wage ** Prevailing Wage Rate - Overtime will be charged at 1.25 times and Sundays and holidays will be charged at 1.70 times the above rates. PAYMENTTERMS 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:Wdn:nlStandard Rate Sl,eela12011 Rates12011 Standard Rate Sheet - San Diego.docx OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax April 23,2012 Ms. Jennifer Duffy Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, CA 92130 Dear Ms. Duffy, On April 17`h, 2012, Resolution No. 2012-87 was passed and adopted by the City Council of the City of National City, authorizing execution of a Second Amendment to an Agreement with Atkins North America, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Public Works Dept.