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HomeMy WebLinkAbout2013 CON Atkins North America - Sewer/Tax Roll Admin FY 13 -14 - Amendment #3THIRD AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC., FOR SEWER BILLING AND TAX ROLL PREPARATION AND ADMINISTRATION SERVICES This Third Amendment to Agreement is entered into this l6th day of April, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ATKINS NORTH AMERICA, INC., a consulting engineering Firm (the "CONSULTANT"). RECITALS A. WHEREAS, on June 08, 2010, CITY and Consultant, entered into an agreement entitled Agreement by and between the City of National City and Post, Buckley, Schuh & Jernigan, Inc., D/B/A PBS&.I 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 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. On April 17, 2012, CITY and CONSULTANT (together the "PARTIES") entered into a Second Amendment to the Agreement and amended Section 6 of the Agreement (Length of the Agreement), to extend the term for one year for Fiscal Year 2012-2013, expiring on June 8, 2013, for the same amount of compensation. D. The Parties now desire to amend Section 6 of the Agreement to extend the term of the Agreement for an additional one-year term through June 8, 2014, for services for Fiscal Year 2013-2014, for the not to exceed amount of $45,867. NOW, TI-IEREFORE, 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 term for the not -to - exceed amount of $45,867 for Fiscal Year 2013-2014, 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 Third Amendment to the Agreement o he date and year first above written. CITY OF (TIONAL CITY By: n orrison, Mayor PPRO.R31 AS TO FORM: C'udia itua Silva ity A ATKINS NORTH AMERICA, INC. By: By: Carmen Kasner Vice Pres dent/Senior Group Manager J fn Bartholomew Associate Vice President Exhibit A AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND POST, BUCKLEY, SCHUH & JERNIGAN, Inc. DB/A PBS&J THIS AGREEMENT is entered into this 8th day of June, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Post, Buckley, Schuh & Jernigan, Inc. (D/B/A 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 2010-2011. WHEREAS, the CITY has determined that the CONSULTANT is an engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 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 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, for up to three years. 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 2 City's Standard Agreement —2009 revision 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-appiieable-terms of thi�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 3 City's Standard Agreement —2009 revision 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 C1TY 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 CTTY'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 apeetf_ ied-menrol-speeifieddTthen ' nabic-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. 4 CSty's Standard Agreement —2009 revision 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 CONSULTANTS 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: 5 City's Standard Agreement —2009 revision ® 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 C1TY, its officers, employees, and volunteers, so that any other policies held by the C1TY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the C1TY 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 pproved- b bynun-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 6 City's Standard Agreement —2009 revision 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. Attomey'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 _ ONSUi TANT in- 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 7 city', Standard Agreement —2009 revision 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 ovemight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of 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) h etier--mailed-or-deli s Seetio 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. 8 City's standard agreement —2009 revision ❑ 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 City's Standard Agreement —2009 revision has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY B hris Zapata, Ti ty Manager APPROVED AS TO FORM: f George H. Eiser, III City Attomey POST, BUCKLEY, SCHUH & JERNIGAN, Inc. (DB/A PBS&J) (Corporation —signatures of two corporate officers) (Partnership —one signature) (Sole proprietorship — one signature) By: (4161 " 1 (Name) Richard M. Grubel (Print) Senior Vice President (Title) By: 2, (Name) Rene de los Rios 2 _ 10 (Print) Assistant Secretar lsi,,,a1r,,,,,,, .t'`ASCHUH JFs (Title) 0 v....4;s L !SEA _,� C . o? 1960 !z 7.c- .' ORtOp' City's Standard Agreement —2009 revision PBSI • An employee -owned company May 6, 2010 Mr. Joe H. A. Smith Director of Public Works City of National City Public Works Department 2100 Hover Ave. National City, CA 91950 Exhibit nAn SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY FOR TAX ROLL ADMINISTRATION FOR *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 of San Diego to the property owners, then continue 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 to follow up on them. Based on last year's calls and the number of calls already received since September, we anticipate approximately 30 phone calls —that-wilt-require-research-and-preparation-eta-letter-er-fay-------- - 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 are 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, such as schools and state and federal governments that do not pay property taxes, require a direct bill to be mailed out for the collection of sewer charges. We prepare these letters annually. Our proposed Scope of Services is outlined in "Attachment A" and our Fees and Conditions are outlined in "Attachment B." It should be noted that there is no change in the fees from our 2009 proposal. The level of effort remains the same as it has for the past year. 9275 Sky Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax:858.514.1001 • www.pbsj.com May 6, 2010 Joe H. A. Smith Page 2 of 2 We appreciate the opportunity of offering this proposal and we look forward to working with you on this project. if you have any questions, please call our Project Manager, Karyn Keese, at 858.514.1008. Respectfully submitted, PBS&J Dean Gip Associate Vice Prdsident Attach: A — Scope of Services B — Fees and Conditions ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION May 6,2010 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). 1. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Tax Roll Preparation Based on current County Assessor's information, business license applications and building permits, the sewer customer database will be updated and matched with the Sweetwater Authority's water accounts and annual usage. It should be noted that business license and building permit data that is incomplete and do not match up with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will be returned to the City for further research. Using updated information, sewer chargeswill 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 govemment 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-eharves This -proposal -assumes hat3C-phone-calls-wil 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. 11. ADDITIONAL SERVICES If requested by the Client, PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Additional customer inquiries beyond those addressed in Section I. May 6, 2010 FYE 2010 Tax Roll Attachment A Page 2 of 2 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. 1I1. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customer water use data will be provided electronically, in a format that can be converted to Microsoft Excel. Under this agreement for services, PBS&J shall be entitled to rely upon the accuracy and completeness of the information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, PBS&J will not, and have no obligation to perform any manner of check, review or verify the accuracy or completeness of the data provided. B. Assign one person to serve as the Client's Project Manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. In addition, this person will serve as the initial contact for customer inquiries regarding sewer charges. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. PBS ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION May 6, 2010 A. The Services described in Section 1, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $45,867 for 2010. 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. 0 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. 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 It 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 Supervising Scientist $220.00 Senior SdenUst III 185.00 Senior Scientist II 165.00 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 PBS&J SOUTHWEST INFRASTRUCTURE STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2010 PUBLIC AFFAIRS SERVICES 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 11 / Sr. GIS Analyst II 135.00 Senior Professional I / Sr. GIS Analyst I 122.00 Professional II / GIS Analyst I1 101.00 Professional I / GIS Analyst I 88.00 DESIGN & GRAPHIC SERVICES Senior Designer III $140.00 Senior Designer 11 135.00 Senior Designer I 120.00 Designer II 110.00 Designer I 100.00 CAD Technician III 95.00 CAD Technician I1 85.00 CAD Technidan I 70.00 Graphics Designer II 100.00 Graphics Designer I 95.00 ADMINISTRATIVE SERVICES Senior Administrator $110.00 Senior Administrative Assistant III 100.00 Senior Administrative Assistant I1 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 attritiutabe 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. Prindpal 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 -- Prevaf ing 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 vehide 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 bl led 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:WdimWuLra Works AdmireStarulard Rate Sheeta12010 RateraSouCwest Infrastructure Std Rate 0110- SAN{1GO Ltrd.deox 9275 Sky Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com RESOLUTION NO. 2013 — 54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD 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 2014 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, on April 17, 2012, the City Council adopted Resolution No. 2012-92, approving the Second Amendment to the Agreement to extend the Agreement for a one-year term, expiring June 30, 2013, to provide services for Fiscal Year 2012-2013, in the amount of $45,867; 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 another one-year term, expiring on June 8, 2014, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2013-2014 for the not -to -exceed amount of $45,867, for a total not to exceed amount of $137,601. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third 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 8, 2014, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2013-2014, in the not to exceed amount of $45,867. Said Third Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of April, 2 Morrison, Mayor ATTEST: PROVED AS TO FORM: Michel R. Dalla, Ci y Clerk City Attor Silva Passed and adopted by the Council of the City of National City, California, on April 16, 2013 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: Councilmember Cano. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California LtZIAY City Cle k of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-54 of the City of National City, California, passed and adopted by the Council of said City on April 16, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 4; "METING DATE: April 16, 2013 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the current contract with Atkins North America, Inc. for sewer billing services, tax roll preparation/financial administrative services for the not to exceed amount of $45,867 for fiscal year ending 2014. The appropriations for the prior years have been expended and this Third Amendment to the current contract will increase the overall agreement to $137,601. Funds are available in the Wastewater Division contract service account. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: See attached explanation. DEPARTMENT: Public Works APPROVED BY: F .A FINANCIAL STATEMENT: ACCOUNT NO. 125-422-222-299-0000 Increase Agreement by $45,867 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Third Amended Agreement with Atkins North America BOARD / COMMISSION RECOMMENDATION: rTACHMENTS: .xplanation Third Amendment Exhibit "A" April 16, 2013 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 Third Amended Agreement will provide similar Sewer Billing, Tax Roll Administration and financial services for Fiscal Year 2013- 2014. If approved Atkins North America, Inc., (Atkins) will provide these services at the same rate of compensation and at the same terms as stated in our present agreement through June 08, 2014. The cost of these services shall not exceed the contract amount, of $45,867 without prior written approval from the City. This Third Amendment to the current contract will increase the overall agreement amount, between the City of National City and Atkins to $137,601. This Amendment is allowed under Section 6 of the agreement, (Length of the Agreement) and will be funded through the Wastewater Division's contract services account number 125-422-222-299. 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. 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. This amendment 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. Should the City fail to meet the County's deadline National City will not be allowed to use the County's Tax Roll as a vehicle to deliver our Sewer Service billing and the City could lose sewer service fee revenue. THIRD AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC., FOR SEWER BILLING AND TAX ROLL PREPARATION AND ADMINISTRATION SERVICES This Third Amendment to Agreement is entered into this 16th day of April, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ATKINS NORTH AMERICA, INC., a consulting engineering firm (the "CONSULTANT"). RECITALS A. WHEREAS, on June 08, 2010, CITY and Consultant, 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 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. On April 17, 2012, CITY and CONSULTANT (together the "PARTIES") entered into a Second Amendment to the Agreement and amended Section 6 of the Agreement (Length of the Agreement), to extend the term for one year for Fiscal Year 2012-2013, expiring on June 8, 2013, for the same amount of compensation. D. The Parties now desire to amend Section 6 of the Agreement to extend the term of the Agreement for an additional one-year term through June 8, 2014, for services for Fiscal Year 2013-2014, 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 term for the not -to - exceed amount of $45,867 for Fiscal Year 2013-2014, 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 Third 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. By: Carmen Kasner Vice President/SeniorGroup ager n Bartholomew Associate Vice President Exhibit A AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND POST, BUCKLEY, SCHUH & JERNIGAN, Inc. D/B/A PBS&J THIS AGREEMENT is entered into this 8th day of June, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Post, Buckley, Schuh & Jernigan, Inc. (DB/A 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 2010-2011. WHEREAS, the CITY has determined that the CONSULTANT is an engineering firm 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 setforth inihe_altached 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. Karin 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, for up to three years. 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 2 City's Standard Agreement —2009 revision 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 C1TY'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. hiringas 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 adher to-the--applicable-terns-of-this A-greernent 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 Cay's Standard Agreement —2009 revision 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 $pccif.: , hetrnet-specifiedthen-within nable-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. 4 City's Standard Agreement —2009 revision 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 shalt 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 C1TY. 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 a1 -o - e provisions 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 C1TY 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: 5 Ctty'a Standard Agreement-2009 revision ® 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-Cityls k-Mauag fled - "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 6 C ky's Standard Agreement —2009 revision 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 uponthe 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 imconnection with th formation ofttKs lgreement or the perftirriranceof- 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 7 City's Standard Agreement —2009 revision 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 ovemight 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-( 8)-houfs-by--lettertnaiied-er-delivcrcd.aspeeifid n-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 fmancial 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 fmancial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 City's Standard Agreement —2009 revision ❑ 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 -hereoL 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 9 City's Standard Agreement —2009 revision has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY B APPROVED AS TO FORM: drJ POST, BUCKLEY, SCHUH & JERNIGAN, Inc. (D/B/A PBS&J) (Corporatiori — signatures of two corporate officers) (Partnership — one signature) (Sok proprietorship — one signature) By:/6" 1q (Name) Richard M. Grubel (Print) Senior Vice President George H. Eiser, III (Title) City Attorney By: ��— (Name) Rene de los Rios 10 (Print) -AssIStant Secre uvunrr,;,, ff SCUUy (Title) �•'J1$5:-•"(tPD�r'. ;fo c SEAL WI '~z /' .1960 I.*" ,� \41ORtOt' ,'''IIf,f,'t e e t h'.\`,\,,\ Cky's Standard Agreement —2009 revision Exhibit "A" An employee -owned company May 6, 2010 Mr. Joe H. A. Smith Director of Public Works City of National City Public Works Department 2100 Hover Ave. National City, CA 91950 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL SERVICES FOR THE CITY OF NATIONAL CITY FOR TAX ROLL ADMINISTRATION FOR 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 of San Diego to the property owners, then continue 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 to follow up on them. Based on last year's calls and the number of calls already received since September, we anticipate approximately 30 phone calls tttat wil! require--research-and-preparation-of-a-letter-or-fax: -- - — — 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 are 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, such as schools and state and federal govemments that do not pay property taxes, require a direct bill to be mailed out for the collection of sewer charges. We prepare these letters annually. Our proposed Scope of Services is outlined in "Attachment A" and our fees and Conditions are outlined in "Attachment B." It should be noted that there is no change in the fees from our 2009 proposal. The level of effort remains the same as it has for the past year. 9275 Sky Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com May 6, 2010 Joe H. A. Smith Page 2 of 2 We appreciate the opportunity of offering this proposal and we look forward to working with you on this project. If you have any questions, please call our Project Manager, Karyn Keese, at 858.514.1008. Respectfully submitted, PBS&J Dean Gip Associate Vice P -sident Attach: A — Scope of Services B — Fees and Conditions PBS, ATTACHMENT A SCOPE OF SERVICES FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION May 6, 2010 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). 1. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following services: A. Tax Roll Preparation Based on current County Assessor's information, business license applications and building permits, the sewer customer database will be updated and matched with the Sweetwater Authority's water accounts and annual usage. It should be noted that business license and building permit data that is incomplete and do not match up with Assessor Parcel Numbers cannot be updated. Data that cannot be matched will be retumed 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 govemment 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-hat3fl phone-cals-wilFbe-reeeived------------ 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. 1I. ADDITIONAL SERVICES If requested by the Client, PBS&J will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. Additional customer inquiries beyond those addressed in Section I. May6,2010 FYE 2010 Tax Roll Attachment A Page 2 of 2 B. Meetings and any additional project related services not specifically included in Section I, Scope of Services. C. Field visits or additional research of parcels that do not match up with Sweetwater's water meter data, business licenses or building permit information. III. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Client shall provide PBS&J copies of all relevant reports, studies, correspondence, and other relevant project information or data. Customer water use data will be provided electronically, in a format that can be converted to Microsoft Excel. Under this agreement for services, PBS&J shall be entitled to rely upon the accuracy and completeness of the information and financial data provided by the Client in performing its services, without liability. Unless requested in writing by Client, PBS&J will not, and have no obligation to perform any manner of check, review or verify the accuracy or completeness of the data provided. B. Assign one person to serve as the Client's Project Manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. In addition, this person will serve as the initial contact for customer inquiries regarding sewer charges. C. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. Perform site visits to confirm water meter locations, service addresses, or land use, as needed. ATTACHMENT B FEES AND CONDITIONS FISCAL YEAR ENDING 2010 TAX ROLL ADMINISTRATION May 6, 2010 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. 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 B. The fees for the Services described in Section 1I, 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. PBST vAaaaaJ•� 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 1 130.00 Engineer HI 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 Supervising Scientist $220.00 Senior Scientist III 185.00 Senior Scientist II 165.00 Senior Scientist 1 140.00 Scientist III 130.00 Scientist II 120.00 Scientist I 100.00 Assistant Scientist 85.00 Research Assistant 60.00 PBS&J SOUTHWEST INFRASTRUCTURE STANDARD RATE SCHEDULE EFFECTIVE JANUARY 1, 2010 PUBLIC AFFAIRS SERVICES 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 it 135.00 Senior Professional I / Sr. GIS Analyst I 122.00 Professional 11 / 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 $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 vehide 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. HAAdmn1Pudic Wade; AdmireStandard Rate Sheets12010 Retest -Southwest InrrastnaWre Std Rate 0110- SANOGO uld.docc 9215 Sky Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD 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 2014 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, on April 17, 2012, the City Council adopted Resolution No. 2012-92, approving the Second Amendment to the Agreement to extend the Agreement for a one-year term, expiring June 30, 2013, to provide services for Fiscal Year 2012-2013, in the amount of $45,867; 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 another one-year term, expiring on June 8, 2014, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2013-2014 for the not -to -exceed amount of $45,867, for a total not to exceed amount of $137,601. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third 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 8, 2014, to provide sewer billing, tax roll preparation, and administrative services for Fiscal Year 2013-2014, in the not to exceed amount of $45,867. Said Third Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of April, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney --* CA.LIFO,IN NATIO Maya �`-- INCORPORATED April 23, 2013 Ms. Carmen Kasner Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, CA 92130 Dear Ms. Kasner, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk On April 16th, 2013, Resolution No. 2013-54 was passed and adopted by the City Council of the City of National City, authorizing execution of a Third 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. Sincerely, L Michael R. Dalla, CMC City Clerk Enclosures cc: Public Works Dept.