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HomeMy WebLinkAboutLSA Associates Inc; 2017-03-10; TRAN1533TRAN1533 AGREEMENT FOR FARADAY AVENUE SLOPE REPAIR ENVIRONMENTAL SERVICES LSA ASSOCIATES INC. :\nit~AGREEMENT is made and entered into as of the l C)1k, day of --~~=~~ot.=------' 2017, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and LSA ASSOCIATES INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in environmental consulting. B. Contractor has the necessary experience in providing professional services and advice related to environmental consulting. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. · 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed fourteen thousand dollars ($14,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed fourteen thousand dollars ($14,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 TRAN1533 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 4/1/15 2 TRAN1533 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 1 0.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 1 0.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 4/1/15 3 TRAN1533 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Daniel Zimny Title Assistant Engineer Department Public Works City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-602-7551 For Contractor Name Mike Trotta Title Project Manager Address 703 Palomar Airport Rd Ste 260 Carlsbad, CA 92011 Phone No. 760-931-5471 Email mike.trotta@lsa.net Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. City Attorney Approved Version 4/1/15 4 TRAN1533 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide City Attorney Approved Version 4/1/15 5 TRAN1533 employee, any fee, comm1ss1on, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill City Attorney Approved Version 4/1/15 6 TRAN1533 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR LSA ASSOCIATES INC., a California corporation By~-~ (s1gn here) les CareL C{LairmfUI/c-f.o (print nJme/tit ) I By: CITY OF CARLSBAD, a municipal corporation of the State of California (sign here) ~os"'kn.c.... Ucuas1 llct lhstdeflt of fu..«'I.Ci•-1 MM,..,K.~ (pnnt name/t1le) /'( g If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY~ eputicity AttorneY City Attorney Approved Version 4/1/15 7 UNANIMOUS WRITTEN CONSENT TO ACTION WITHOUT A MEETING OF THE BOARD OF DIRECTORS OF LSA ASSOCIATES, IN C. a California Corporation The undersigned, being all of the members of the Board of Directors (the "Board") of LSA Associates. Inc., a California corporation (the ''Corporation") who would be entitled to notice of a special meeting of the Board for the purpose of taking the actions and adopting the resolutions set forth below, do hereby waive such notice, take the following actions, adopt the following resolutions by unanimous written consent to action without a meeting pursuant to Section 307 of the Corporations Code of the State of California, and direct that this consent be filed with the minutes ofthe Corporation: SIGNING AUTHORITY WHEREAS, the Board is authorized, pursuant to the Bylaws of the Corporation, to elect or appoint officers, assistant officers and agents of the Corporation and to expressly delegate to said officers or agents such duties and authority as the Board shall deem necessary and as the needs of the Corporation may require including, without limitation, specific signatory rights on behalf of the Corporation; WHEREAS, pursuant to the Bylaws of the Corporation, the Board previously elected the following officers and agents of the Corporation: Les Card Chief Executive Officer Rob McCann President Mike Trotta Executive Vice President Tim Lacy Secretary Rosalena Evans Vice President Financial Management; and WHEREAS, pursuant to the Bylaws the Board desires to expressly grant to the foregoing officers of the Corporation certain rights and powers of signatory, including the right to make, execute, sign, acknowledge, file and deliver contracts for the performance of professional services provided by the Corporation. NOW, THEREFORE, BE IT RESOLVED, Les Card, Tim Lacy, Rob McCann, and Mike Trotta or any one of them acting alone, are authorized to sign on behalf of the Corporation contracts for the performance of professional services provided by this Corporation. Rosalena Evans is authorized to sign when the contract requires two officers. The signature of any one of said officers upon any such contracts shall be binding upon this Corporation; provided, however, '10609792v I that any contract involving professional services valued at more than $250,000 shall also be signed by the Chief Executive Officer (Les Card) or the President (Rob McCann) or the Executive Vice President (Mike Trotta) in addition to one other authorized signer. No other persons are authorized to sign contracts for the performance of professional services. RESOLVED, that all acts and deeds heretofore done or action taken by any officer or agent of the Corporation for and on behalf of the Corporation, in entering into, executing. acknowledging or attesting to any arrangements, agreements, instruments or documents which carry out the terms and intentions of any of the foregoing resolutions arc hereby in all respects ratified, approved and confirmed; and it is further RESOLVED, that this Unanimous Written Consent may be signed in any number of counterparts, each of which (including any facsimile or "PDF" copies) shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument, and that such counterparts (including any facsimile or "PDF" copies) shall together constitute but one and the same instrument; and RESOLVED, that the fully executed copy of this Unanimous Written Consent shall be delivered to the Secretary of the Corporation for inclusion in the minutes of the proceedings of the Board. {Remainder of Page Intentionally Lefi Blank] 40609792vl lN WlTNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors in Lieu of Special Meeting as of May 19, 2016. BOARD: Dan Airola Jeff Bray Mike Trotta Doug Frost Tom Nielsen 40609792vl IN W!TNFSS WHEREOF, the undersigned have executed this Unanimous Written Consent ofthe Board of Directors in Lieu ofSpccial Meeting as of May 19,2016. BOARD: Les Card ·----------- Jeff Bray Mike Trotta Doug Frost Tom Nielsen 40609792vl IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors in Lieu of Special Meeting as of May 19, 2016. BOARD: Les Card Mike Trotta Tom Nielsen 40609792vl IN WITNESS WHEREOF. the undersigned have executed this Unanimous Written Consent ofthe Board of Directors in Lieu of Special Meeting as of May 19.2016. BOARD: I ,es Card Dan Airola Jeff Bray M~~ Doug Frost Tom Nielsen 40609792vl IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent ofthe Board of Directors in Lieu of Special Meeting as of May 19,2016. BOARD: Les Card Mike Trotta Doug Frost Tom Nielsen 40609792vl IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors in Lieu of Special Meeting as of May 19, 2016. BOARD: Les Card Dan Airola Jeff Bray Mike Trotta Doug Frost (\~~(+~5~ ~~mN1elsen 40609792vl LSA February 20, 2017 Danny Zimny, E.I.T, Assistant Engineer City of Carlsbad Exhibit "A" Public Works-Transportation and Engineering 1635 Faraday Carlsbad, California 92008 Subject: Proposal to Provide Environmental Consulting Services for the Faraday Avenue Slope Repair Project (LSA Proposal No. ZZZ597J1) Dear Mr. Zimny: BERKELEY CARLSBAD FRESNO IRVINE PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO LSA hereby submits this proposal to provide environmental consulting services in support of the Faraday Avenue Slope Repair Project in the City of Carlsbad (City), San Diego County, California. Specifically, LSA proposes to conduct a general biological resources assessment of the slope repair footprint and prepare a biological resources technical report for compliance with the California Environmental Quality Act. LSA will also prepare a revegetation plan. DATA NEEDS LSA requests the following data prior to commencement of the general biological resources assessment in order to complete the scope of work for the project: • The limits of construction/disturbance, including equipment access locations, temporary work areas, etc., in digital format (e.g., computer-aided design and drafting [CAD] or geographic information system shapefile). SCOPE OF WORK Task 1: General Biological Resources Assessment Prior to performing the survey, a qualified LSA biologist familiar with local natural resources will review existing documentation and databases to identify special-status species with the potential to occur in or adjacent to the study area. The biologist will survey the slope repair footprint to identify and map vegetation communities and other biological resources. The biologist will assess the site for suitability to support special-status species. 2/20/17 (L:\PROPOSAL\Open ZZZ Projects\ZZZ597Jl· Faraday Avenue Slope Repair\ZZZ597Jl-Proposai_Bio_Reveg_Pian.docx) 703 Palomar Airport Road, Suite 260, Carlsbad, California 92011 760.931.5471 www.lsa.net LSA Task 2: Biological Resources Technical Report LSA will prepare a Biological Resources Technical Report in accordance with the City Habitat Management Plan {HMP). The report will document existing biological resources and analyze the proposed project's potential impacts to these resources. The report will discuss appropriate mitigation measures to comply with HMP Guidelines {e.g., Adjacency Standards) and any additional mitigation that may be required by other regulatory agencies. LSA will submit the report to the City in draft form for review. Upon receipt of one consolidated set of non-contradictory comments, LSA will provide the City with a final version of the report. Task 3: Revegetation Plan LSA will prepare a revegetation plan that will include the specified plant palette and seed mix; container plant quantities; seeding rates; success criteria milestones; general notes; irrigation system notes; planting and seeding procedures; maintenance requirements; and a summary and schedule of maintenance, monitoring, and reporting. LSA will provide a draft version of the revegetation plan to the City for review. Upon receipt of one consolidated set of comments from the City, LSA will finalize the revegetation plan and provide it to the City. The revegetation plan will not include irrigation plans. Task 4: Project Management/Coordination This task includes budget for miscellaneous email and phone coordination with the City and landscape contractor Habitat Restoration Sciences, Inc. LSA has budgeted 8 hours for this task. This budget includes time for one meeting, if necessary. ESTIMATED BUDGET Tasks Estimated Cost Task 1: General Biological Resources Assessment $1,000 Task 2: Biological Resources Technical Report $5,850 Task 3: Revegetation Plan $6,000 Task 4: Project Management/Coordination $1,150 TOTAL $14,000 LSA proposes to accomplish the above-detailed tasks on a time-and-materials basis consistent with the attached billing rates. LSA will not exceed the above amount without prior written authorization. If you are in agreement with the terms and conditions of this proposal, please provide written authorization to proceed. 2/20/17 (L:\PROPOSAL\Open ZZZ Projects\ZZZ597Jl· Faraday Avenue Slope Repair\ZZZ597Jl·Proposai_Bio_Reveg_Pian.docx) 2 LSA Thank you for requesting this proposal. Sincerely, ~~~c. J~les Senior Biologist Attachment: Billing Rates The above-stated terms re: Proposal to Provide Environmental Consulting Services for the Faraday Avenue Slope Repair Project (LSA Proposal No. ZZZ597Jl) ($14,000.00) are hereby accepted and authorized. CONSULTANT: ~ 7 Authorized Signature Mike Trotta Print Name Executive Vice President Title February 20, 2017 Date CLIENT: Authorized Signature Print Name Title Date 2/20/17 (L:\PROPOSAL\Open ZZZ Projects\ZZZ597Jl· Faraday Avenue Slope Repair\ZZZ597Jl·Proposai_Bio_Reveg_Pian.docx) 3 JUNE 2016 SCHEDULE OF STANDARD CONTRACT PROVISIONS AND BILLING RATES LSA HOURLY BILLING RATES EFFECTIVE JUNE 2016 Job Classification Hourly Rate Planning Environmental Transportation Air/Noise Cultural Resources Biology GIS Range1'2 Principal Principal Principal Principal Principal Principal Principal $17G-325 Associate Associate Associate Associate Associate Associate Associate $85-230 Senior Senior Senior Senior Air Senior Cultural Senior Biologist/ Senior GIS $90-195 Planner Environmenta I Transportation Quality /Noise Resources Manager Botanist/Wildlife Specialist Planner Planner/Engineer Specialist Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Planner Environmental Transportation Air Quality/ Cultural Resources Biologist/Botanist/ GIS Specialist $70-150 Planner Planner/Engineer Noise Specialist Manager Wildlife Biologist/ Ecologist/Soil Scientist/ Herpetologist/ Arborist Assistant Assistant Assistant Air Quality/ Cultural Resources Assistant Biologist/ Assistant GIS $65-110 Planner Environmental Transportation Noise Analyst Analyst Botanist/Wildlife Specialist Planner Planner/Engineer Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Field Services Senior Field Crew/Field Crew $65-90 Office Services Research Assistant/Technician $45-60 Graphics $105-125 Office Assistant $55-100 Word Processing/Technical Editing $75-110 . . .. 1 The hourly rate for work mvolvmg actua I expenses m court, gtvmg depostttons or stmtlar expert testtmony, wtll be billed at $400 per hour regardless of job classifications. 2 Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA's discretion at that time. LSA IN-HOUSE DIRECT EXPENSES EFFECTIVE JANUARY 2017 Description Unit Cost Description Unit Cost Reproduction {8.5 X 11) B/W $0.07 per page GPS Unit $75.00 per day Reproduction (8.5 x 11) Color $0.40 per page Total Station Surveying Instrument $50.00 per day Reproduction {11 x 17) B/W $0.10 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) Color $0.75 per page Laser Rangefinder $25.00 per day CD Production $5.00 per CD Sound Meter $75.00 per day USB Flash Drive $5.00 per drive Sound Meter with Velocity Transducer $85.00 per day Plotting $3.75 per sq ft Aerial Photo Cost Mileage (IRS approved 1/1/2017) On-Road $0.535 per mile Boat Rental $125.00 per day Mileage Off-Road $0.69 per mile Water Quality Meter $25.00 per day L:\CORP\Contract rev 010917.docx «01/09/17» 3