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RPVCCA_CC_SR_2012_05_01_J_URS_Contract_For_Biological_&_Arboricultural_ServicesMEMORANDUM TO:HONORABLE MAYOR &CITY COUNC L MEMBERS FROM: DATE: JOEL ROJAS,DIRECTO MAY 1,2012 MUNITY DEVELOPMENT SUBJECT:CONTRACT FOR ON-CALL BIOLOGICAL AND ARBORICULTURAL CONSULTING SERVICES WITH URS (IN SUPPORT OF 2012 CITY COUNCIL GOAL TO REVEW EXISTING CONTRACTS/CONSULTANTS) REVIEWED:CAROLYN LEHR,CITY MANAGER Q9.-- Staff Coordinator:Abigail Harwell,Assistant Planner~ RECOMMENDATION Authorize the Mayor and City Clerk to execute a professional service agreement with URS Corporation Americas to provide on-call biological and arboricultural consulting services on an as-needed basis to the City through June 30,2013. BACKGROUND On May 4,1999,the City Council agreed to enter into an agreement with a biological consulting firm (Dames &Moore,which later became URS Corporation)to prepare and complete the City's Natural Communities Conversation Plan (NCCP).The NCCP Subarea Plan,EIR and Implementing Agreement were approved by the City Council in August 2004.While a final version of the NCCP is still being worked on by the resource agencies,the involvement of URS in this effort has concluded.Nonetheless,Staff would like to use the biological and arboricultural services offered by URS on an as-needed basis given their expertise with the City's NCCP.Therefore,Staff is recommending that a formal contract with URS for miscellaneous on-call services be executed. DISCUSSION Due to the URS Corporation involvement with the City's NCCP Program,their knowledge and expertise on the Peninsula is an asset not only to the City,but also to proposed private development projects or view restoration cases within the City.As such Staff anticipates using the variety of specialized services offered by URS on an as-needed basis.These include reviewing biology reports prepared by private developers,preparing biology reports for City- sponsored projects,conducting any seasonal botanical and biological surveys when needed, preparing and reviewing environmental documents pursuant to CEQA when needed,providing J-1 City Council Meeting URS Biological &Arboricultural Consulting Service Agreement May 1,2012 the City with recommendations and mitigation measures regarding biological and arboricultural impacts when needed. While the City continues to retain the biological consulting firm David Magney Environmental Consulting and arboricultural services from David Hayes,having an additional biological and arboriculture firm to review proposed development projects and view restoration applications,on an as-needed basis,will assist Staff and the public with the processing of biologically sensitive and view restoration applications .. CONCLUSION URS Corporation is a highly qualified firm and has provided the City with biological expertise associated with preparation and implementation of the NCCP since 1999.It is expected that URS Corporation's expertise will continue to be needed by City Staff in the coming years,purely in relation to the review of private development and view restoration applications.Therefore, Staff recommends that the City Council approve the service agreement with URS Corporation for providing the City with on-call biological and arboricultural services through June 30,2013. FISCAL IMPACT Costs associated with biological services provided by URS Corporation will not be borne by the City for development projects proposed by private developers,as these costs will be paid by the developer.However,biological and arboricultural consultant costs for improvement projects or view restoration applications that are sponsored by the City will be borne by the City as part of the City's approved budget.These costs will be based upon the attached 'Exhibit A.' ALTERNATIVES In addition to Staff's recommendation,the following alternatives are available for consideration by the City Council: 1.Authorize the Mayor and City Clerk to execute a contract for more or less than the June 30,2013 contract expiration date; 2.Direct Staff to make additional modifications to the proposed contract and bring the revised contract back for further discussion at a future meeting;or 3.Direct Staff to not enter into contract with URS Corporation. Attachments •ProfessionallTechnical Services Agreement for Biological Consulting Services •Exhibit A -URS San Diego Office 2012-2013 Schedule of Fees and Charges &2012 Raw Rates J-2 Professionall Technical Services Agreement for Biological and Arboriculture Consulting Services Between The City of RANCHO PALOS VERDES & URS Corporation Americas J-3 This Agreement ("Agreement")is made and entered into this 1st day of May, 2012 by and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")and URS Corporation,a Nevada Corporation,dba URS Corporation Americas (hereafter referred to as "CONSULTANT"). RECITALS The CITY wishes to use the professional services of CONSULTANT to provide biological and arboricultural consulting services to CITY on an as-needed basis;and, CONSULTANT represents that it has a unique and specialized knowledge and understanding of,and experience with,biological resources as they relate to the unique environmental setting of the Palos Verdes Peninsula,current federal and state laws regarding endangered species,the California Environmental Quality Act ("CEQA"),rare and endangered plants per the California Native Plant Society,the preparation of Habitat Conservation Plans ("HCP")and Natural Communities Conservation Plans ("NCCP"),and certification from the United States Fish and Wildlife Service to perform California Gnatcatcher Surveys,and is therefore qualified to perform said services for CITY;and, WHEREAS,CITY's Local View Restoration Guidelines and Procedures require expert arboriculture testimony before the Planning Commission and the City Council when considering the effect of foliage removal,trimming,and replacement for View Restoration Application Permit requests;and, WHEREAS,CONSULTANT has offered to provide the required services on the terms and in the manner set form herein and in a format consistent with CITY's Local View Restoration Guidelines and Procedures. IN CONSIDERATION of the foregoing recitals and the covenants hereinafter set forth,the parties hereto mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1 Project Description The Project is described as follows:Biological and View Restoration Arborist Consulting Services. 1.2 Description of Services (a)CONSULTANT shall perform the following services,when requested in writing by the CITY: (i)Conduct Seasonal Botanical Surveys.CONSULTANT shall gather existing data on biological resources for proposed project site and identify known Page 1 of 11 J-4 and reported occurrences of rare plant species and sensitive habitats in the region based on a field survey.CONSULTANT shall submit to the CITY a written memorandum stating findings and recommendations. (ii)Conduct Biological Field Surveys.CONSULTANT shall conduct a biological field survey to observe common and special status wildlife and plant species present at a project site. (iii)Conduct California Gnatcatcher Surveys.CONSULTANT shall conduct surveys for the federally listed threatened California Gnatcatcher in accordance with the United States Fish and Wildlife protocol.CONSULTANT shall conduct fieldwork during the annual breeding season of February 14 th through August 31 st,unless otherwise directed.CONSULTANT shall submit to the CITY a written memorandum stating the methodology,findings and recommendations of the field survey. (iv)Prepare CEQA Related Documents for Biological Resources. In accord 9 nce with CEQA,proposed projects may require the preparation of environmental documents,particularly relating to biological resources.Such environmental documents may include,but not be limited to,Initial Study Checklists and Mitigated Negative Declarations.CONSULTANT shall prepare these documents based on existing data and field surveys as they relate to the proposed project.CONSULTANT shall include in a written report to the CITY specific recommendations,including mitigation measures for all significant impacts to biological resources. (v)Peer Review of Biological Reports.CONSULTANT shall assist the CITY in reviewing any biological resource reports submitted by a project applicant for accuracy,thoroughness,logic,completeness,and soundness of any assessments and mitigations proposed.CONSULTANT shall review such reports in accordance with CEQA. (vi)Public Meetings.CONSULTANT shall attend meetings with CITY pursuant to the procedures set forth in the CITY's Local View Restoration Guidelines and Procedures. (vii)Prepare Arboriculture Related Documents.CONSULTANT shall provide CITY with written reports or statements concerning,but not limited to,foliage health and safety,age estimates,growth rates,trimming or removal impacts,and other such topics relating to arboriculture services. (b)Upon CONSULTANT's request,the CITY shall provide or make available to CONSULTANT,without charge or expense,all information,data,records, maps,reports,plans,equipment,or other material in its possession necessary for carrying out the services and duties contemplated under this Agreement. 1.3 Schedule of Work At CITY's request,CONSULTANT shall provide a written estimate of the approximate number of hours that will be needed to perform a particular assignment. Upon receipt of written Notice to Proceed from the CITY's Community Development Director or Director of Public Works,CONSULTANT shall estimate the time frame to complete each assignment,which shall be subject to review and approval either by the CITY's Community Development Director or Director of Public Works.Upon that approval, CONSULTANT shall perform with due diligence the services requested by the CITY and Page 2 of 11 J-5 agreed on by CONSULTANT within the agreed upon time frame.Time is of the essence in this Agreement.CONSULTANT shall not be responsible for delay,nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes,lockouts,accidents,or acts of God,or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly,or delay or faulty performance by CITY,other consultants/contractors,or governmental agencies,or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. ARTICLE 2 COMPENSATION 2.1 Fee CITY agrees to compensate CONSULTANT in accordance with CONSUt.TANT's Standard Billing Rates Schedule,which in attached hereto as Exhibit "A" and incorporated herein by this reference,and which shall be in effect through the end of this agreement.If CONSULTANT increases it's billing rates,such increase shall not exceed five percent.CONSULTANT shall provide written notice of any rate increase to CITY at least thirty days prior to the date when the new rates are to become effective.The fees that will be charged by CONSULTANT will be based on the time and materials that are needed to complete each assignment from CITY. 2.2 Payment Address All payments due CONSULTANT shall be paid to: URS Corporation 4225 Executive Square Suite 1600 La Jolla,CA 92037 2.3 Terms of Compensation CONSULTANT shall submit monthly invoices for the tasks completed in the previous month.CITY agrees to authorize payment for all undisputed portions of invoice amounts within thirty (30)days of receipt of each invoice.CITY agrees to use its best efforts to notify CONSULTANT of any disputed invoice amounts within ten (10)days of the receipt of each invoice.However,CITY's failure to timely notify CONSULTANT of a disputed amount shall not be deemed a waiver of CITY's right to challenge such amount. Additionally,in the event CITY fails to pay any undisputed amounts due CONSULTANT within forty-five (45)days after invoices are received by CITY then CITY agrees that CONSULTANT shall have the right to consider said default a total breach of this Agreement and be terminated by CONSULTANT without liability to CONSULTANT upon ten (10)working days advance written notice. Page 3 of 11 J-6 2.4 Additional Services CITY may request additional specified work under this Agreement.All such work must be authorized in writing by the CITY's Community Development Director or Director of Public Works prior to commencement.CONSULTANT shall perform such services,and CITY shall pay for such additional services in accordance with the rates listed in Exhibit "A." 2.5 Term of Agreement This Agreement shall commence on May 1,2012 and shall terminate on June 30,2013,unless sooner terminated pursuant to Article 4 of this Agreement. ARTICLE 3 INDEMNIFICATION AND INSURANCE 3.1 Indemnification CONSULTANT shall defend,indemnify,and hold the CITY,its officials, officers,and employees agents and independent contractors serving in the role of CITY officials,and designated volunteers (collectively "Indemnitees")free and harmless from any and all claims,demands,causes of action,costs,expenses,liabilities,losses,damages or injuries,in law or equity,to property or persons,including wrongful death (collectively "Claims"),to the extent arising out of or incident to,any negligent acts or omissions or willful misconduct of CONSULTANT,its officials,officers,employees or agents in connection with the performance of this Agreement,including without limitation the payment of all reasonable attorneys'fees,and other related costs and expenses,except to the extent such Claims arise out of the sole negligence or willful misconduct of the CITY. With respect to any and all such Claims,CONSULTANT shall defend Indemnitees at CONSULTANT's own cost,expense,and risk and shall pay and satisfy any judgment, award,or decree that may be rendered against Indemnitees.CONSULTANT shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds,if any,received by CONSULTANT or Indemnitees.All duties of CONSULTANT under this Section shall survive termination of this Agreement. 3.2 General Liability CONSULTANT shall at all times during the term of the Agreement carry, maintain,and keep in full force and effect,a policy or policies of Commercial General Liability Insurance,with a minimum limits of one million dollars ($1,000,000.00)for each occurrence and in the aggregate,combined single limit,against any personal injury,death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.Said policy or policies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating A VII or better. Page 4 of 11 J-7 in Best's Insurance Guide with a rating A VII or better. 3.3 Professional Liability CONSULTANT shall at all times during the term of this Agreement carry, maintain,and keep in full force and effect a policy or policies of professional liability insurance with a minimum limit of one million dollars ($1,000,000.00).Said policy or policies shall be issued by an insurer authorized and qualified to do business in the State of California and rated in Best's Insurance Guide with a rating of A VII or better. 3.4 Automobile Liability CONSULTANT shall at all times during the term of this Agreement carry, maintain,,and keep in full force and effect a policy or policies of automobile liability insurance with a minimum limit of one million dollars ($1,000,000.00)per accident for bodily injury and property damage.Said policy or policies shall be issued by an insurer admitted in the State of California and rated in Best's Insurance Guide with a rating of A VII or better. 3,5 Worker's Compensation CONSULTANT agrees to maintain in force at all times during the performance of work under this Agreement worker's compensation insurance as required by the law.CONSULTANT shall require any subcontractor similarly to provide such compensation insurance for their respective employees. 3.6 Notice of Cancellation (a)All insurance policies shall provide that the insurance coverage shall not be canceled by the insurance carrier without thirty (30)days prior written notice to CITY.CONSULTANT agrees that it will not cancel or reduce said insurance coverage. (b)CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect,CITY may either immediately terminate this Agreement or,if insurance is available at a responsible cost,CITY may take out the necessary insurance and pay,at CONSULTANT's expense,the premium thereon. 3.7 Certificate of Insurance At all times during the term of this Agreement,CONSULTANT shall maintain on file with the City Clerk certificates of insurance showing that the aforesaid policies are in effect in the required amounts.The comprehensive general liability policy or policies and any professional liability insurance policy shall contain an endorsement naming the CITY as an additional insured,which CONSULTANT shall maintain on file with the City Clerk. Page 5 of 11 J-8 3.8 Primary Coverage The insurance provided by CONSULTANT shall by primary to any coverage available to CITY in relation to the services provided under this Agreement.The insurance policies (other than worker's compensation and professional liability)shall include provisions for waiver of subrogation. ARTICLE 4 TERMINATION 4.1 Termination of Agreement .(a)This Agreement may be terminated at any time,with or without cause, by the CITY upon thirty (30)days prior written notice or by CONSULTANT upon ninety (90) days prior written notice.Notice shall be deemed served if completed in compliance with Section 6.14. (b)In the event of termination or cancellation of this Agreement by CONSULTANT or CITY,due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in an amount to be determined as follows:for work satisfactorily done in accordance with all of the terms and provisions of this Agreement,CONSULTANT shall be paid an amount equal to the percentage of services performed prior to the effective date of termination or cancellation in accordance with the work items;provided,in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to CONSULTANT for the full performance of the services described in this Agreement. ARTICLE 5 OWNERSHIP OF DOCUMENTS 5.1 Ownership of Documents and Work Product All documents,plans,specifications,reports,information,data,exhibits, photographs,images,video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products")shall be and remain the property of the CITY without restriction or limitation upon its use,duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire,"and all Written Products and any and all intellectual property rights arising from their creation,including,but not limited to,all copyrights and other proprietary rights,shall be and remain the property of the CITY without restriction or limitation upon their use,duplication or dissemination by the CITY.CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. Page 6 of 11 J-9 CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to the paragraph directly above this one. Upon termination,abandonment or suspension of the Project,the CONSULTANT shall deliverto the CITY all Written Products and otherdeliverables related to the Project without additional cost or expense to the CITY.If CONSULTANT prepares a document on a computer,CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. ARTICLE 6 GENERAL PROVISIONS 6.1 Representation The Community Development Director,Director of Public Works,or the Directors'designee shall be the CITY's representative with regards to this Agreement.The CONSULTANT's representative shall be Dr.Patrick Mock,.CONSULTANT's Principal-in- Charge shall be David Marx,VP.Each party's representative shall be the primary contact person for that party regarding the performance of this Agreement. 6.2 Fair Employment Practices/Equal Opportunity Acts In the performance of this Agreement,CONSULTANT shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Sections 12940-48)and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C.200e-217),and the Americans with Disabilities Act of 1992 (42 U.S.C.§11200,et seq.). 6.3 Personnel CONSULTANT represents that it has,or shall secure at its own expense,all personnel required to perform CONSULTANT's services under this Agreement. CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's staff who are assigned to perform the services hereunder and shall obtain the approval of the Community Development Director,Director of Public Works,or the Directors'designee of all proposed staff members who will perform such services.CONSULTANT shall notify City in writing of its recommendation of the retention of any sub-consultants and the need therefore,but City must approve such sub-consultants in writing.At all times, CONSULTANT shall be responsible for sub-consultants'services. 6.4 CONSULTANT's Representations CONSULTANT represents,covenants and agrees that:a)CONSULTANT is licensed,qualified,and capable offurnishing the labor,materials,and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement;b)there are no obligations,commitments,or impediments of any kind that will Page 7 of 11 J-10 limit or prevent CONSULTANT's full performance under this Agreement;c)to the extent required by the standard of practice,CONSULTANT has investigated and considered the scope of services performed,has carefully considered how the services should be performed,and understands the facilities,difficulties and restrictions attending performance of the services under this Agreement. 6.5 Conflicts of Interest CONSULTANT agrees not to accept any employment or representation during the term of this Agreement or within twelve (12)months after completion of the work under this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code Sections 1090 and 87100)in any decisions made by CITY on any matter in connection with which CONSULTANT has been retained pursuant ~o this Agreement. 6.6 Legal Action (a)Should either party to this Agreement bring legal action against the other,the validity,interpretation,and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules.Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. (b)If any legal action or other proceeding,including action for declaratory relief,is brought for the enforcement of this Agreement or because of an alleged dispute, breach,default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to which the party may be entitled. (c)Should any legal action about a project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent,CITY shall compensate CONSU LTANT for its testimony and preparation to testify at the hourly rates in effect at the time of such testimony. 6.7 Assignment Neither this Agreement nor any part thereof shall be assigned by CONSULTANT without the prior written consent of the CITY.Any such purported assignment without written consent shall be null and void,and CONSULTANT shall hold harmless,defend and indemnify the CITY and its officers,officials,employees,agents and representatives with respect to any claim,demand or action arising from any unauthorized assignment. Notwithstanding the above,CONSULTANT may use the services of persons and entities not in CONSULTANT's direct employ,when it is appropriate and customary to Page 8 of 11 J-11 do so.Such persons and entities include,but are not necessarily limited to,surveyors, specialized consultants,and testing laboratories.CONSULTANT's use of subcontractors for additional services shall not be unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance. 6.8 Independent Contractor CONSULTANT is and shall at all times remain,as to the CITY,a wholly independent contractor.Neither the CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set forth,and CONSULTANT is free to dispose of all portions of its time and activities which it is not obligated to devote to the CITY in such a manner and to such persons,firms,or corporations as the CONSULTANT wishes except as expressly provided in this Agreement. CONSUL!ANT shall have no power to incur any debt,obligation,or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any time or in any manner,represent that it or any of its agents,servants or employees,are in any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement,and to indemnify and hold the CITY harmless from any and all taxes,assessments,penalties,and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement.CONSULTANT shall fully comply with the workers'compensation law regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify and hold the CITY harmless from any failure of CONSULTANT to comply with applicable workers'compensation laws.The CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to the CITY from CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or indemnification arising under this Article. 6.9 Titles The titles used in this Agreement are for general reference only and are not part of the Agreement. 6.10 Entire Agreement This Agreement,including any other documents incorporated herein by specific reference,represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations,representations or agreements, either written or oral.This Agreement may be modified or amended,or provisions or breach may be waived,only by subsequent written agreement signed by both parties. 6.11 Construction In the event of any asserted ambiguity in,or dispute regarding the interpretation of any matter herein,the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who Page 9 of 11 J-12 causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 6.12 Non-Waiver of Terms,Rights and Remedies Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement.In no event shall the making by the CITY of any payment to CONSULTANT constitute or be construed as a waiver by the CITY of any breach of covenant,or any default which may then exist on the part of CONSULTANT,and the making of any such payment by the CITY shall in no way impair or prejudice any right or remedy available to the CITY with regard to such breach or default. 6.13 Severability If any term or portion of this Agreement is held to be invalid,illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect. 6.14 Notice Except as otherwise required by law,any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a)the day of delivery if delivered by hand or overnight courier service during CONSULTANT's or CITY's regular business hours or (b)on the third business day following deposit in the United States mail,postage prepaid,to the addresses listed below,or at such other address as one party may notify the other: To CITY: Joel Rojas,AICP,Community Development Director City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 To CONSULTANT: Mr.Patrick J.Mock,Ph.D. URS Corporation 4225 Executive Square Suite 1600 La Jolla,CA 92037 Page 10 of 11 J-13 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. Dated:_ Dated:_ ATTEST: By:_ City Clerk URS CORPORATION ("CONSULTANT") By:_ By:_ CITY OF RANCHO PALOS VERDES A Municipal Corporation By:_-:-_ Mayor Page 11 of 11 J-14 Exhibit "A": URS Corporation Schedule of Fees and Charges Exhibit "A" J-15 Exhibit "A" URS SAN DIEGO OFFICE 2012 -2013 SCHEDULE OF FEES AND CHARGES PERSONNEL CHARGES The charge for all time required in the performance of the Scope of Services,including office,field and travel time,will be at the rate of 2.9 times the raw salary of the URS staff performing the work or times the··rate charged by contract personnel under URS supervision and using URS facilities. When URS staff appear as expert witnesses at court trials,mediation,arbitration hearings,and depositions,their time will be charged at 2.0 times the standard rate.All time spent by personnel preparing for ·such trials,hearings,and depositions, will be charged at the standard 2.9 times raw salary rate. Overtime (hours worked in excess of eight hours per day)by exempt personnel will be charged at the above straight-time rate.Overtime by non-exempt personnel will be charged at 1.5 times the above hourly rates. Special project accounting reporting and financial services,including submission of invoice support documentation,will be charged. URS LABORATORY SERVICES AND EQUIPMENT CHARGES Charges for laboratory services and equipment will be charged at standard usage rates.Rate schedules are available upon request. OTHER PROJECT CHARGES Subcontracts and Equipment Rental The cost of services subcontracted by URS to others and other costs incurred by URS will be charged at cost plus 10 percent. Communications The cost of communications,including telephone, pagers,mobile phones,network communications, facsimile,routine postage,and incidental copying costs will be charged a flat rate of 3 percent of total gross labor charges. Computers The charge for use of in-house computers for spreadsheets,word processing,and other similar functions is $10.00 per hour.The charge for use of Computer-Aided Design and Drafting (CADD), Graphics generation,Geographic Information Systems (GIS)modeling applications,and similar technical computing is $35.00 per hour.Use of Lenska Aerial photo database is $50.00. Plots The following charges will apply for color paper plots generated by the CADD and GIS systems:$1.00 for 8Y2xIl,$1.25 for Il x 17,$24.00 for 24 x36,and $36.00 for 36x48.There will be a charge of$5.00 for each non-color paper plot and $15.00 for each mylar plot. Reproduction In-house reproduction will be charged at $0.10 per page for black and white and $1.00 per page for color. Vehicles and Mileage Field vehicles (pickups,vans,trucks,etc.)used on project assignments will be charged at $85.00 per day.The mileage charge for personal autos will be the then-current mileage rate established by the Internal Revenue Service. R'eference No. This fee schedule contains confidential business information and is not to be copied or distributedfor any purpose other than the use intended in this contract or proposal. URS J-16 Exhibit "A" URS 2012 Raw Rates for Rancho Palos Verdes Professional I Technical Services Agreement for Biological and Arborist Consulting Services Raw Rates are subject to yearly escalations of up to 5%.URS may substitute staffing of equal skill level where needed. #staff Level Biology I Arborist Staff 1X Principal II 1x Principal I 1x Manager 1x Senior II 1x Senior I (Arborist) 1x Mid-level (Arborist) 2x Mid-Ievel* 3x Junior* 3x Graduate* raw rate ($/hr) 58.20 55.32 44.24 42.08 38.52 30.00 32.28 25.64 19.96 GIS Staff 1x 1x 2x 2x Manager Senior Mid-Ievel* Junior* 54.04 42.12 32.70 27.22 Support Staff 1x 1x 1x 2x 1x Senior Project Asst Junior Project Asst Senior Word Prcsr Word Processor* Reproduction 29.88 18.24 25.22 21.38 20.40 *denotes average rate J-17