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14-019 David J. Powers & Associates, Inc., Consultant Services for McClellan Ranch Environmental Education Center OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223•FAX: (408)777-3366 WEBSITE: www.cupertino.org CUPERTINO May 29, 2014 David J. Powers-& Associates, Inc 1871 The Alameda Suite 200 San Jose, CA 95126 Re: First Amendment to Agreement for consultant services. Enclosed for your records is:a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office,Assistant City,Clerk's Office Enclosure cc: Public Works � :M)E NVT FIRST A AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID J. POWERS Sr ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR MCCLELLAN RANCH ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RELOCATION PROJECT This First Amendment to, the Agreement between the City of Cupertino and David J. Powers & Associates, Inc, for`reference,dated,May 14, 2014 ; is by and between the CITY OF CUPERTINO,.a municipal corporation (hereinafter. "CITY") and David J. Powers,& Associates,Inc., a California corporation whose address is 1871 The Alameda, Suite 200, San Jose, Ca 95126; phone no.; 408-248-3500 (hereinafter referred to as "Consultant"), and'is made with reference to,the following: RECITALS: A. On February 5,2014, an agreement was entered into by and.between,City and David J. Powers&,Associates, Inc: (hereinafter "Agreement"). B. City and David J. Powers & Associates, Inc. desire to modify the Agreement on the terms and conditions set forth,herein. NOW; THEREFORE, it is mutually agreed by and between and undersigned parties as follows: COMPENSATION section of the Agreement ismodified to read as follows: The maximum compensation to be,paid,to Consultant under this agreement shall not exceed SEVENTEEN' THOUSAND THREE HUNDRED FIFTY FIVE DOLLARS ($ 17;355:00). The rate,of payment is set out in Exhibit C, titled "Compensation"% which is, attached hereto and incorporated herein. Except as expressly modified.herein, all other terms and covenants 'set forth in the Agreement shall remain thesame and shall be in full force and effect. Page 1 oft First-Amendment to'Agreement w David J. Poers&Associates;Inc. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. David.J. Powers& Associates, Inc CITY OF CUPERTINO A,Muriicipal Corporation By By Title Director of Public Works, Timm Borden . �INC1�A-L Date 20 RECOMMENDED FOR APPROVAL: B Y P:W. Project Mana er, Car Lynaugh APPR VED',AS TO FORM: By _ City ttorney, Carol Korade ATTEST: p I BY-(. ° R U t l 0"l City Clerk, Grace.Schmidf Contract Total Amount: $ 17,355.00 ll V Amendment No. 1 Amount: $ 6,340.00 Account No.: 420-9133-9300 Page 2 of 2 Firs Amendment to Agreement Davin J. Poivem&Associates, Inc. EXHIBIT A SCOPE OF'SERVICES CONSULTANT shall perform professional services as detailed in the following sections related to'the,McClellan Ranch.Environmental Education Center and Blacksmith Shop Relocation Project, Cupertino. SECTION I. GENERAL A. General PROJECT Description:,David J..Powers.&Associates, Inc. (DJP&A), prepared a Categorical Exemption(CE), for the McClellan [Ranch Preserve Education Centevand Blacksmith Shop Relocation Project in Cupertino, California. The project included the construction of.a new 2,100 square foot education center and 1,100 square foot outdoor gathering.area, relocation of the Blacksmith Shop, improvements to existing park restrooms, and site access improvements. "The work,site contains habitat areas and potentially, protected wildlife species. It is in a preserve that will remain,open to the public during construction. The City is in the process of bidding the project. The CE, which was based on the Initial Study prepared for the Stevens Creek Corridor Park Master Plan, identifies the need to conduct pre-construction surveys for nesting,birds.and roosting,bats prior to tree trimming or construction within the breeding season. In additi'on,'a potential woodrat nest has been identified within the project.area. The scope of this=agreement'has been prepared to conduct pre-construction surveys'for besting birds, roosting bats; and woodrats. B. General Performance Requirements: 1. The'performance of all servicesby CONSULTANT,shall be to the satisfaction of the CITY„in accordance with the express,terms'hereof, including but not limited to the terms set out in detail in this scope of services,and the standard of.care provisions contained in this AGREEMENT. 2. The CITY's Department of Public Works shall manage the PROJECT and this AGREEMENT.' CONSULTANT shall receive final direction from the`CITY's Director of Public Works or his/her authorized,designee:(hereinafter collectively "CITY") only. The CITY"shall resolve any conflicting direction from other groups, departments or agencies. 3. CONSULTANT shall coordinate this;scope of services with the CITY as well.as with other CITY'consultants and contractors; as needed or as directed by the CITY. CONSULTANT shall.schedul,' meeting and prepare meeting agendas and minutes for all PROJECT meetingsdu ring'fhe'design phase under the,scope of work. All minutes of meetings are.dueto the.CITY within five (5) working days First Amendment Page 1 of 10 David J,'Powers&Associates,Agreement McClellan Ranch EEC&'BSS,Project Exhibits' after the meeting. CONSULTANT shall provide copies of such documentationto the CI-TY, and as directed by the CITY, to other appropriate agencies,and entities. CONSULTANT shall coordinate all responsesto comments through the CITY. 4. CONSULTANT shall designate and provide to the CITY the name%oftheir team members for the PROJECT. The;team members shall be satisfactory to'the'CITY. The team members shall include Jodi Starbird as CONSULTANT's Principal-in- charge for the duration of the:PRO IECT. CONSULTANT shall notsubstitute any team,members without the prior approval of the CITY.. 5. CONSULTANT's services shall be performed as,expeditiouslyas is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B, may be-adjusted by mutual agreement. 6. CONSULTANT.shalLmanage itsSUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall'consulfwith'the,CITY„research applicable design criteria, and communicate,with members'ofthe PROJECT team. 7. CONSULTANT shall assist;the'CITY, as requested by the CITY, in connection with the CITY's responsibility for filing documentsarequired for the approval of governmental authorities having jurisdiction over the PROJECT. SECTION 2. TASKS TASK 111:;Initial Biological Survey. H.T.'Harvey`and Associates (HTH), as a subconsulfant to DJP&A, will conducfa nesting bird survey on Friday; February 71h, 2014 of'all trees to be trimmed plus a250-foot buffer for raptors and a 100-foot buffer for non-raptors. In addition, the biologist will'assess the potential woodrat nest recently identified near the proposed building location. The project site will also be evahtatedl for woodrat nests, roosting bats, and nesting birds to identify means to.exclude these species from roosting,and/or nesting on the site prior to the construction. The;adjacent barn:will be surveyed for roosting bats. A letter report summarizing the results'and'any recommendations to avoid constraints-to the'st_arting of project,construction*and relocation of the woodrat nest, if appropriate, will be.identified. A recomrriendedlconstruction start date based on findings will.al_so:be provided with.theunderstanding that conditions can change .during the breeding.season of such species. TASK 112: Pre-Construction Biological Survey A pre-construction survey f6r woodrat:nests, nesting birds and roosting;bats within 48 Hours of the start of construction. The biologistwill surveythe entire work area and surrounding buffer zones for nest,starts and any other physical or behavioral evidence of nesting or roosting. A letter report summarizing the results„a mapshowing the locations ofany active nests or roosts, and recommendations for'avoiding,impacts to.these species will be prepared. First Amendment Page 2 o 10 David J. Powers,&AssociatesAgreennent McClellan Ranch EEC&BSSProject Exhibits TASK43: Environmental Consulting Service This task-includes DJP&A in-house time to attend a total of three site/project meetings, provide environmental consulting services, and coordinate with-the City and the subconsultant.. This work.includes reviewing and revising of the City's.Special Environmental Conditions specification section. TASK R4: Assist with Nesting Birds in Barn This task includes.DJP&A and HTH assistance with nesting birds inthe,barn. The work is required due to the discovery of eggs.in the barn. This work includes consultation with H.T.,Harvey (consulting biologists)^and Dave Johnston at California Department of Fishsand Wildlife.(CDFW), In turn, H.T. Harvey.and Associateswill complete research to meet the requirements of CDFW related to nestmonitoring. Parameters'for cameras to use for the mom tori rig,Were investigated and confirmed:in'a site visit. A report prepared summarizing the.results,of the fielcLreview'when itwas discovered that the nest had been abandoned. H.T. Harvey and Associates will conduct batsurvey within the barn to determine ifthebarn can,be closed to discourage further owl "nesting. The purpose of,the survey is to be.sure that bats are notufilizing the barn for roosting prior to closing ofthe barn structure. This^survey of the barn is expected to be conducted tonight,.May 14, 2014. ADDITIONALiSERVICES Consultant Services beyond the work.in these-tasks-may be provided by CONSULTANT as Additional Services only ifsuch,Additional Services are authorized in writing by the CITY" in advance. An Additional,services,amount.of TWO THOUSAND DOLLARS ($2,000.00) is made a part of this agreement. Ad'ditional,services may bepaid,for as;a negotiated maximum not to exceed amount or,bya time and materials cost accounting with a maximum not to exceed. First..Amendment Page.3,of 10 David.J. Powers.&.Associates Agreement McClellan Ranch:EEC&BSS Project Exhibits EXHIBITS SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by February28, 2015. The following sets forth the distribution of CONSULTANT's Schedule of;Performance for'each project. The'CITY may approve in writing the extension of any milestone date set in this Exhibit. Task#1: Initial Biological Survey 1 week after'signing the,a re_ement TaskM2 Pre-Construction Biological Suri+ey When scheduled by City and Contractor TaskiJl3: Environmental Consulting.Serviees 1 week after Notice to Proceed (NTP) Task #4 Assist with Nesting Bird Issue's at,signing.the amendment' First Amendment 'Page of 10 David J. Powers&Associates Agreement McClellan Ranch EEC.&BSS Project Exhibits EXHIBIT C COMPENSATION A. Maximum Compensation. The;CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions,of this.AGREEMENT. The maximum amount of 'compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services, additional,services and reimbursable expenses, shall'not exceed SEVENTEEN THOUSAND THREE HUNDRED FIFTY FIVE DOLLARS($ 17;355.00). CONSULTANT agrees that it,shall perform all of i"he,services,set forth.in Exhibit of this AGREEMENT, except for additional,services required pursuantto.Section 2, TASKS and inclusive of reimbursable expenses, for the-maximum not to exceed amount of FIFTEEN THOUSAND THREE,HUNDRED:FIFTY FIVE DOLLARS ($ 15,355). The,maximum amount of Additional Services areauthorized under Section G of this EXHIBIT C`is TWO THOUSAND DOLLARS($2,000). B. Method of Payment For Task Nos. 1 through 4 CONSULTANT`shall, during the term of this AGREEMENT, invoice the CITY monthly based upon,a percentage'of completion of each milestone set forth below in the Payment Schedule (Schedule D below) for services performed; and reimbursable,expenses incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter "Invoice:") Provided CONSULTANT has,cam pleted4he,services and incurred the reimbursable expenses covered by the Invoice in"accordance withdhe provisions of'this AGREEMENT; as determined by the CITY, the"CITY'shall pay CONSULTANT'the amount shown on.theInvo_ice Within thirty (30)working days of receipt of the Invoice. The Invoice shall,be based on the percentage of milestone"completed, and it'shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule and Payment Schedule set forth below. The.Invoice-shall listwork completed and reimbursable expenses if applicable, in accordance with the Budget Schedule and Payment,Schedule:set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to,be paid for the Invoice period. First,Amendment Page 5 o 10 David J. Powers'&Associates Agreement McCiMin Ranch EEC&,BSS Project Exhibits C. Budget Schedule The Budget Schedule for this AGREEMENT shall be as follows: Task Task Description Compensation Task #1: Initial Biological Survey $'2,882150 Task #2: Pre-Construction Biological Survey $'2,882:50 Task#3`. Environmental Consultant Services $4,250.00 Task#4`. Assist withaNesting Bird in.Barn $5'340 Additional Services $'2,000 TOTAL $17,355.00 'CONSULTANT shall not exceed any of the`specified budget amounts fonany Task withoutprior writtenmuthorization from the CITY. The CITY may approve,in.writing.the transfer of budget amounts between any of the Tasks listed above provided the total AGREEMENT amount does notexceed'.SEVENTEEN THOUSAND THREE HUNDRED FIFTY FIVE DOLLARS ($:17,355:00). First Amendment Page 6',of 10 [David 1;Powers;&.Associates Agreement McClellan Ranch:EEC&BSS Project Exhibits D. Payment Schedule The Payment.Schedule for this AGREEMENT shall be as follows: TASK MILESTONE PERCENT OF TASK COMPENSATION,PAID UPON COMPLETION OF MILESTONE Task kl — Initial Biological,Survey 100% Task #2— Pre-Construction Biological,Survey 100% Task#3— Environmental'Consultant Services 100% Task #4— Assist with Nesting Bird Issues 100% Additional Services Paid Pursuant to Subsection G below E. Subconsultant'Services. CONSULTANT isAirectly responsible for any payment for SUBCONSULTA NT work on this PROJECT. SUBCONSULTANT work on this;PRO)ECT is,included in the Budget Schedule shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services_ F. Reimbursable-expenses. Reimbursable expenses are included in CONSULTANT's lump+sum compensation, including, but not limited to, any expenses related to.CONSULTANT's internal plan checks, CAD test prints, 8 1/2 x17" copies or fax copies. Plotting and Printing-for public distribution will be the responsibility of the CITY'. There are no separate reimbursable expenses for Basic Services performed under Tasks 1-4 of EXHIBIT A. G. Additional Services. CONSULTANT shall not perform.AdditionalServiceswi thou tprior written authorization,,of the CITY. Additional Services%hall be.separately negotiated to be paid on,a lump sum or a time and material basis at the rates set forth herein,as authorized by the CITY: TheCITYhas set aside the sum of TWO'TNOUSAND DOLLARS ($ 2,000) for the payment of Additional Services. The,CITY shall not authorize andCONSULTANT'shall not perform any Additional Services that result in charges in excess of the above amount. First Amendment Page 7 o 10 David J. (Powers&Associates Agreement McClellan Ranch EEC&BSS Project Exhibits CONSULTANT shall submit an Invoice to the CITY.fo_r payment,on'a monthly basis for authorizedAdditional Services rendered during the previous month. In the event-Additional Services are authorized, CONSULTANT shall submit Invoices in accordance,with the CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown`in the EXHIBIT C-1 sall stay'in^effect during the full term of the contract. The CITY.shall pay Additional Services Invoices as'provided in this,EXHIBIT C. First Amendment Page,8 of 10 (David J.Dowers&Associates,Agreement. McClellan,Ranch=EEC,&@SS.Project Exhibits EXHIBIT C-1 CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES David J. Powers & Associates Rates: Hourly Rates SENIOR PRINCIPAL $.255.00 PRINCIPAL PROJECT MANAGER $225.00 SENIOR ENVIRONMENTAL SPECIALIST $200.00 SENIOR PROJECTMANAGER '$ 150.00 ENVIRONMENTAL.SPECIALIST $ 165:00 PROJECT MANAGER $ 155.00 ASSOCIATE`P,ROJ`ECT MANAGER $140.00 ASSISTANT PROJECT MANAGER $'115.00 RESEARCHER $100.00 DRAFTSPERSON/GRAPHIC ARTIST $90.00 DOCUMENT'PROCESSOR7QUALITY CONTROL $ 90,00 ADMINISTRATIVE MANAGER $ 90:00 OFFICE SUPPORT $ 75,00 MATERIALS; OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINISTRATION-FEE. MILEAGE WILL BE CHARGED PER THE CURRFNT IRS"STANDARD MILEAGE RATE, AT THE TIME COSTS'OCCUR. First.Amendment Page 9 of 10 _David'J.,Powers,&Associates'Agreement McClellan Ranch EEC&BSS Project Exhibits, SUBCONSULTANT RATES: H. T. Harvey&Associates.Rates: Hourly Rates Principal $215—247 Senior Associate Ecologist $ 194 Associate Ecologist $ 179 Senior Ecologist 2 $ 163 Senior Ecologist 1 $ 147 Ecologist 2 $ 131 Ecologist 1 $ 116 Field Biologist 2 $ 100 Field Biologist $„84 GIS Analyst $ 105 Technical Editor $ 100 Administrative Support $ S0 ClericaLSupport $65 Deposition<and`Testimony Two times standard Subcontractual Consultants Cosbplus 10% Direct Expenses Cost plus 10% Transportation Current,IRS Federal Standard Mileage Rate (56¢./mile as of January 2014) Tiavel (Cost plus 10,,%) --$200/day(lased on federal per diem rate) Field Equipment Operation Variable First..Amendment -Page 10,of'10 'David J. Powers&Associates Agreement McClellan Ranch EEC.&BSSTroject .Exhibits OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org CUPERTINO February 6, 2014 David J. Powers & Associates, Inc 1871 The Alameda, Suite 200 San Jose, CA 95126 Attention: Jodi Starbird Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777 -3354. Sincerely, Andrea Sanders Senior Office Assistant. City Clerk's Office Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID J. POWERS & ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR MCCLELLAN RANCH ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP R E-LOCATION PROJECT THIS AGREEMENT, for reference dated. �J , 2014, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and DAVID J. POWERS & ASSOICATES, INC., a California corporation whose address is 1871 The Alameda, Suite 200, San Jose, Ca 95126; phone no.: 408- 248 -3500 (hereinafter referred to as "Consultant "), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing sunder the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for environmental consultant services for the McClellan Ranch Environmental Education Center and Outdoor Gathering Shelter upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on February 7, 2014 and shall terminate. on February 28, 2015, unless terminated earlier as set forth herein. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" titled "Scope of Services" which is attach.ed.hereto and incorporated herein by Page 1 of 12 David J. Powers & Associates, Inc. Agreement this reference. 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out. in Exhibit B, titled "Schedule of Performance ", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant Linder this agreement shall not exceed Eleven Thousand Fifteen Dollars ($ 11,015.00),. The rate of payment is set out in Exhibit C, titled "Compensation ", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the tern of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount. paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor leave any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally Page 2 of 12 David J. Powers & Associates, Inc. Agreement associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, �a City employee, or a citizen by Consultant or Consultants employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Carmen Lynaugh, Public Works Project Manager, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee. shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Jodi Starbird, Principal Project Manger. Page 3 of 12 David J. Powers & Associates, Inc. Agreement 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold Harmless the City, and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including, any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated Lander this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement iindennnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage Page 4 or 12 David J. Powers & Associates, Inc Agreement in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's inderni- ification, shall also contain substantially the following statement: '`Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain .the following insurance coverage: (1) Workers' Compens;ition: Statutory coverage as required by the State of California: (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily hnjury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liabilii),: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant ill the amount of at least $1,000,000. Page 5 of 12 David J. Powers & Associates, Inc. Agreement B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurarue for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and. automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured Linder all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. a E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. Page 6 of 12 David J. Powers & Associates, Inc. Agreement 14. PROHIBITION AGAINST TRAJVSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant,, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty. percent (50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included- in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Busvaess License, that may be required in connection with the performance of services hereunder. 17. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report ", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate Page 7 of 12 David J. Powers & Associates, Inc. Agreement documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and /or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services - rider this Agreement. . Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment: If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the Page 8 of 12 David J. Powers & Associates, Inc. Agreement City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses.associated with the supplemental. examination. or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Carmen Lynaugh, Public Works Project Manager All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Jodi Starbird, Principal Project Manager 1871 The Alameda, Suite 200 San Jose, CA 95126 Phone no. 408 - 454 -3437 E -mail: jstarbird @davidjpowers.com 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the mariner required hereunder, Consultant shall be deemed in default in the performance oi= this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided hereon. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. Page 9 of 12 David J. Powers & Associates, Inc. Agreement In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the Cotu-ity of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. Page 10 of 12 David J. Powers& Associates, Inc. Agreement 25. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant: hi addition to any other remedies, City may have in law or equity, City may terminate this Agreement for`-such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into 'the. Agreement shall be deemed to be enacted. herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision,is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertioli,on application by either party. 27. CAPTIONS: The captions in this Agreement are for convenience only, are-not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Page 11 of 12 David J. Powers & Associates, Inc. Agreement P.O. No.. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation DAVID J. POWERS & ASSOCIATES, INC. Title PSI N CI FA- L- Date Z 4 1 114 Tax I.D. No.: -3 -7-02-t915-7-1 1871 The Alameda, Suite 200 San Jose, CA, 95126 Phone no. 408 -454- 3500 B Timm Borden, Director of Public Works Date 14- APPROVED AS TO FORM: Carol Korade, City Attorney ATTEST: Y Grace Schmidt, City Clerk. Z Contract Amount: 11,015.00 Account No.: 420 - 9133 -9300 'e�Ibl 1 4/ Page 12 of 12 David J. Powers & Associates, Inc. Agreement EXHIBIT A SCOPE OF SERVICES CONSULTANT shall perform professional services as detailed in the following sections related to the McClellan Ranch Environmental Education Center and Blacksmith Shop Relocation Project, Cupertino. SECTION 1. GENERAL A.- General PROJECT Description: David J. Powers & Associates, Inc. (DJP &A), prepared a Categorical Exemption (CE), for the McClellan Ranch Preserve Education Center and Blacksmith Shop Relocation Project in Cupertino, California. The project included the construction of a new 2,100 square foot education center and 1,100 square foot outdoor gathering area, relocation of the Blacksmith Shop, improvements to existing park restrooms, and site access improvements. The work site contains habitat areas and potentially, protected wildlife species. It is in a preserve that will remain open to the public during construction. The City is in the process of bidding the ,project. The CE, which was based on the Initial Study }prepared for the Stevens Creek Corridor Park Master Plan, identifies the need to conduct pre - construction surveys for nesting birds and roosting bats prior to tree trimming or construction within the breeding season. In addition, a potential woodrat nest has been identified within the project area. The scope of this agreement has been prepared to conduct pre - construction surveys for nesting birds, roosting bats, and woodrats. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. The CITY's Department of Public Works shall manage the PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY's Director of Public Works or his /her authorized designee (hereinafter collectively "CITY ") only. The CITY shall resolve any conflicting direction from other groups, departments or agencies. 3. CONSULTANT shall coordinate this scope of services with the CITY as well as with other CITY consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and minutes for all PROJECT meetings during the design phase under the scope of work. All minutes of meetings are due to the CITY within five (5) working days Page 1 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits after the meeting. CONSULTANT shall provide copies of such documentation to the CITY, and as directed by the CITY, to other appropriate agencies and entities. CONSULTANT shall coordinate all responses to comments through the CITY. 4. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. The team members shall include Jodi Starbird as CONSULTANT's Principal -in- charge for the duration of the PROJECT. CONSULTANT shall not substitute any team members without the prior approval of the CITY. 5. CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B, may be adjusted by mutual agreement. 6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable design criteria, and communicate with members of the PROJECT team. 7. CONSULTANT shall assist the CITY, as requested by the CITY, in connection with the CITY's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the PROJECT. SECTION 2. TASKS TASK #1: Initial Biological Survey H.T. Harvey and Associates (HTH), as a subconsultant to DJP &A, will conduct a nesting bird survey on Friday, February 71', 2014 of all trees to be trimmed plus a 250 -foot buffer for raptors and a 100 -foot buffer for non- raptors. In addition, the biologist will assess the potential woodrat nest recently identified near the proposed building location. The project site will also be evaluated for woodrat nests, roosting bats, and nesting birds to identify means to exclude these species from roosting and /or nesting on the site prior to the construction. The adjacent barn will be surveyed for roosting bats. A letter report summarizing the results and any recommendations to avoid constraints to the starting of project construction and relocation of the woodrat nest, if appropriate, will be identified. A recommended construction start date based on• findings will also be provided with the understanding that conditions can change during the breeding season of such species. TASK #2: Pre - Construction Biological Survey A pre - construction survey for woodrat nests, nesting birds and roosting bats within 48 hours of the start of construction. The biologist will survey the entire work area and surrounding buffer zones for nest starts and any other physical or behavioral evidence of nesting or roosting. A letter report sununarizing the results, a map showing the locations of any active nests or roosts, and recommendations for avoiding impacts to these species will be prepared. Page 2 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits TASK #3: Environmental Consulting Service This task includes DJP &A in -house time to attend a total of three site /project meetings, provide environmental consulting services, and coordinate with the City and the subconsultant. This work includes reviewing and revising of the City's Special Environmental Conditions specification section. ADDITIONAL SERVICES Consultant Services beyond the work in these. tasks may be provided by CONSULTANT as Additional Services only if such Additional Services are authorized in writing by the CITY in advance. An Additional services amount of ONE THOUSAND DOLLARS ($ 1,000.00) is made a part of this agreement. Additional services may be paid for as a negotiated maximum not to exceed amount or by a time and materials cost accounting with a maximum not to exceed. Page 3 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by February 28, 2075. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any milestone date set in this Exhibit. Task #7: Initial Biological Survey 1 week after signing the agreement Task #2 Pre - Construction Biological Survey When scheduled by City and Contractor Task #3: Environmental Consulting Services 1 week after Notice to Proceed (NTP) Page 4 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits EXHIBIT C COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services, additional services and reimbursable expenses, shall not exceed ELEVEN THOUSAND FIFTEEN DOLLARS ($ :11,01.5). CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this AGREEMENT, except for additional services required pursuant to Section 2, TASKS and inclusive of reimbursable expenses, for the maximum not to exceed amount of TEN THOUSAND FIFTEEN DOLLARS ($ 10,015). The maximum amount of Additional Services are authorized under Section G of this EXHIBIT C is ONE THOUSAND DOLLARS ($ 1,000). B. Method of Payment For Task Nos. I through 3 CONSULTANT shall, during the term of this AGREEMENT, invoice the CITY monthly based upon a percentage of completion of each milestone set forth below in the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter "Invoice. ") Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice. The Invoice shall be based on the percentage of ailestone completed, and it shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period. Page 5 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits C. Budget Schedule The Budget Schedule for this AGREEMENT shall be as follows: Task Task Description Cornjensation Task #1: Initial Biological Survey $ 2,882.50 Task #2: Pre- Construction Biological Survey $ 2,882.50 Task #3: Environmental Consultant Services $ 4,250.00 Additional Services $ 1,000 TOTAL $ 11,015.00 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. The CITY may approve in writing the transfer of budget amounts between any of the Tasks listed above provided the total AGREEMENT amount does not exceed ELEVEN THOUSAND FIFTEEN DOLLARS ($ 1.1,015.00). Page 6 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits D. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: TASK MILESTONE PERCENT. OF TASK COMPENSATION PAID UPON COMPLETION OF MILESTONE Task #1 — Initial Biological Survey Task #2 — Pre- Construction Biological Survey Task #3 — Environmental Consultant Services Additional Services 100% 100% 1.00% Paid Pursuant to Subsection G below E. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services. F. Reimbursable expenses. Reimbursable expenses are included in CONSUL' CANT's lump sum compensation, including, y but not limited to, an expenses related to CONSULTANT's internal plan checks, CAD test prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the responsibility of the CITY. There are no separate reimbursable expenses for Basic Services performed under Tasks 1 -3 of EXHIBIT A. G. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set aside the sum of ONE THOUSAND DOLLARS ($ 1,000) for the payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized Additional Services rendered during the previous month. In the event Additional Services are authorized, CONSULTANT shall submit Invoices in accordance with the Page 7 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the EXHIBIT C -1 sail stay in effect during the full term of the contract.. The CITY shall }gay Additional Services Invoices as provided in this EXHIBIT C: Page 8 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits EXHIBIT C -1 CONSULTANT HOURLY RATES'FOR ADDITONAL SERVICES David J. Powers & Associates Rates: Hourly Rates SENIOR PRINCIPAL $ 255.00 PRINCIPAL PROJECT MANAGER $225.00 SENIOR ENVIRONMENTAL SPECIALIST $ 200.00 SENIOR PROJECT MANAGER $ 180.00 ENVIRONMENTAL SPECIALIST $ 165.00 PROJECT MANAGER $ 155.00 ASSOCIATE PROJECT MANAGER $ 140.00 ASSISTANT PROJECT MANAGER $ 115.00 RESEARCHER $ 100.00 DRAFTSPERSON /GRAPHIC ARTIST $ 90.00 DOCUMENT PROCESSOR /QUALITY CONTROL $ 90.00 ADMINISTRATIVE MANAGER $ 90.00 OFFICE SUPPORT $ 75.00 MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINISTRATION FEE. MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. Page 9of10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits SUBCONSULTANT RATES: H. T. Harvey & Associates Rates: Hourly Rates Principal $215-247 Senior Associate Ecologist $ 194 Associate Ecologist $ 179 Senior Ecologist 2 $ 163 Senior Ecologist 1 $ 147 Ecologist 2 $ 131 Ecologist 1 $ 116 Field Biologist 2 $100 Field Biologist 1 $ 84 GIS Analyst $ 105 Technical Editor $ 100 Administrative Support $ 80 Clerical Support $ 65 Deposition and Testimony Two times standard Subcontractual Consultants Cost plus 10% Direct Expenses Cost plus 10% Transportation Current IRS Federal Standard Mileage Rate (56c / mile as of January 2014) Travel (Cost plus 10 %) - $200 /day (based on federal per diem rate) Field Equipment Operation Variable Page 10 of 10 David J. Powers & Associates Agreement McClellan Ranch EEC & BSS Project Exhibits