HomeMy WebLinkAboutEnvironmental Science Associates; 2024-11-14; PSA25-3547CADocusign Envelope ID: 6DCAAFE1-6CB5-46A7-91FC-C551A151FD13
MASTER AGREEMENT FOR
ENVIRONMENTAL PLANNING/ STUDIES SERVICES
ENVIRONMENTAL SCIENCE ASSOCIATES
ATTACHMENT F
PSA25-3547CA
THIS AGREEMENT is made and entered into as of the \ ~ day of
l\\D\l, , 2024, by and between the Carlsbad Municipal Water District, a Public Agency
organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad,
hereinafter referred to as "CMWD", and Environmental Science Associates, a California corporation,
hereinafter referred to as "Contractor."
RECITALS
A. CMWD requires the professional services of a consulting firm that is experienced in
environmental planning and studies.
B. The professional services are required on a non-exclusive, project-by-project basis.
C. Contractor has the necessary experience in providing professional services and advice
related to environmental planning and studies.
D. Contractor has submitted a proposal to CMWD under Request for Qualifications (RFQ)
No. 24-3430CA and has affirmed its willingness and ability to perform such work.
NOW, TH ERE FORE, in consideration of these recitals and the mutual covenants contained herein,
CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD 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.
Contractor's obligations with respect to any project granted to Contractor under this Agreement will be
as specified in the Task Description for the project (see paragraph 5 below).
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 three (3) years from December 1, 2024,
through November 30, 2027. The Executive Manager of CMWD ("Executive Manager") may amend the
Agreement to extend it for two (J.) additional one OJ year(s) periods or parts thereof. Extensions will be
based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds
by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective
date and length of the extended Agreement.
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4. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by CMWD and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may
be granted if requested by Contractor and agreed to in writing by the Executive Manager (or designee) or
General Manager of CMWD as authorized by the Executive Manager (“General Manager”). The Executive Manager (or designee) or General Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or
delays caused by CMWD inaction or other agencies' lack of timely action. In no event shall a specific Task
Description exceed the term of this Agreement. 5. COMPENSATION
The cumulative total for all projects allowed pursuant to this Agreement will not exceed five hundred
thousand dollars ($500,000). Fees will be paid on a project-by-project basis and will be based on Contractor’s Schedule of Rates specified in Exhibit “A”. Prior to initiation of any project work by Contractor, CMWD shall prepare a Project Task Description and Fee Allotment (the "Task Description")
which, upon signature by Contractor and for CMWD, the Executive Manager (or designee) or General
Manager, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a
description of the method of payment and will be based upon an hourly rate, percentage of project
complete, completion of specific project tasks or a combination thereof. If the City or CMWD elect to extend the term of the Master Services Agreement, adjustments to the rate schedule may be permitted. Upon receipt of a written request from the Contractor, the City or CMWD
may consider approving a rate schedule increase. Rate schedule increases will be considered for each
anniversary of the Agreement effective date after the initial three-year term. An increase to the rate schedule will be calculated based on the proceeding 12-month percentage change in the Consumer Price
Index, San Diego Area, for All Urban Customers (CPI-U) , as reported by the Bureau of Labor Statistics or
5.0%, whichever is lower. If the CPI-U is a negative number, then the rate schedule will not be adjusted
for that year. The Contractor must submit a request and justification to increase the rate schedule at least sixty days prior to the anniversary of the effective date, assuming the City or CMWD opt to extend the Master Services Agreement. The justification accompanying the written request should detail the
rationale for the requested adjustment, and the requested adjustment amount, supported by relevant documentation (e.g., CPI-U or 5.0%, whichever is less). Approval of rate schedule increase by the City or CMWD must be documented in an amendment to the Agreement.
6. PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing
rate of wages, for each craft or type of worker needed to execute the contract, shall be those as
determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified
prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
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7. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system.
Unless the Engineer approves otherwise, the Contractor shall process all project documents through
Procore because this platform will be used to submit, track, distribute and collaborate on project. If
unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall
complete a free training certification course located at http://learn.procore.com/procore-certification-
subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either
through the online training or reaching out to the Procore support team. It will be the responsibility of the
Contractor to regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
8. 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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons
used by Contractor to provide services under this Agreement will not be considered employees of CMWD
for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for
any tax, retirement contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor
9. CONTRACTOR EVALUATIONS
Work performed under this Master Services Agreement may be subject to the CMWD contractor
evaluation program. Prior to the release of any task orders, the Contractor will be notified of the program
requirements and will receive a copy of the evaluation criteria and process. The Contractor’s performance
may be evaluated and the results will be considered for future task orders or agreements.
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10. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD 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 CMWD. 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 CMWD.
11. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services.
12. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless CMWD and
the City of Carlsbad and its officers, elected and appointed 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 willful misconduct or negligent act or omission 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.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then,
and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein,
Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a
final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the
cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of
Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’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.
13. 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 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.
13.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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
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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.
13.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
13.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
13.1.3 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 CMWD’s satisfaction, a declaration stating this.
13.1.4 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.
13.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions:
13.2.1 CMWD will be named as an additional insured on General Liability which shall provide
primary coverage to CMWD.
13.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
13.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires
and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.”
13.2.4 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 CMWD sent by certified mail
pursuant to the Notice provisions of this Agreement.
13.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD’s execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
13.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then CMWD 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 CMWD to obtain or maintain insurance and CMWD
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may collect these payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
13.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and
certified copies of any or all required insurance policies and endorsements.
14.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.
15.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 CMWD 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 four (4) years from the
date of final payment under this Agreement.
16.OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this
Agreement is the property of CMWD. 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 CMWD. Contractor will have the right to make one (1) copy of the work product for
Contractor’s records.
17.COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor
relinquishes all claims to the copyrights in favor of CMWD.
18.NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of CMWD and on behalf of Contractor under this Agreement.
For CMWD: For Contractor:
Name Eleida Felix Yackel Name Sarah Spano
Title Senior Contract Administrator Title Director, Southern California Water
Group
Dept Public Works Address 2355 Northside Drive, Suite 100
CARLSBAD MUNICIPAL WATER DISTRICT San Diego, CA 92108
Address 1635 Faraday Avenue Mobile
Carlsbad, CA 92008 Email
310.266.7594
SSpano@esassoc.com
Phone 442-339-2767
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.
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19.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulations whichin any manner affect those employed by Contractor, or in any way affect the performance of the Servicesby Contractor. Contractor will at all times observe and comply with these laws, ordinances, andregulations 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 willcomply with those requirements, including, but not limited to, verifying the eligibility for employment ofall agents, employees, subcontractors and consultants whose services are required by this Agreement.
20.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
21.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment.
22.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure will be usedto resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.Representatives of Contractor or CMWD 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 recommendedmethods of resolution, which would be of benefit to both parties. The representative receiving the letterwill reply to the letter along with a recommended method of resolution within ten (10) business days. Ifthe resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes willbe forwarded to the City Manager. The City Manager will consider the facts and solutions recommendedby each party and may then opt to direct a solution to the problem. In such cases, the action of the CityManager will be binding upon the parties involved, although nothing in this procedure will prohibit theparties from seeking remedies available to them at law.
23.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD mayterminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated bythis Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Uponnotification of termination, Contractor has five (5) business days to deliver any documents owned byCMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make adetermination of fact based upon the work product delivered to CMWD and of the percentage of workthat Contractor has performed which is usable and of worth to CMWD in having the Agreementcompleted. Based upon that finding CMWD will determine the final payment of the Agreement.
CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor.
Contractor may terminate this Agreement by tendering ______________ (___) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD,
Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made.
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24.COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other than abona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor hasnot paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the awardor making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annulthis 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, orcontingent fee.
25.CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must beasserted 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 toCMWD, 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 tothis Agreement and, provides for civil penalties where a person knowingly submits a false claim to a publicentity. These provisions include false claims made with deliberate ignorance of the false information or inreckless disregard of the truth or falsity of information. If CMWD seeks to recover penalties pursuant tothe False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractoracknowledges that the filing of a false claim may subject Contractor to an administrative debarmentproceeding as the result of which Contractor may be prevented to act as a Contractor on any public workor improvement for a period of up to five (5) years. Contractor acknowledges debarment by anotherjurisdiction is grounds for City to terminate this Agreement.
26.JURISDICTIONS AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California. 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.
27.SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD 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 CMWD, which shall not be
unreasonably withheld.
28.THIRD-PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than the
CMWD and Contractor.
29.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. This Agreement may
be executed in counterparts.
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30.PUBLIC AGENCY CLAUSE
Contractor agrees that any public agency as defined by Cal. Gov. Code section 6500, if authorized by its
governing body, shall have the option to participate in this contract at the same prices, terms, and
conditions. If another public agency chooses to participate, the term shall be for the term of this contract,
and shall be contingent upon Contractor's acceptance. Participating public agencies shall be solely
responsible for the placing of orders, arranging for delivery and/or services, and making payments to the
Contractor. The City of Carlsbad and Carlsbad Municipal Water District shall not be liable, or responsible,
for any obligations, including but not limited to financial responsibility, in connection with participation
by another public agency.
31.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf of Contractoreach represent and warrant that they have the legal power, right and actual authority to bind Contractorto the terms and conditions of this Agreement.
Executed by Contractor this___________ day of _______________________, 2024.
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CONTRACTOR
Environmental Science Associates, a California
corporation
By:
By:
(sign here)
Barbra Calantas,
VP, Biology Practice Leader
(print name/title)
(sign here)
(print name/title)
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CARLSBAD MUNICIPAL WATER DISTRICT, a
Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of
the City of Carlsbad
By:
ATTEST:
SHERRY FREISINGER, Secretary
By:
Deputy Secretary
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, t he corporation must attach a reso lution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: &i!A.A ~A.
Assistant General Counsel
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EXHIBIT A
SCOPE OF SERVICES AND FEES
Perform a variety of environmental planning and study related tasks as outlined in individual Project Task
Descriptions & Fee Allotments (PTD&FA), related to the following:
A. Agency Coordination.
B. Assistance with Environmental Permitting.
C. Biological Monitoring.
D. Cultural Resources & Native American Monitoring.
E. Environmental Compliance Tracking.
F. Environmental Initial Studies / Environmental Documentation. wz
G. Habitat enhancement, including invasive species removal.
H. Installation of minor erosion control.
I. Mitigation and Monitoring Plans.
J. Preparation of Technical Studies.
K. Site Surveys.
L. Special Studies.
M. Sustainability Research.
Requests for work not listed above must be contracted under separate agreement.
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1
FEE SCHEDULE
The following presents the titles and hourly billing rates for each team member and other direct
and indirect costs. ESA understands that pricing shall remain valid for the three (3) year term of
the agreement and that the agreement will not allow for annual adjustments to the rate schedule.
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project
management, consultation or meetings related to the project, field work, report preparation
and review, travel time, etc. Time spent on projects in litigation, in depositions and providing
expert testimony will be charged at the Category rate times 1.5.
Staff Name/Firm Billing Labor Category Hourly Rate
Sara Dietler, ESA Senior Principal Consultant 1 $297
Terah Donovan, ESA Principal Consultant 5 $373
Jim Prine, ESA Principal Consultant 4 $341
Nick Garrity, PE, ESA Principal Consultant 3 $308
Dan Swenson, ESA Principal Consultant 3 $308
Alan Sako, LEED AP BD+C, ESA Principal Consultant 2 $277
Sarah Spano, ESA Managing Consultant 4 $298
Ashley Gimer, ESA Managing Consultant 3 $372
Ryan Gilmore, ESA Managing Consultant 3 $372
Fatima Clark, ESA Managing Consultant 3 $372
Jaclyn Catino-Davenport, ESA Managing Consultant 2 $246
Janelle Firoozi, ESA Senior Consultant 6 $294
Kari Tsubota, PLA Senior Consultant 4 $247
Stephanie Cadena, ESA Senior Consultant 3 $224
Sonya Vargas. ESA Senior Consultant 2 $199
Jaclyn Anderson, ESA Associate Consultant 6 $237
Haley Ward, ESA Associate Consultant 3 $192
Jack Quinzon, ESA Associate Consultant 3 $192
Subconsultants
Kris Alberts, Blackhawk Environmental Principal Biologist $130
Seth Reimers, Blackhawk Environmental Senior Biologist $118
Clint Linton, Red Tail Environmental Archaeological Principal Investigator $135
Carmen Mojado, Saving Sacred Sites Archaeological Principal Investigator $85
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(a) The range of rates shown for each staff category reflects ESA staff qualifications,
expertise and experience levels. These rate ranges allow our project managers to
assemble the best project teams to meet the unique project requirements and
client expectations for each opportunity.
(b) From time to time, ESA retains outside professional and technical labor on a
temporary basis to meet peak workload demands. Such contract labor may be
charged at regular Employee Category rates.
(c) ESA reserves the right to revise the Personnel Category Rates periodically to reflect
changes in its operating costs.
II. ESA Expenses
A. Travel Expenses
1. Transportation
a. Company vehicle – fixed rate + fee for mileage in excess of 100 miles.
b. Common carrier or car rental – actual expense multiplied by 1.15
c. If company vehicle is to be used in off‐road conditions, a daily $15 use fee will
be added to the standard daily vehicle rate.
2. Lodging, meals and related travel expenses – direct expenses multiplied by 1.15
B. Technology and Data Management Fee
Non‐travel expenses incurred for the duration of the agreement for project support but not
itemized below. Project labor charges multiplied by 3%. Fee encompasses the following:
1. Ongoing long‐term retention and retrieval, management, and security of
project‐related data.
2. Proprietary tools, cloud data services, data science and AI capabilities as
required for project delivery.
C. Cloud‐based Services
ITEM RATE/HOUR RATE/DAY RATE/WEEK RATE/MONTH
Cloud-based Services
Nearmap High Resolution Images $55/image
ArcGIS Online Hosting (Web Maps/Apps) $225
Website Hosting $200
Custom Application & Services Hosting* $300*
Modeling (GeoHECRAS, TUFLOW, Delft3D) + Drone
Processing
$7 $160 $950 $3,900
Aviation Environmental Design Tool (AEDT)
Processing
$13 $190 $1,120 $4,600
*includes support for database, SSL, IT support – costs vary by project. Contact software development services for firm pricing.
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D. Printing/Reproduction Rates
If a weekly or monthly rate is not provided, equipment usage is billed at a daily rate.
ITEM RATE/PAGE SAMPLE PRICING
Black & White – 8.5 x 11 $0.15
Black & White – 11 x 17 $0.30
Color – 8.5 x 11 $0.50
Color – 11 x 17 $0.80
B&W – Plotter (Toner – ECO Quality) $0.50/sf 24x36 B/W CAD drawing would
cost $3 per sheet
B&W – Plotter (Toner – Presentation
Quality)
$1.25/sf 24x36 B/W CAD drawing would
cost $7.50 per sheet
Color – Plotter (Inkjet – ECO Quality) $2.50/sf 24x36 Color Drawing would cost
$15 per sheet
Color – Plotter (Inkjet – Presentation
Quality)
$5.00/sf 24x36 Color Drawing would cost
$30 per sheet
CD $10.00
Digital Photography $20.00 (up to 50 images)
All Other Items
(including bindings and covers)
At cost plus 10%
III. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.15.
IV. Other
The fees above do not include sales tax. Any applicable or potential sales tax will be charged
when appropriate.
V. Payment Terms
Unless otherwise agreed in writing, ESA will submit invoices on a monthly basis. Any unpaid
balances shall draw interest at one and one half percent (1.5%) per month or the highest rate
allowed by law, whichever is lower, commencing thirty (30) days after date of invoice. All
invoices not contested in writing within fifteen (15) business days of receipt are deemed
accepted by Client as true and accurate and Client thereafter waives any objection to Clients
invoices, which are payable in full.
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