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HomeMy WebLinkAboutEnvironmental Science Associates; 2024-04-01; PSA24-2408TRANPSA24-2408TRAN Page 1 City Attorney Approved Version 12/22/2023 AGREEMENT FOR BUENA VISTA CREEK CHANNEL EMERGENCY PROJECT SERVICES ENVIRONMENTAL SCIENCE ASSOCIATES In accordance with the Proclamation of Local Emergency for Storm-Related Emergency Protection Activities to Reduce Sediment and Vegetation in the Buena Vista Creek Channel Near El Camino Real declared in the City of Carlsbad, California on February 8, 2024, ratified by the City Council on February 13, 2024, and extended on March 12, 2024, and Carlsbad Municipal Code §§ 3.28.110 and 3.28.120, this Agreement is made and entered into as of the ______________ day of _________________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Environmental Science Associates, a California corporation ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in environmental consulting. B. Contractor has the necessary experience in providing professional services and advice related to environmental consulting. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of ninety (90) days from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional ninety (90) days or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed one hundred forty thousand four hundred sixty-two dollars ($140,462). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 April 1st PSA24-2408TRAN Page 2 City Attorney Approved Version 12/22/2023 reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. 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. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 PSA24-2408TRAN Page 3 City Attorney Approved Version 12/22/2023 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. 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. 11.1 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 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. DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 PSA24-2408TRAN Page 4 City Attorney Approved Version 12/22/2023 11.1.1 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. 11.1.2 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. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 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. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 PSA24-2408TRAN Page 5 City Attorney Approved Version 12/22/2023 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Jason Evans Name Janelle Firoozi Title Associate Engineer Title Project Manager Department Public Works Address 550 West C Street, Suite 750 City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Ave Phone No. 949.422.3485 Carlsbad, CA 92008 Email JFiroozi@esassoc.com Phone No. 442-339-5795 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. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 PSA24-2408TRAN City Attorney Approved Version 12/22/2023 Page 6 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. 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. 20. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 21. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 22. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 PSA24-2408TRAN City Attorney Approved Version 12/22/2023 Page 7 product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 23. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 24. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 25. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 26. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 27. 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. DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 PSA24-2408TRAN City Attorney Approved Version 12/22/2023 Page 8 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 2024. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation By: By: (sign here) Scott Chadwick, City Manager Barbra Calantas SoCal Biological Resources Director (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 March 18th PSA24-2408TRAN City Attorney Approved Version 12/22/2023 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 Buena Vista Creek Emergency Channel Maintenance Project Task 1: Project Management and Coordination Task 2: Regulatory Permitting Compliance and Agency Coordination • • • • DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 Task 3: Biological Monitoring and Agency Coordination General Assumptions • • • • • Budget Summary DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 1 EXHIBIT B Environmental Science Associates & Subsidiaries: 2024 Schedule of Fees 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. LABOR CATEGORY BILLING STEP I BILLING STEP II BILLING STEP III BILLING STEP IV BILLING STEP V BILLING STEP VI Senior Principal Consultant $255 $282 $311 $341 $371 $401 Principal Consultant $210 $238 $265 $293 $321 $349 Managing Consultant $189 $211 $234 $256 $278 $300 Senior Consultant $155 $171 $192 $212 $233 $253 Associate Consultant $137 $151 $164 $177 $190 $203 Consultant $104 $117 $129 $143 $156 $169 Project Technician $75 $97 $119 $142 $164 $186 (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 DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 ESA 2024 Schedule of Fees 2 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. 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% DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 ESA 2023 Schedule of Fees 3 E. Equipment Rates ITEM RATE/DAY RATE/WEEK RATE/MONTH Project Specific Equipment: Vehicles – Standard size (no off-road usage) $ 100a $ 500 Vehicles – 4x4 /Truck (light duty) 150 Vehicles – 4x4 /Truck (heavy duty) 175 Vehicles – ATV 150 Noise Meter 115 Hydroacoustic Noise Monitoring Equipment 175 Satellite Phone 15 70 250 Electrofisher 350 1,750 Field Traps 50 Digital Hypsometer (Nikon) 25 Backpack Sprayer 30 360-Degree 4k Camera 35 175 High Resolution Time-Lapse Camera 20 100 350 Beach Seine 60 Otter Trawl 115 Wildlife Acoustics Bat Detector 125 400 Wildlife Trail Camera 30 100 Fiber Optic Endoscope 150 750 Spotting Scope 50 200 Topographic/Bathymetric Survey Equipment: Total Station 300 UAV/Drone 300 1,500 RTK-GPS 300 RTK-GPS Smartnet Subscription 75 Hypack Survey Software 150 Laser/Auto Level 50 Single-Beam Echoshounder 150 600 Sidescan Sonar 200 1m GNSS Data Collection System 85 425 1,700 Sub-meter GNSS Data Collection System 115 Sub-foot Data Collection System 230 Garmin GPS or equivalent 30 Hydrologic Data Collection, Water Current, Level and Wave Measurement Equipment: ISCO 2150 Area Velocity Flow Logger $ 50 $ 300 $ 800 SonTek IQ-Plus Area Velocity Flow Logger 100 500 1,500 Logging Rain Gage 10 50 200 Hand-Held Current Meter 50 Surface Velocity Radar 50 Wave Pressure Sensor 115 460 Wave Buoy 175 700 Sonic Wave Sensor 35 175 500 Logging Water Level - Pressure Transducer 125 Logging Barometric Pressure Logger 60 Well Probe / Water Level Meter 25 Bottom-Mounted Tripod / Mooring 30 150 400 Stormwater Crest Sampler 20 Water Quality Equipment: Logging Turbidimeter/Water Level Recorder $ $ $ 400 Logging Conductivity/Water Level Recorder 250 Recording Conductivity Meter w/Datalogger 20 60 200 Hand-Held Turbidimeter 50 200 Hand-Held Salinity Meter or pH meter 35 Logging Salinity Gauge 150 Logging DO/Temp Probe 150 Logging Water Quality Sonde 1 Sensor 50 200 700 Logging Water Quality Sonde 2 Sensor 65 250 800 Logging Water Quality Sonde 3 Sensor 75 300 900 DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 ESA 2024 Schedule of Fees 4 ITEM RATE/DAY RATE/WEEK RATE/MONTH Logging Water Quality Sonde 4 Sensor 90 350 1,000 Telemetry System Hardware 125 Water Quality Multi-Probe Depth Profiler 200 Niskin Water Sampler 50 ISCO 6712 Portable Sampler w/ISCO 2105 Module 60 350 900 Sedimentation / Geotechnical Equipment: Peat Corer $ 85 60lb Helly-Smith Bedload Sampler 200 Mini-Ponar Grab Sampler 50 DH-76 Suspended Sediment Sampler 100 D-96 Suspended Sediment Sampler 200 Bridge Crane 150 RSET 50 AMS Soil Sampling Kit 50 Hand-Held Helley-Smith Bedload Sampler 30 Guelph Permeameter 60 Sludge Sampler 60 Shear Strength Vane 60 Handheld DH-48 Suspended Sediment Sampler 30 Boats: Small Watercraft $ 50 $ 200 15’-17’ Boat 350 1,200 20’-21’ Boat 400 1,800 22’-25’ Boat 500 2,000 Houseboat Floating Laboratory 4,500 a Actual project charges will include the daily rate plus $0.75 per beyond 100 miles DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/21/2023 License # 0E67768 (619) 788-5795 50206 (619) 574-6288 13056 Environmental Science Associates 575 Market Street, Suite 3700 San Francisco, CA 94105 44520 A 2,000,000 X X PSB0007416 12/1/2023 12/1/2024 1,000,000 Cont Liab/Sev of Int 10,000 XEU/BFPD 2,000,000 4,000,000 4,000,000 Incl Water Craft Liability Ded 0 1,000,000A X PSA0002468 12/1/2023 12/1/2024 Comp Ded $1,000 Coll Ded $1,000 10,000,000A PSE0004550 12/1/2023 12/1/2024 10,000,000 0 A X PSW0004135 12/1/2023 12/1/2024 1,000,000 1,000,000 1,000,000 B Prof Liab/Ded. $50K PKC114779 12/1/2023 Per Claim 8,000,000 B Poll Liab/Ded. $50K PKC114779 12/1/2023 12/1/2024 Aggregate 8,000,000 Re: All Operations City of Carlsbad/CMWD is Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. City of Carlsbad/CMWD Attn: Public Works Contract Administration 1635 Faraday Avenue Carlsbad, CA 92008 ENVISCI-05 MCCOWANA IOA Insurance Services 3636 Nobel Drive Suite 410 San Diego, CA 92122 Ali Smith Ali.Smith@ioausa.com RLI Insurance Company Crum & Forster Specialty Insurance Company X 12/1/2024 X X X X X X X X X X X DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65 DocuSign Envelope ID: AA885466-ED69-40BF-A2B4-3981B74D1D65